Beyond AI & Intellectual Property: Regulating Disruptive Innovation in Europe and the United States – A Comparative Analysis

Mauritz Kop

This research project aims to realize a detailed and systematic study of similarities and differences in EU-US Human Centered AI & IPR policy. It will present lawmakers a more sophisticated smörgåsbord of options to balance the societal impact of Artificial Intelligence. Per industrial sector. How to realize an impactful transformative tech related IP (intellectual property) policy that facilitates an innovation optimum and protects our common humanist moral values at the same time? Comparison of legal systems is one of the most fruitful sources of inspiration for legal development and legal reform. The same applies to the comparison of disruptive innovation policy perspectives across the Atlantic. Transformative technologies such as AI, big data, blockchain and quantum computing change the way we live at an extraordinary pace.
AI governance should be human centered, socially inclusive, ensure sustainable growth and respect fundamental rights and freedoms as enshrined in the EU Charter and the US Constitution. Technological convergence requires a balanced, innovation friendly intellectual property regime. Regulating disruptive innovation calls for a harmonized, unified approach. But IP is not the only answer – and not necessarily the best answer. Many other policy and governance tools for incentivizing innovation exist today. Non-IP policy tools that can be mixed, matched and layered with existing copyrights, patents, trademarks and trade secrets. This research aims to present ideas on how Europe and the United States could use IP alternatives to balance the effects of disruptive innovation and enable fair-trading conditions between key information age players, such as online platforms and its users. In a proportional and efficient manner. It seeks to examine how a mixture of IP and non-IP instruments can help bringing back harmony to the various areas of the Transatlantic markets. With an additional focus beyond IP, the research shall present ideas on how Europe and the United States could apply disruptive innovation policy pluralism (i.e. mix, match and layer IP alternatives such as competition law, contract law, consumer privacy protection, as well as prizes, fines and government-market hybrids) to enable fair-trading conditions and balance the effects of exponential innovation within the Transatlantic markets. The research envisages that the presented ideas and viewpoints will be refined towards more actual policies in Brussels and Washington. Since incentive and reward mechanisms vary per industry and per technology, therefore policy makers should differentiate more explicitly between economic sectors, the research will focus on 3 industrial sectors: Healthcare, Entertainment & Art, and AgriFood. This comparative, interdisciplinary project aims to offer legislators working in the nexus of AI and law an extended horizon of regulatory possibilities to efficiently balance the societal impact of artificial intelligence, blockchain, augmented reality and quantum computing. Research output provides informed suggestions on how and when to apply variations on traditional interventions, when to be cautious and when to be firm.