Artificial Intelligence and Trademark Assessment

2021 ◽  
pp. 266-291
Author(s):  
Anke Moerland ◽  
Conrado Freitas
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Research Methods ◽  
Interview Data ◽  
Third Party ◽  
Distinctive Character ◽  
Trademark Law ◽  
Unfair Advantage ◽  
Present Information ◽  
Near Future

Artificial intelligence (AI) has an unparalleled potential for facilitating intellectual property (IP) administration processes, in particular in the context of examining trademark applications and assessing prior marks in opposition and infringement proceedings. Several stakeholders have developed AI-based algorithms that are claimed to enhance the productivity of trademark professionals by carrying out, without human input, (parts of) the legal tests required to register a trademark, oppose it, or claim an infringement thereof. The goal of this chapter is to assess the functionality of the AI tools currently used and to highlight the possible limitations of AI tools to carry out autonomously the legal tests enshrined in trademark law. In fact, many of these tests are rather subjective and highly depend on the facts of the case, such as an assessment of the distinctive character of a mark, whether the relevant public is likely to be confused or whether a third party has taken unfair advantage of a mark. The chapter uses doctrinal research methods and interview data with fourteen stakeholders in the field. It finds that AI tools are so far unable to reflect the nuances of the subjective legal tests in trademark law and, it is argued, even in the near future, AI tools are likely to carry out merely parts of the legal tests and present information that a human will have to assess, taking prior doctrine and the circumstances of the case into account.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

A Review on Ethnobotanical, Phytochemical, Pharmacological and Traditional Aspects of Indigenous Indian Herb Trachyspermum ammi (L)

2020 ◽  
Vol 6 (3) ◽  
pp. 172-187 ◽  
Author(s):  
Nikita Saraswat ◽  
Neetu Sachan ◽  
Phool Chandra
Keyword(s):  
Chemical Constituents ◽  
Collective Data ◽  
Trachyspermum Ammi ◽  
Present Information ◽  
Gastrointestinal Problems ◽  
Vedic Literature ◽  
Key Terms ◽  
Phytochemical Studies ◽  
Near Future

Introduction and Ethnopharmacological relevance: In the Indian Vedic literature, Charakasamhita and Sushritasamhita, the Ajwain is known as Bhootika and in the charaksamhita commentaries, it is termed as Yavanika. The medicinal role of Ajwain fruit is claimed to be very important in the treatment of many ailments in humans. The plant Trachyspermum ammi Linn. is a grassy, aromatic annual plant, which falls in the family Umbelliferae. This plant is grown in India, Iran, Pakistan, Egypt, etc. for its medicinal benefits. Tribals of India use it for the treatment of diarrhea, arthritis, colic and gastrointestinal problems. In the traditional preparations, Indian Vaidya guru’s (Ayurveda Guru’s), the ajwain extract is used as “Admoda Arka”. The Ayurveda doctors, hakims and Vaidya gurus recommend ajwain for treating headaches, cold, flu and even during painful menstrual periods. Aim of the Study: The review paper has compiled the researches conducted on Trachyspermum ammi, which will help in presenting a collective data of the authentic researches conducted on the plant worldwide. It will also present information about the phytoconstituents which can be useful for building up new researches in near future. Materials and Methods: This paper has been prepared by collecting all the information available on the following platforms and the papers were searched from 1975 to 2019. The databases and electronic journals were well searched including Wiley, Springer link, Google Scholar, Science Direct, Pubmed. The key terms used for the search were Ajwain, C. copticum, Trachyspermum ammi and other synonyms of the plant. The search was also done by the names of chemical constituents present in the plant and the pharmacological effect of the plant. Results: The multiple uses of T. ammi are due to the active constituents present in it. As per the phytochemical studies on the fruits of T. ammi, the presence of various phytoconstituents has been found such as saponins, flavonoids, alkaloids, glycosides, fixed oils, thymenes, cumenes, tannins, amino acids, p-cymene, c-terpinene, steroids, etc. Conclusions: This paper is focused on presenting a detailed review on the literature, pharmacological properties, physicochemical studies and the newest researches on the plant. In this paper, we have also compiled the traditional uses of the herb used by Indian peopleon recommendations from their Hakims, Vaidya and use of the herbs by many tribes all across India and Pakistan.

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

scholarly journals Artificial Intelligence: The Attitude of the Public and Representatives of Various Industries

2021 ◽  
Vol 14 (8) ◽  
pp. 339
Author(s):  
Tatjana Vasiljeva ◽  
Ilmars Kreituss ◽  
Ilze Lulle
Keyword(s):  
Artificial Intelligence ◽  
Primary Data ◽  
Structured Interviews ◽  
The Public ◽  
Qualitative And Quantitative ◽  
Public Survey ◽  
Significant Difference ◽  
Main Factors ◽  
Negative Factors ◽  
Near Future

