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Intellectual property laws vary by country, but are enforceable to some extent internationally. When we are talking about potentially tortuous actions taken by companies that can operate anywhere in the world providing services to anyone with an internet connection how is the relevant jurisdiction chosen?

The example I am thinking about is AI training and use. For example, Thaler v. Vidal indicates that any invention made solely by AI is not patentable under U.S. law, while the Artificial Inventor Project case recently decided in the Bundesgerichtshof indicates that the opposite may be true in Germany.

I assume in the case of patents countries would recognise patents granted by other countries. Would the same apply to copyright? What about the copying and creating derivative works rules? If one country allows AI training on copyright works and another does not, what is the status of the resulting model?

User65535
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1 Answers1

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Patents are national

There is no international recognition of foreign patents. So, if a company wishes to protect its invention worldwide, it must register its patent in each nation that operates a patent system.

So, if something is patentable in Germany but not the USA, then it can be protected in Germany but not the USA.

Copyright is international

Well, almost. Most nations are signatories to the Berne Convention which grants domestic copyright protection to foreign works.

However, the work must still be eligible for copyright protection in both nations. So, if a work created in the USA is not eligible for copyright in the USA, it has not copyright anywhere. If that same were were created in Germany and would be subject to copyright under German law, it is protected in Germany, but not in the USA. If it meets the criteria for protection of both countries, then it is protected in both no matter which it was created in.

Dale M
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