UK to expand data mining freedoms for AI

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK to expand data mining freedoms for AI

Datamining

The UKIPO published the results of its consultation on AI and IP today, June 28, and plans to shake up the rules on copyright and data

The UK will expand its data mining exception to copyright following a review of its artificial intelligence policies, the UKIPO announced today, June 28.

The UKIPO confirmed the policy as it published the results of its consultation, which ran from October 2021 to January 2022, on intellectual property and AI.

As part of that review, the UKIPO had asked stakeholders whether the UK’s current patent and copyright laws were fit for dealing with IP issues in the AI sector.

One of the biggest issues up for debate in the UK and internationally was whether IP offices should grant patents which list AI applications as the inventor.

But the UKIPO has decided against any move in that direction and limited its most substantial policy changes to the field of copyright.

The biggest change in IP policy will be an expanded copyright exception for data mining, a process where software is used to analyse data, including for the purposes of training AI.

The government plans that anyone with lawful access to copyright-protected material will be able to carry out this analysis without further permission from the copyright owner.

Copyright owners will still be able to control access to their data, but won’t be able to charge interested parties extra for the purposes of mining.

Data mining of copyrighted material is already legal in the UK but only for non-commercial use, meaning that the current exception doesn’t apply for the training of many AI programs.

Matt Hervey, head of AI law at Gowling WLG in London, said the new UK policy compared favourably to EU rules, which allow data mining but subject to an opt-out by the copyright owner.

"The UK government is proposing a very pro-innovation position for text and data mining," Hervey said.

"The lack of an opt-out is more favourable to commercial AI innovation than the EU rules, and supports our world-class AI industry," he added.

Science and innovation minister George Freeman said the UK’s copyright framework would be one of the most AI-friendly in the world.

“Our new UK rules on copyright and data mining will act as a catalyst for our innovators to flourish, helping ensure the UK’s IP system remains a powerful enabler for ground-breaking R&D,” Freeman said.

more from across site and SHARED ros bottom lb

More from across our site

Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
Gift this article