Algorithmic Arts, Aesthetic Progress and Patent Law

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Digitalization of technology challenges the traditional view according to which the subject matter of patent protection is utilitarian, and art and aesthetical objects are often excluded. The current merging of aesthetic arts and utilitarian technology makes us question the place of aesthetic creation in patent law, in particular whether it should continue to be excluded from patent protection. The chapter begins with the question whether the exclusion reflects a particular theory of art according to which utilitarian objects and aesthetic objects are essentially different, and the incentives that both require for their creation are different. This chapter argues that overlaps may be unavoidable. In order to test this thesis, the chapter identifies three cases of hybrid subject matters where the utility and aesthetics are merged and argues that the way to deal with the dilemma of overlaps and exclusion may be to introduce general open norms and principles of protection rather than specific rules.
Original languageEnglish
Title of host publicationKritika : Essays on Intellectual Property
EditorsHanns Ullrich, Peter Drahos, Gustavo Ghidini
Number of pages35
Volume6
Place of PublicationCheltenham
PublisherEdward Elgar
Publication date2024
Pages85-119
ISBN (Print)978-1-0353-3981-5
ISBN (Electronic)978-1-0353-3982-2
DOIs
Publication statusPublished - 2024
MoE publication typeA3 Book chapter
EventInternational Society for History and Theory of IP Annual Workshop: IP and the visual - University of Technology, Sydney, Sydney, Australia
Duration: 03.07.201906.07.2019
Conference number: 11
https://www.uts.edu.au/about/faculty-law/events/ishtip-workshop-intellectual-property-and-visual

Keywords

  • 513 Law
  • digital creativity
  • Artificial intelligence
  • Patent
  • EPC

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