A Sui Generis system is an effective mechanism for AI Inventions
Massadeh ’24 [Firas, Fayez Al-Nusair, Ali Abdel Mahdi Massadeh; Firas Massadeh has a PhD in Intellectual Property Law and Internal Commercial Law; Fayez Al-Nusair has a PhD in Intellectual Property Laws; Ali Abdel Mahdi Massadeh is an Assistant Law Professor at the University of Jordan; Research Gate; “The legal protection of artificial intelligence-generated work: The argument for sui generis over copyright”; pg. 53-54 //ST]
To meet the needs of the international marketplace, an effective mechanism for the protection of IP rights must be established, preferably multilaterally but if necessary through regional and bilateral arrangements (Doane, 1994). The TRIPS Agreement has taken a more direct approach to copyright (WTO, 1994), and EU directives on database legal protection (Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the Legal Protection of Databases, 1996) and harmonization of certain aspects of copyright and related rights in the information society (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, 2001) have also clearly addressed copyright. Directive 96/9/EC of the European Parliament and of the Council explicitly deals with issues related to database protection by stating that certain aspects of databases require more protection than copyright, and in so doing it leans more heavily toward sui generis for certain technical aspects. In the UAE, the concept of IP and AI is addressed in the IP legal framework in the provisions of TRIPS Art. 10(2) on Data Compilations5 (WTO, 1994). It should be noted that the TRIPS Agreement provides that gatherings of data and other material essentially must be protected “as such”. While it is not said that these compilations must be protected as works, this can be assumed since the provision appears in that part of the TRIPS Agreement which deals with copyright (WIPO, 2012). The traditional perspective towards AI and IP has evolved especially the stance of WIPO conversations on trends in technology and artificial intelligence in 2019 and 2021, respectively. This approach led to addressing the main issue related to the traditional IP rights legal system, especially copyright shortcomings regarding sufficient protection within the current copyright system leading to seeking alternative solutions