The Government has recently announced its plans to invest £6.4 million in an Artificial Intelligence (AI) digital pathology data platform, with the particular aim of (1) storing digital pathology data from the NHS and (2) training AI models on this set of information to help improve the identification and treatment of diseases.
The programme is scheduled to be led by the NHS Data for Research and Development Programme and will be set up to establish a health data research infrastructure that will provide rapid access to the world’s largest linked data sets for research.
Our Life Science solicitors assess the opportunities and challenges of AI in medical research, highlighted by the Government's £6.4 million investment in an AI digital pathology platform. They also tackle the legal issues surrounding copyright and intellectual property rights in AI-generated content.
The interplay between AI and copyright
With the continued, if not exponential, advances in AI within the life sciences sector, the laws surrounding and protecting that technology must play catch up.
Pharmaceutical companies, for example, are interested in protecting their latest discoveries and breakthroughs, whether in medical devices, drugs, or other advancements.
AI is no different, and it is important to understand what legal protection is afforded to the owners of AI platforms.
While copyright protects and provides the owner with the exclusive right to copy, distribute, adapt, display or perform creative work, in the UK, the law surrounding copyright does not specifically extend to protection in the AI platform itself.
This is because the law does not allow a work created by a computer alone to be eligible for copyright protection.
Instead, only the person responsible for arranging the AI’s operation is considered the work's author.
As a result, the copyright concerning any AI-generated content will likely vest in the developer or programmer rather than in the AI platform itself.
The emerging use of AI also raises the question of whether an AI platform can infringe copyright (due to its ability to generate content).
Even though AI itself may not be capable of infringement, those who operate it could be liable in the event of any dispute.
What is clear is that the current legal framework surrounding copyright and intellectual property will need to be developed to keep up with the growth and development of AI.
This will require greater and closer collaboration between the Government, its select committees, the UK Intellectual Property Office, and those impacted in the sector to ensure that those who benefit from intellectual property protection are sufficiently protected in this ever-evolving area of the law.
Contact Our Life Science Solicitors
Our Dispute Resolution and Commercial Litigation lawyers on our Life Sciences team Myerson has a wealth of knowledge about intellectual property infringement and can provide bespoke service and knowledgeable advice on claims in this field.
Contact us on:
01619414000
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Alexia Dirgau
Trainee Solicitor
Alexia joined Myerson in 2022 as a Solicitor Apprentice and has been developing her legal knowledge and practical experience alongside her studies at BPP University. Her apprenticeship has provided her with a unique opportunity to learn through hands-on experience, working closely with colleagues across the firm while progressing towards qualification as a solicitor.
Alexia spent her first year in the Business Services team, where she gained valuable insight into how a law firm operates and developed a strong understanding of the importance of collaboration and client service. This experience provided an excellent foundation for her legal career and helped her build skills that she continues to apply in her work today.
Since then, Alexia has completed seats in Commercial Property, Commercial Litigation and Corporate, giving her exposure to a broad range of legal matters and allowing her to develop experience across both transactional and contentious work. These seats have helped her build a well-rounded understanding of the legal and commercial issues faced by individuals and businesses.
Alexia is currently undertaking a seat in the Probate Litigation team, assisting on a variety of contentious trusts and estates matters, including inheritance disputes and challenges relating to wills and estates. She particularly enjoys the variety of the work and the opportunity to help clients navigate what are often complex and sensitive situations.
One of the aspects Alexia enjoys most about her role is the collaborative nature of legal practice. She enjoys working closely with colleagues across different teams, drawing on a range of expertise to provide practical solutions for clients. Working alongside talented lawyers in a supportive environment has enabled her to develop both professionally and personally throughout her apprenticeship.
About Alexia Dirgau