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All Journal Indonesian Law Journal
Ikechukwu Ugwu
University of Silesia in Katowice
Law, Crime, Criminology & Criminal Justice

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EXPLORING SOFTWARE PATENT AS A POSSIBLE SOLUTION TO ALGORITHM'S LACK OF TRANSPARENCY Ikechukwu Ugwu
Indonesian Law Journal Vol. 15 No. 1 (2022): Indonesian Law Journal Volume 15 No. 1, 2022
Publisher : Badan Pembinaan Hukum Nasional Kementerian Hukum Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/jgf1hy08

Abstract

This article examines the possibility of solving the opacity of algorithms through patent law. The opacity of algorithms necessitated attempts at making it more transparent and preventing intentional secrecy, breach of privacy, discriminatory and biased decisions attributed to it, etc. As part of intellectual property rights, patent protection can solve or minimize these issues. The article first looks at algorithms meaning, the associated issues, and the patentability of algorithms under European laws, the USA, and Asia. Artificial intelligence (AI) and its algorithms are primarily protected under trade secrets. However, protection under trade secrets amplifies this lack of transparency by allowing for the non-disclosure of how an algorithm operates, making it more difficult to solve the problems identified with algorithms. Instead, this article offers the option of patenting as a better alternative, not just as means to solving the issues associated with an algorithm, but as means to promote invention and innovation.        
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