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IPO Artificial Intelligence and Intellectual Property: Call for Views - Trade Marks

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posted on 2023-03-07, 14:58 authored by Marie White, Alexandra MogyorosAlexandra Mogyoros, Dev Gangjee

[First paragraph]: 

"1. If AI technology becomes a primary purchaser of products, what impact could this have on trade mark law? 

The impact of this development on trade mark law will depend on exactly how the AI is used in the purchasing context. AI technology is currently used in the purchasing process both as a virtual assistant and in creating product recommendation systems. The use of AI in these ways involve significant human input. If AI becomes a primary purchaser of products with little human input, however, this may lead to changes in the normative underpinnings of trade mark law, as axioms about the purpose of trade marks vis-à-vis the behaviour of human consumers becomes less applicable."

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