Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 ros bottom lb

More from across our site

The country saw sweeping IP reform in 2020, but IMPI still needs to implement regulations governing the changes
Sources welcome the aims of the new UK Patents Court Guide, but some are unsure it will help juniors level up
US biosimilar cases will likely settle and patent thickets could be a bugbear for companies, say three in-house counsel and three private practice lawyers
The claim, filed this week against the University of California’s governing board, follows action by Accord Healthcare in October
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
EU lawyers say they should be allowed to cite bad faith at a much earlier stage in trademark disputes to avoid falling victim to squatters and ‘legal’ fakes
Amendments to the Patents Court Guide are a welcome step, but we must ensure everyone is on side
Counsel expect ripple effects from last year’s seminal decisions on patent term extensions and patentability of computer-related inventions, and much more
The Patent Trial and Appeal Board found that claims in a Novartis patent were obvious over the prior art
Rights owners say a copyright exception that would allow text and data mining for AI training would sell out the creative industries