The Brief Edition 1 2020

Page 15

Where Autonomous Vehicles

and the Law Collide Abinaja Yogarajah

Autonomous Vehicles Whilst the unchartered territory of Autonomous Vehicles (‘AV’) is quickly approaching us, Australian and international legal structures may not be able to support the novel situations that accompany it. AV are self-driving vehicles that are capable of sensing their environments and moving safely with little to no human input. The insertion of Artificial Intelligence (‘AI’) at every stage of AV operation creates many questions where the answers may not yet exist. There are many problems that need to be discussed before AV enter the midst of our inquires, such as patenting, data security, privacy, moral concerns and criminal culpability. Whilst this article may not answer all your questions, it will certainly create some. Patenting in the Autonomous Vehicle Era AV are dependent on hundreds of complex systems with many components interacting interdependently with each other. They vary

Ed.1 2020

from range-sensing and GPS systems to imaging sensors and so on. These outputs are then processed on the AV’s computing system to fulfil the motion objectives of the vehicle in a safe and efficient manner. With so many different types of systems and automations involved in the functioning of a car, it is unavoidable that various companies have to collaborate to create functional and dependable driving experiences. Therefore, AV companies have been relentlessly pursuing the myriad of patenting opportunities provided by complex vehicles. Whilst your standard smartphone has more than 250,000 patents in the US alone, the rapid increase in patenting by the AV industry, combined with the complexity of AV systems, indicate that AV will likely revolutionise intellectual property protection. One of the biggest concerns in the intellectual property law arena is whether current Australian and international patent regimes are adequate in protecting AI

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