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Ben Wang, William C. Kessler and Andrew Dugenske

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Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang

This chapter explores the degree of adaptability of truly aspects of the patent and copyright systems such as the objects of protection, qualification of the right holder, ownership of patent or copyright, judgment of infringement, and subjects of liability, in a new AI era when AI algorithms independently make inventions and create literary and artistic works based on their deep learning ability. Then explores the role of the patent and the copyright law system as to the extent that they accord with the principle of fairness, both for the current “Weak AI era” and the future “Strong AI era”. Based on case studies, this chapter analyses a series of challenges brought by the development of AI technology to the current patent law and copyright law, try to suggest some possible solutions including but not limited to changing the primary rights, adding secondary rights, Sui Generis Right and new exceptions and limitations.