NewMUN: Chapter VI

BACKGROUND GUIDE
United Nations
Commission for
Intellectual Property

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Contents
LETTER FROM THE CHAIRS.................................................................................................... 3
AGENDA 1: ............................................................................................................................. 4
INTRODUCTION .................................................................................................................. 4
POSSIBLE SOLUTIONS ....................................................................................................... 6
BIBLIOGRAPHY ................................................................................................................... 7
AGENDA 2: ............................................................................................................................. 8
INTRODUCTION .................................................................................................................. 8
DEFINITION OF KEY TERMS .............................................................................................. 8
GENERAL OVERVIEW ........................................................................................................ 8
TIMELINE OF MAJOR EVENTS .......................................................................................... 9
MAJOR PARTIES INVOLVED .......................................................................................... 10
PREVIOUSLY ATTEMPTED SOUTIONS .......................................................................... 11
POSSIBLE SOLUTIONS .................................................................................................... 11
BIBLIOGRAPHY ................................................................................................................ 12

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LETTER FROM THE CHAIRS
Greetings, Delegates!

I humbly welcome you all to The United Nations Commission for Intellectual Property
(UNCIP) of NEWMUN Chapter VI. Your chairs are Ishaan Binesh and Mihir Anand,
and we are as excited as you delegate to participate and be involved in all the
discussions and debates that will follow.

In this council, every delegate has been allocated to a country relating to the issues
which will be discussed on the conference day. The delegate must research on the
topics thoroughly and also know the stance of the country you are allocated to.
Research is not the only factor which forms a delegate, but also factors like being
diplomatic, being a team person, ready to face challenges or crisis which might arise
in a council is what forms a delegate.

The purpose of the background guide is to provide a brief idea on the issues which
will presented during the council. This is only for reference and do not limit your
research to the background guide as this shall be checked by the chairs. A delegate
must not only be aware of his only delegation but also on the other delegations and
identify your allies and rivals.

This council is based on real-life agency, The World Intellectual Property

Organization (WIPO) which was specialized by the United Nations on 1974. Its main
objectives include fostering innovation and creativity by providing a balanced and
effective international IP system that encourages economic development and social
progress. This is a brief idea on the origins of the council. This guide should help
delegates to start on their research and not to be left behind.

We look forward to having an amazing time with you all,

Ishaan Binesh and Mihir Anand,

UNCIP.

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AGENDA 1:
Considering the Ethical and Privacy Issues
associated with the Creation and Use of
National and International DNA
Databases
INTRODUCTION
DNA databases are powerful tools that store genetic information for various
purposes. These databases help in solving crimes, identifying human remains, and
establishing family relationships. It is also used to track the mitigation pattern of the
population and study genetic diseases.
HOW IS DNA STORED?
DNA databases store genetic information by first collecting samples, extracting DNA,
and creating digital profiles with unique genetic markers. These profiles are securely
stored with encryption measures and metadata in database systems. Matching
algorithms compare profiles for identification purposes, with some databases
anonymizing data for privacy protection. Strict data retention policies and regulatory
compliance ensure ethical handling of genetic information in these databases.
PURPOSE OF DATABASES
DNA databases serve various critical purposes in fields such as forensic investigations,
medical research, ancestry testing, and the identification of genetic predispositions to
diseases. In forensics, they aid in identifying suspects or victims based on DNA
evidence. Medical research relies on DNA databases to study genetic variations and
develop personalized treatments. Ancestry testing helps individuals trace their
genetic heritage and family connections. DNA databases also assist in understanding
inherited diseases and assessing individuals' risks for certain health conditions,
contributing to preventive healthcare measures.

