Digitalization and the Use of New Technologies in International Arbitration

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Publisher : BRILL
ISBN 13 : 9004700714
Total Pages : 217 pages
Book Rating : 4.0/5 (47 download)

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Book Synopsis Digitalization and the Use of New Technologies in International Arbitration by : Magdalena Łągiewska

Download or read book Digitalization and the Use of New Technologies in International Arbitration written by Magdalena Łągiewska and published by BRILL. This book was released on 2024-06-17 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching.

Arbitration in the Digital Age

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Publisher : Cambridge University Press
ISBN 13 : 1108287174
Total Pages : 328 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Arbitration in the Digital Age by : Maud Piers

Download or read book Arbitration in the Digital Age written by Maud Piers and published by Cambridge University Press. This book was released on 2018-01-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.

International Arbitration and Technology

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518162
Total Pages : 280 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and Technology by : Pietro Ortolani

Download or read book International Arbitration and Technology written by Pietro Ortolani and published by Kluwer Law International B.V.. This book was released on 2022-10-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

Arbitration in the Digital Age

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108417906
Total Pages : 327 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Arbitration in the Digital Age by : Maud Piers

Download or read book Arbitration in the Digital Age written by Maud Piers and published by Cambridge University Press. This book was released on 2018-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.

Legal Challenges in the New Digital Age

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Publisher : BRILL
ISBN 13 : 9004447415
Total Pages : 309 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Legal Challenges in the New Digital Age by : Ana Mercedes Lopez Rodriguez

Download or read book Legal Challenges in the New Digital Age written by Ana Mercedes Lopez Rodriguez and published by BRILL. This book was released on 2021-02-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.

Digital Justice

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Publisher : Oxford University Press
ISBN 13 : 0190464585
Total Pages : 265 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Digital Justice by : M. Ethan Katsh

Download or read book Digital Justice written by M. Ethan Katsh and published by Oxford University Press. This book was released on 2017 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the reader to a new framework for both online dispute resolution and online dispute prevention, known as "Digital Justice." The authors explore why traditional legal institutions are inadequate in today's sharing economy, and demonstrate the scarcity of effective ODR systems known as the "Digital Justice Gap." The authors focus particular attention on four areas that have seen great innovation, as well as large volumes of disputes: ecommerce, healthcare, social media, and labor. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

The Technological Competence of Arbitrators

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Publisher : Springer
ISBN 13 : 9783031116803
Total Pages : 0 pages
Book Rating : 4.1/5 (168 download)

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Book Synopsis The Technological Competence of Arbitrators by : Katia Fach Gómez

Download or read book The Technological Competence of Arbitrators written by Katia Fach Gómez and published by Springer. This book was released on 2023-12-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013)

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004274944
Total Pages : 579 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by : Arthur W. Rovine

Download or read book Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2014-10-02 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich

International Arbitration and the COVID-19 Revolution

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Research Handbook on Intellectual Property and Digital Technologies

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368346
Total Pages : 608 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Intellectual Property and Digital Technologies by : Tanya Aplin

Download or read book Research Handbook on Intellectual Property and Digital Technologies written by Tanya Aplin and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.

Information Technology and Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125159
Total Pages : 266 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Information Technology and Arbitration by : Thomas Schultz

Download or read book Information Technology and Arbitration written by Thomas Schultz and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is not another book about online dispute resolution (ODR). Rather, it is about how various information technology (IT) solutions may be put to good use in traditional arbitral proceedings. For arbitration professionals, be they arbitrators or counsel, this book brings the landscape of this changed practice into clear focus, dispersing mists of confusion and clarifying the choices they will inevitably be called upon to make.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

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Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

The LegalTech Book

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Publisher : John Wiley & Sons
ISBN 13 : 1119574285
Total Pages : 282 pages
Book Rating : 4.1/5 (195 download)

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Book Synopsis The LegalTech Book by : Sophia Adams Bhatti

Download or read book The LegalTech Book written by Sophia Adams Bhatti and published by John Wiley & Sons. This book was released on 2020-06-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Written by prominent thought leaders in the global FinTech investment space, The LegalTech Book aggregates diverse expertise into a single, informative volume. Key industry developments are explained in detail, and critical insights from cutting-edge practitioners offer first-hand information and lessons learned. Coverage includes: The current status of LegalTech, why now is the time for it to boom, the drivers behind it, and how it relates to FinTech, RegTech, InsurTech and WealthTech Applications of AI, machine learning and deep learning in the practice of law; e-discovery and due diligence; AI as a legal predictor LegalTech making the law accessible to all; online courts, online dispute resolution The Uberization of the law; hiring and firing through apps Lawbots; social media meets legal advice To what extent does LegalTech make lawyers redundant? Cryptocurrencies, distributed ledger technology and the law The Internet of Things, data privacy, automated contracts Cybersecurity and data Technology vs. the law; driverless cars and liability, legal rights of robots, ownership rights over works created by technology Legislators as innovators"--

International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154159
Total Pages : 5391 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

Arbitration’s Age of Enlightenment?

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940351387X
Total Pages : 1063 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Arbitration’s Age of Enlightenment? by : Cavinder Bull

Download or read book Arbitration’s Age of Enlightenment? written by Cavinder Bull and published by Kluwer Law International B.V.. This book was released on 2023-09-12 with total page 1063 pages. Available in PDF, EPUB and Kindle. Book excerpt: Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.

The Future of Dispute Resolution

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Author :
Publisher : Butterworth-Heinemann
ISBN 13 : 9780409332766
Total Pages : 297 pages
Book Rating : 4.3/5 (327 download)

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Book Synopsis The Future of Dispute Resolution by : Michael Legg

Download or read book The Future of Dispute Resolution written by Michael Legg and published by Butterworth-Heinemann. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.

WIPO Technology Trends 2019 - Artificial Intelligence

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Publisher : WIPO
ISBN 13 : 9280530070
Total Pages : 156 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis WIPO Technology Trends 2019 - Artificial Intelligence by : World Intellectual Property Organization

Download or read book WIPO Technology Trends 2019 - Artificial Intelligence written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-01-21 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first report in a new flagship series, WIPO Technology Trends, aims to shed light on the trends in innovation in artificial intelligence since the field first developed in the 1950s.