The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1520717
38 www.canadianlawyermag.com Artificial intelligence can help fight online fakes, but it is also being used to create more, lawyers tell Tim Wilbur AI helps and hinders online infringement ARTIFICIAL INTELLIGENCE is a double- edged sword for businesses fighting online intellectual property infringement. While lawyers say AI tools can help identify and enforce IP, new technologies are making infringing much easier. "The most difficult thing of enforcing online is the anonymity and the ease with which the infringers can copy what was difficult to create," says Daniel Anthony, a Smart & Biggar LLP principal specializing in trademark, copyright, and internet law. Anthony emphasizes the importance of a robust IP protection program, which includes regis tering copyrights and trademarks when he works with clients who have online businesses. This can help these businesses remove counterfeit goods or infringing content on platforms like Amazon and Facebook, where these products can thrive. For many of Smart & Biggar's clients, contractual protections through online terms and conditions can also help protect them where traditional IP protection may not. Anthony says many of his clients use a hybrid approach, combining AI-driven tools with human oversight to improve the detection of infringements. AI can scan vast amounts of data for potential violations, LEGAL REPORT INTELLECTUAL PROPERTY and legal professionals can then review it to determine the appropriate course of action. Anthony cites domain name analysis and music copying detection as typical examples of places AI can be used. "AI can listen to a lot of sounds, soundtracks, and videos on YouTube, and it can pull up suspected musical copying." Yet Anthony cautions clients against automating too much of their IP infringement enforcement. In Keezio Group, LLC v. The Shrunks' Family Toy Company Inc., the BC Supreme Court found an IP rightsholder liable for damages due to the filing of groundless trademark and copyright complaints with "The most difficult thing of enforcing online is the anonymity and the ease with which the infringers can copy what was difficult to create" Daniel Anthony, Smart & Biggar LLP