Journal of Intellectual Property Law & Practice (Blog) vom 29.01.2018
In seinem Beitrag für das JIPLP denkt RA Darren Meale einige Einsatzmöglichkeiten für zukünftige Legal-Tech-Lösungen im Markenrecht an.
„A computer does not work like a human. It cannot see the subtlety of language, it struggles with nuance, and it can only operate in a mechanical, unthinking way. It cannot put itself into the mind of a human being and try and work out whether he or she will be confused by PEPSI v POPSI or GOOGLE v GIGGLE. It cannot prepare an overarching strategy. Well maybe not today, so don’t panic. But what about tomorrow? The computer can certainly be taught rules. Once it knows the rules, it will apply them in exactly the same way every time. And it will do it at effectively the speed of light.
It does not need to read 7,000 EUIPO opposition and cancellation decisions. It has just read them. If we teach it how to interpret those decisions, it will do so just fine. I do not pretend to understand fully how AI and machine learning work. But I do recognize the principle that the more data we make available to a computer the better it gets at making judgments on human behaviour. The same will inevitably go for making judgments on trade mark conflict. […]“