No. 145: AI-Powered Trademark Enforcement and Online Intermediary Liability: Implications for the US and EU Regulatory Frameworks
Abstract
The rise of artificial intelligence (AI) is expected to have an impact on intellectual property (IP) that may prove even more profound than that of the advent of the internet. Both developments, however, share a common feature: the increasing pressure placed on online intermediaries to adopt a more proactive role in the protection of IP rights. As with other disruptive technologies, AI generates both opportunities and risks, and may thus constitute simultaneously part of the problem and part of the solution. In the trademark context, while the expanding use of AI may open new avenues for infringing practices, the very same technologies also offer powerful tools to prevent, detect, and monitor the dissemination of counterfeit goods.