Why IP Lawyers Should be Involved in Business Strategic Decision-Making

keep-calm-and-call-your-ip-lawyer-3Just a Note: Recently, I am preparing for teaching a course for entrepreneurs and executive officers under the “Management of Cultural and Creative Business” postgraduate program held by the HKU SPACE. In addition, I myself have sat in a course of “Advanced Intellectual Property Law” led by William Fisher (Terry), the Wilmer Hale Professor of Intellectual Property Law at Harvard Law School.  These non-profit work brought me, partially, back to academic life, which is inspiring and interesting. However, after seven years full-time practice as an IP counsel, I see that my way of thinking has been more practical and industrial-oriented.

The following essay (after some edits before posting) was indeed a quick writing completed within 2.5 hours as a part of the answer book for the final exam of the aforesaid Advanced IP Law course.  Therefore, the first and biggest thank will be given to Terry, for his always enthusiastic seminars and informative contents therein.  This essay, along with the earlier blog posts and forthcoming ones, will become a series of my thoughts on IP & Creative Industry. And hopefully, it can bring something new to both academics and practitioners.

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China’s top authorities issued a policy paper on protection of property rights

imageXinhua, China’s state news agency, has released a policy paper on the enhancement of property protection (“Paper”). The Paper was issued in the joint names of the top powerful authorities in China – Central Committee of the Chinese Communist Party and the State Council, which indicates that it would be a very important document guiding the subsequent reform of regulations and bylaws in connection with various property rights.

The policy Paper has the following highlighted declarations:

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Be As Smart As A Puppy – Fast Readings for AI

Kate Crawford & Ryan Calo, There is a blind spot in AI research , Nature

We believe that a fourth approach is needed. A practical and broadly applicable social-systems analysis thinks through all the possible effects of AI systems on all parties. It also engages with social impacts at every stage — conception, design, deployment and regulation.

researchers … need to start investigating how differences in communities’ access to information, wealth and basic services shape the data that AI systems train on.

Domingos, P. The Master Algorithm: How the Quest for the Ultimate Learning Machine Will Remake Our World (Allen Lane, 2015):

“People worry that computers will get too smart and take over the world, but the real problem is that they’re too stupid and they’ve already taken over the world.”

Is Artificial Intelligence Permanently Inscrutable?

The European Union recently proposed to establish a “right to explanation,” which allows citizens to demand transparency for algorithmic decisions.

… Even if it were possible to impose this kind of interpretability, it may not always be desirable. The requirement for interpretability can be seen as another set of constraints, preventing a model from a “pure” solution that pays attention only to the input and output data it is given, and potentially reducing accuracy.

Bornstein-BR-2

… Yosinski, for example, says he is trying to understand deep networks “in the way we understand animals, or maybe even humans.”

… Thompson was surprised, however, to discover that the circuit used fewer components than any human engineer would have used—including several that were not physically connected to the rest, and yet were somehow still necessary for the circuit to work properly.

He took to dissecting the circuit. After several experiments, he learned that its success exploited subtle electromagnetic interference between adjacent components. The disconnected elements influenced the circuit by causing small fluctuations in local electrical fields. Human engineers usually guard against these interactions, because they are unpredictable. Sure enough, when Thompson copied the same circuit layout to another batch of components—or even changed the ambient temperature—it failed completely.

The circuit exhibited a hallmark feature of trained machines: They are as compact and simplified as they can be, exquisitely well suited to their environment—and ill-adapted to any other. They pick up on patterns invisible to their engineers; but can’t know which of those patterns exist nowhere else. Machine learning researchers go to great lengths to avoid this phenomenon, called “overfitting,” but as these algorithms are used in more and more dynamic situations, their brittleness will inevitably be exposed…

Be As Smart As A Puppy 

Non-human actors in our home, that we’ve selected personally and culturally. Designed and constructed but not finished. Learning and bonding. That intelligence can look as alien as staring into the eye of a bird (ever done that? Brrr.) or as warm as looking into the face of a puppy. New nature.

The smart bots are coming and this one is brilliant

The way Mortensen sees it, there will be two classes of digital assistants, the broad and the specific, or as it he calls it, “horizontal and vertical AI.”

The next hot job in Silicon Valley is for poets

As tech behemoths and a wave of start-ups double down on virtual assistants that can chat with human beings, writing for AI is becoming a hot job in Silicon Valley.

Why Do I Have to Call This App ‘Julie’?

And why does artificial intelligence need a gender at all?

Stanford AI 100 Report 2016

Contrary to the more fantastic predictions for AI in the popular press, the Study Panel found no cause for concern that AI is an imminent threat to humankind. No machines with self-sustaining long-term goals and intent have been developed, nor are they likely to be developed in the near future. Instead, increasingly useful applications of AI, with potentially profound positive impacts on our society and economy are likely to emerge between now and 2030, the period this report considers. At the same time, many of these developments will spur disruptions in Substantial increases in the future uses of AI applications, including more self-driving cars, healthcare diagnostics and targeted treatment, and physical assistance for elder care can be expected. 5 how human labor is augmented or replaced by AI, creating new challenges for the economy and society more broadly. Application design and policy decisions made in the near term are likely to have long-lasting influences on the nature and directions of such developments, making it important for AI researchers, developers, social scientists, and policymakers to balance the imperative to innovate with mechanisms to ensure that AI’s economic and social benefits are broadly shared across society. If society approaches these technologies primarily with fear and suspicion, missteps that slow AI’s development or drive it underground will result, impeding important work on ensuring the safety and reliability of AI technologies. On the other hand, if society approaches AI with a more open mind, the technologies emerging from the field could profoundly transform society for the better in the coming decades.

Tech TalkAt WorkTech Careers Computer Vision Leader Fei-Fei Li on Why AI Needs Diversity

“No matter what data we look at today, whether it’s from universities or companies, we lack diversity,”

教人做坏事的民事责任

《侵权责任法》第九条第一款:

教唆、帮助他人实施侵权行为的,应当与行为人承担连带责任。

最高法院《民法通则意见》第148条

“教唆、帮助他人实施侵权行为的人,为共同侵权人,应当承担连带民事责任。教唆,帮助无民事行为能力人实施侵权行为的人,为侵权人,应当承担民事责任。教唆,帮助限制民事行为能力人实施侵权行为的人,为共同侵权人,应当承担主要民事责任。”

《中华人民共和国合同法》第四十二条

当事人在订立合同过程中有下列情形之一,给对方造成损失的,应当承担损害赔偿责任:
(一)假借订立合同,恶意进行磋商;
(二)故意隐瞒与订立合同有关的重要事实或者提供虚假情况;
(三)有其他违背诚实信用原则的行为。