This paper looks at public and business attitudes towards artificial intelligence, examining the main factors that influence them. The conceptual model is based on the technology–organization–environment (TOE) framework and was tested through analysis of qualitative and quantitative data. Primary data were collected by a public survey with a questionnaire specially developed for the study and by semi-structured interviews with experts in the artificial intelligence field and management representatives from various companies. This study aims to evaluate the current attitudes of the public and employees of various industries towards AI and investigate the factors that affect them. It was discovered that attitude towards AI differs significantly among industries. There is a significant difference in attitude towards AI between employees at organizations with already implemented AI solutions and employees at organizations with no intention to implement them in the near future. The three main factors which have an impact on AI adoption in an organization are top management’s attitude, competition and regulations. After determining the main factors that influence the attitudes of society and companies towards artificial intelligence, recommendations are provided for reducing various negative factors. The authors develop a proposition that justifies the activities needed for successful adoption of innovative technologies.

scholarly journals A Survey on Bias and Fairness in Machine Learning

2021 ◽  
Vol 54 (6) ◽  
pp. 1-35
Author(s):  
Ninareh Mehrabi ◽  
Fred Morstatter ◽  
Nripsuta Saxena ◽  
Kristina Lerman ◽  
Aram Galstyan
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Deep Learning ◽  
Real World ◽  
State Of The Art ◽  
Future Directions ◽  
Discriminatory Behavior ◽  
Real World Applications ◽  
Near Future ◽  
Different Sources

With the widespread use of artificial intelligence (AI) systems and applications in our everyday lives, accounting for fairness has gained significant importance in designing and engineering of such systems. AI systems can be used in many sensitive environments to make important and life-changing decisions; thus, it is crucial to ensure that these decisions do not reflect discriminatory behavior toward certain groups or populations. More recently some work has been developed in traditional machine learning and deep learning that address such challenges in different subdomains. With the commercialization of these systems, researchers are becoming more aware of the biases that these applications can contain and are attempting to address them. In this survey, we investigated different real-world applications that have shown biases in various ways, and we listed different sources of biases that can affect AI applications. We then created a taxonomy for fairness definitions that machine learning researchers have defined to avoid the existing bias in AI systems. In addition to that, we examined different domains and subdomains in AI showing what researchers have observed with regard to unfair outcomes in the state-of-the-art methods and ways they have tried to address them. There are still many future directions and solutions that can be taken to mitigate the problem of bias in AI systems. We are hoping that this survey will motivate researchers to tackle these issues in the near future by observing existing work in their respective fields.

scholarly journals Peacekeeping Conditions for an Artificial Intelligence Society

2019 ◽  
Vol 3 (2) ◽  
pp. 34
Author(s):  
Hiroshi Yamakawa
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Human Society ◽  
Common Value ◽  
Goal Management ◽  
Computer Based ◽  
Common Goals ◽  
Near Future ◽  
Advanced System ◽  
Local Value

In a human society with emergent technology, the destructive actions of some pose a danger to the survival of all of humankind, increasing the need to maintain peace by overcoming universal conflicts. However, human society has not yet achieved complete global peacekeeping. Fortunately, a new possibility for peacekeeping among human societies using the appropriate interventions of an advanced system will be available in the near future. To achieve this goal, an artificial intelligence (AI) system must operate continuously and stably (condition 1) and have an intervention method for maintaining peace among human societies based on a common value (condition 2). However, as a premise, it is necessary to have a minimum common value upon which all of human society can agree (condition 3). In this study, an AI system to achieve condition 1 was investigated. This system was designed as a group of distributed intelligent agents (IAs) to ensure robust and rapid operation. Even if common goals are shared among all IAs, each autonomous IA acts on each local value to adapt quickly to each environment that it faces. Thus, conflicts between IAs are inevitable, and this situation sometimes interferes with the achievement of commonly shared goals. Even so, they can maintain peace within their own societies if all the dispersed IAs think that all other IAs aim for socially acceptable goals. However, communication channel problems, comprehension problems, and computational complexity problems are barriers to realization. This problem can be overcome by introducing an appropriate goal-management system in the case of computer-based IAs. Then, an IA society could achieve its goals peacefully, efficiently, and consistently. Therefore, condition 1 will be achievable. In contrast, humans are restricted by their biological nature and tend to interact with others similar to themselves, so the eradication of conflicts is more difficult.

Familienunternehmen und Personalmaßnahmen in Krisenphasen

2021 ◽  
Author(s):  
Daniel Ludwig
Keyword(s):  
Artificial Intelligence ◽  
Research Methods ◽  
Quantitative Research ◽  
Family Businesses ◽  
Research Assistant ◽  
Quantitative Research Methods ◽  
Personnel Practices ◽  
Advanced Analytics

This work examines family and non-family businesses and their use of personnel practices in times of crisis. The detailed questions that it addresses are, firstly, whether these types of businesses, in connection with crisis indicators, exert an influence on the use of personnel practices. Secondly, the study clarifies whether there are differences between family and non-family businesses and to what extent this is influenced by varying crisis indicators. The author previously worked as a research assistant, during which time, in addition to the topics covered in this work, he was primarily concerned with quantitative research methods. Since completing his dissertation, he has been working in the field of advanced analytics and artificial intelligence.

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