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276.46 sec. 001 - IP and Human Creativity in the AI Age (Spring 2025)
Instructor: Yuan Hao
Instructor: Robert P Merges (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only
Units: 2
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
W 6:25 PM - 8:15 PM
Location: Law 244
From January 15, 2025
To April 23, 2025
Course End: April 23, 2025
Class Number: 33014
Enrollment info:
Enrolled: 24
Waitlisted: 11
Enroll Limit: 24
As of: 01/16 03:35 AM
We are at the dawn of an age enabled by artificial intelligence. While the concept of AI dates back to the 1950s, the recent exponential increase in data, computing power, and improved models is largely responsible for its recent breakthroughs and widespread implementation. Most interestingly, in the past few years, AI has begun to permeate creative activities, which were always perceived to be the sole remit of human beings. A paradigm shift in creation may be rapidly dawning, as the burgeoning projects of “AI for science” and Generative AI’s recent disruption of artistic markets (along with high-stakes litigation) have inspired us. In this new creative paradigm, humans and AI may have complementary roles to play, constituting a “1+1 2” effect. In the longer term, this may have a 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 this paradigm shift in creation to ensure that “machine creativity” is deployed to promote human creativity rather than replace it? This is the central question this class aims to explore. At this crucial inflection point, together with the brilliant students of Berkeley Law, we aim to break new ground in understanding how IP can continue to facilitate human creativity in the AI-enabled age, including but not limited to the following issues:
The technological and epistemological underpinnings of the emerging human + AI creative synergy;
The patentability of AI technologies;
The challenges to the patent doctrines of inventorship posed by "AI-generated inventions";
The challenges to the patent doctrine of inventiveness/non-obviousness posed by “AI-generated inventions”;
The challenges to the patent doctrine of enablement/disclosure posed by “AI-generated inventions";
The challenges to the copyright doctrines of authorship posed by “AI-generated works”;
Copyright infringement issues related to the training of “Generative AI”;
The defense of fair use in the context of Generative AI;
Right of publicity in the "AI age";
IP’s role in addressing AI ethics;
The theoretical framework for 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 rights 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.
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Requirements Satisfaction:
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Submit teaching evaluations for this course between 14-APR-25 and 29-APR-25
Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Intellectual Property and Technology Law
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