Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

276.46 sec. 001 - IP and Human Creativity in the AI Age (Fall 2023)

Instructor: Yuan Hao  
Instructor: Robert P Merges  (view instructor's teaching evaluations - degree students only | profile)
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Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person


Tu 3:35 PM - 5:25 PM
Location: Law 240
From August 22, 2023
To November 21, 2023

Course Start: August 22, 2023
Course End: November 21, 2023
Class Number: 32195

Enrollment info:
Enrolled: 16
Waitlisted: 0
Enroll Limit: 25
As of: 02/07 02:03 PM

We are at the dawn of an age enabled by artificial intelligence. While the concept of AI goes back to the 1950’s, the recent exponential increase in data and computing power and improved models are largely responsible for its current widespread implementation. Most interestingly, during the past few years AI has started to permeate creative activities, which were always perceived to be human beings’ sole remit. A paradigm shift of creation may be rapidly dawning, as the burgeoning projects of “AI for science” and Generative AI’s most recent disruption to the artistic markets (+ new litigation) inspired us. In this new creative paradigm, human being and AI may have complementary roles to play, constituting an “1+1 2” effect. In the longer term, it may have profound impact on the creative economy.

Over the past centuries, human beings have established the good old intellectual property system to incentivize and honor our creativity. How should IP adapt to the paradigm shift in creation then, to ensure that “machine creativity” would be deployed to promote human creativity, rather than to replace it? This is the theme question this new class aims to explore. At this crucial inflection point, together with the brilliant students of Berkeley Law, we aim to break some new ground in how IP could continue to facilitate human creativity in the AI-enabled age, including but not limited to the following issues:

The technological and epistemological underpinnings for the emerging human + AI creative synergy;
The patentability of AI technologies;
The challenges to the patent doctrines of inventorship and ownership by “AI generated” technologies;
The challenges to the patent doctrine of inventiveness / non-obviousness by “AI generated” technologies;
The challenges to the patent doctrine of enablement / disclosure by “AI generated” technologies;
The challenges to the copyright doctrines of authorship and ownership by “AI generated works”;
Copyright infringement is sues through the training of “Generative AI”;
The defense of fair use / transformative use in the context of Generative AI;
IP’s role in addressing AI ethics;
Theoretical framework of justifying intellectual property in the AI age: the divergent foundations of utilitarianism and normative rights; the principle of dignity – how does the theoretical framework inform doctrinal adaptations;
The interplay of intellectual property and human right in the AI age;
The interplay of intellectual property and antitrust in the AI age.

Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.

� Suggested prerequisite course: Intellectual Property Law

(Not mandatory)

Requirements Satisfaction:

This is an Option 1 class; two Option 1 classes fulfill the J.D. writing requirement.

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Exam Notes: (P) Final paper  
Course Category: Intellectual Property and Technology Law

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