Mark Kokes – Adeia 

The intellectual property (IP) community has always been central to today’s innovation society. As the pace of innovation accelerates, especially with the integration of artificial intelligence (AI) in general—and generative AI (GenAI) in particular—it will be essential for IP professionals and organizations to adopt new strategies and operational paradigms created by the rapid proliferation of these technologies, says Dr. Mark Kokes, chief licensing officer and general manager, media, at Adeia, a leading R&D and IP licensing company that accelerates the adoption of innovative technologies in the media and semiconductor industries.  

“It is crucial for the entire IP community to develop an intimate understanding of how AI affects the full innovation lifecycle. AI, especially GenAI, is leaving an indelible mark on every component of IP management — from developing new ideas to tracking, protecting and maximizing investments in critical innovations,” says Kokes. 

Nowhere is this more true than in the rapidly-changing digital media entertainment sector — the markets in which Kokes and his team of IP professionals at Adeia operate. 

“AI and GenAI are already pivotal in how the digital media and entertainment sectors operate. These technologies have been central to the labor-relations issues that have unfolded with writers’ and actors’ strikes in Hollywood as AI transforms what consumers experience and how they enjoy the explosion of digital content available across a growing array of consumption platforms,” he says. 

While intelligent automation has been well underway on the distribution side of the digital media ecosystem over the past decade, the content creation community is now grappling with the role that AI-generated or enhanced material will play in the industry’s future.  

“It’s a complicated scenario, as the industry works through a wide array of issues — including how to assign ownership and determine value and compensation that should be applied and measured when human beings and intelligent digital agents interact to create entertainment experiences,” says Kokes. 

To assess the disposition of content, services and value in an AI-infused digital media landscape, one must address a dizzying array of questions.  

“Foundational issues include: Who gets the credit? Is it the AI technology? The engineer behind that specific AI technology? Or the creative who worked with the technology to create experiences?” he asks. 

Underlying AI issues 

He adds that the digital media community is also engaged in a significant effort to understand who owns and how to treat the foundational data used to train the large language models (LLMs) enabling GenAI applications, services and content. Developments on these fronts are changing the way different segments of the ecosystem deliver value. 

“AI advancements have enabled content creators, managers and distributors to harvest a wealth of behavioral data to understand viewers’ preferences. Insights derived from these intelligent and automated analyses inform various activities, including what kinds of programs to develop, how advertising should be targeted, and what recommendations to offer consumers often overwhelmed by available options,” says Kokes. 

As both markets and technologies evolve, it will be essential to have an industry-wide understanding of how to protect data and ensure transparency. Both are necessary to deliver on the promise of providing better digital experiences for consumers. 

AI and broader IP management  

With AI innovations introducing high levels of disruption in the production and distribution of digital entertainment experiences, it can be easy to overlook how these technologies affect other — and perhaps less obvious — dimensions of the IP business.  

“One specific area in which we see changes is intellectual property management systems. These applications increasingly feature modularized AI components,” explains Kokes. “These AI components can be used for several functions, from monitoring trademark and patent filings to tracking IP records and triggering notifications for maintenance operations, such as deadlines and renewals. When properly understood and implemented, AI-enhanced IP management practices offer the opportunity to reduce the risk associated with lapses in protection.” 

AI is also playing a growing role on the enforcement side of the IP equation. Many IP organizations are leveraging machine learning and related technology to build claim charts and automated strategies for identifying IP infringement.  

“This is a timely discussion because many businesses must spend more time and resources protecting their trade secrets and intellectual property assets. AI offers the potential to dramatically improve many businesses by cost-effectively monitoring internal communications, tracking external media and maintaining records of who has access to sensitive information. 

AI applications also introduce the potential to support—and even streamline—the management and execution of licensing and technology transfer agreements.  

“Intellectual property agreements typically take a long time, and renewals—especially for successful or popular properties—can be incredibly resource-intensive. Several new strategies and considerations are emerging to address the challenges with AI technologies that will accelerate IP agreement processes without exposing parties to unnecessary risks,” he says. 

Preparing for an AI future 

In preparation for the inevitable rise of AI’s profile in all aspects of the IP sector, Kokes recommends that professionals throughout the community pursue a proactive and engaged approach to assessing and integrating a new generation of people, processes and technologies into their strategic plans. 

“I encourage IP professionals to familiarize themselves with AI technologies, educate themselves about AI’s capabilities and limitations, and delve into the potential legal and ethical challenges. Use opportunities to experiment with AI tools in patent application and search processes. You will likely find that the tools save you time and resources,” concludes Kokes. 

View this feature in the Vanguard Spring I 2024 Edition here.