/ Technology emerged in pandemic must be protected

April 23, 2021

We value the artificial intelligence that has made it possible to deal with Covid-19 effectively and immediately. This technology needs legal recognition to guarantee its protection and copyright.

Macarena Gatica L.
Alessandri Abogados

This year the commemoration of Intellectual Property Day is different. The pandemic makes us celebrate the innovations that have allowed the world to fight against Covid-19. We highlight those who with their intellect have created vaccines, torulas, treatments, diagnostic mechanisms, models of contagion probabilities, traceability analysis, among other creations. These innovations must be legally protected and this requires the use of intellectual property tools.

The great data computation capacity of current technological systems, together with artificial intelligence (AI), has enabled the scientific community to research and respond to the challenges presented by the new virus quickly and effectively. For example, by applying algorithms associated with chest scans, it is possible to diagnose Covid-19 without waiting for a PCR test result, and even modify the diagnosis of a false negative. This makes it possible to speed up treatment and quickly confine those infected. In addition, there are now algorithms that analyze voice and cough patterns, making it possible to determine the presence of the virus in a person at an early stage.

Marvin Minsky, co-founder of the AI laboratory at the Massachusetts Institute of Technology (MIT), defines AI as “a discipline that deals with creating programmed machines that are capable of doing things that require the same intelligence as if they were done by humans”. Beyond the social recognition that we as citizens can give to AI for its contribution to the scientific community, these creations of the intellect require legal protection for their proper use and exploitation. However, according to the nature of AI, it does not find such protection. Therefore, the current intellectual property legal framework needs to be adapted to this new type of intellectual creations.