Transparency Rules in Intellectual Property Law

A new look at the distribution and attribution of information

Easy access to information and the use of new technologies (especially so-called artificial intelligence) have greatly changed data processing and the distribution of knowledge.

Intellectual property law is also affected by these changes because this area of law (among other areas of law) regulates the allocation and distribution of information. The aforementioned changes related to the handling of information can be viewed from the perspective of transparency.

In this research project, Dr. Daria Bohatchuk and Prof. Dr. Alfred Früh investigate the nature and functions of transparency as well as the role of transparency rules in intellectual property law. A whole range of mechanisms enshrined in intellectual property law are being researched in an attempt to create more (market) transparency. The aim is to find out how transparency relates to the objectives of intellectual property law and interacts with them. On this basis, new solutions to contentious issues of intellectual property law can be sought and developed. Examples include the scope of disclosure in patent law, the patenting of AI inventions the authorship of AI works, or how trademark law deals with product information. The results of the research help to evaluate newly proposed or enacted European Union (EU) regulations concerning the digital economy, which rely heavily on transparency considerations.