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EXAMPLE
DNA databases have been instrumental in various cases over the last decades. One
specific case where DNA databases proved instrumental was the capture of the "Grim
Sleeper" serial killer in Los Angeles, California. Lonnie David Franklin Jr., known as
the Grim Sleeper, was linked to a series of murders spanning over two decades. In
2010, a partial DNA match from crime scenes was found to be related to a man in
the California state DNA database. This partial match led investigators to Franklin's
son, whose DNA profile was in the database due to a felony conviction. Detectives
then collected a discarded pizza slice and utensils from a restaurant Franklin had
visited to obtain his DNA, which directly matched the DNA evidence from the crime
scenes. This case highlighted the crucial role of DNA databases in solving long-
standing criminal investigations and bringing perpetrators to justice by using familial
DNA searches to identify potential suspects and ultimately leading to their arrest and
conviction.
ETHICAL CONCERNS OF DNA DATABASES
The benefits of DNA databases in solving crime and advancing genetic research are
undeniable, however there are a few ethical concerns which needs to be addressed.
The ethical concerns surrounding DNA databases encompass various issues related to
privacy, consent, and discrimination. Informed consent is a significant challenge, as
individuals may not fully understand the implications of providing their DNA, including
how their genetic data will be utilized. This raises concerns about data privacy, given
the sensitive nature of genetic information and the risks of unauthorized access or
breaches. Additionally, the potential for genetic discrimination looms large, with
individuals at risk of being treated unfairly based on their genetic information in
contexts like employment and insurance.
The familial and ancestral implications of DNA testing further complicate matters, as
revelations about family connections may lead to unforeseen personal complications.
Furthermore, the potential misuse of ancestry information poses risks of reinforcing
racial or ethnic biases. Issues of equity also arise, particularly regarding the
disproportionate representation of marginalized groups in DNA databases, which
can exacerbate existing societal disparities. The role of these databases in law
enforcement invites concerns about surveillance and the risk of wrongful accusations
based on genetic information, while questions about data ownership complicate issues
of control and rights over genetic data. Ultimately, the long-term storage and use of
this sensitive information require transparent policies to address these ethical
dilemmas and safeguard individual rights.

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EXAMPLES
In 2020, the Havasupai Tribe reached a settlement with Arizona State University
regarding the use of their DNA for research without proper consent. The tribe had
initially provided DNA samples for diabetes research, but the samples were used for
other studies, including those related to migration and ancestry. This case underscores
the ethical concerns regarding informed consent and the ownership of genetic data,
particularly in the context of Indigenous communities, who often have distinct views on
genetic research tied to their cultural identity.
In 2021, concerns were raised about the potential for genetic discrimination following
the launch of a new feature by 23andMe that provided users with insights into their
genetic predisposition to certain health conditions. Critics pointed out that this
information could potentially be used by employers or insurance companies to
discriminate against individuals based on their genetic risks, despite protections like
GINA. This situation reflects ongoing worries about how genetic information may
impact individuals' access to opportunities and services.

POSSIBLE SOLUTIONS
To prevent these unethical uses of DNA databases, some of the solutions suggested
are:
• Transparency and Accountability- Specifically, in relation to DNA databases,
ensure that there is transparency as to policies and practices of police forces
and other bodies on handing over and sharing. Put mechanisms for
accountability and oversight in place to monitor compliance with ethical
standards.
• Public Awareness and Education- Raise public awareness about DNA
databases, the threats to privacy, and the ethical dimensions concerning
genetic data. Educate and disseminate resources on how individuals can best
make decisions about the sharing of their genetic information.
• Informed Consent- Ensure that DNA collection, storage, and uses require
informed consent, in which there is a clear explanation of the ways the DNA
material will be used, so people are aware of how their genetic information
will be used, with an option to make informed decisions about sharing their
information.

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SUGGESTED MODERATED CAUCUS TOPICS
• Facilitating international collaboration and frameworks for responsible
information sharing across borders in DNA databases.
• Promoting transparency and establishing accountability mechanisms for the
responsible use of genetic data in DNA databases.
• Enhancing data security and encryption protocols to safeguard genetic
information in national and international DNA databases.
• Establishing policies for data retention and deletion to balance investigative
needs with privacy rights in DNA databases.

BIBLIOGRAPHY
• https://blog.petrieflom.law.harvard.edu/2019/01/14/ethical-concerns-of-
dna-databases-used-for-crime-control/
• https://www.sciencedirect.com/topics/medicine-and-dentistry/dna-database
• https://www.sciencedirect.com/science/article/pii/S2090536X14000239

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AGENDA 2:
Intellectual Property and Artificial
Intelligence: Addressing the legal and
ethical implications of Al-generated
content, patenting Al innovations, and
ensuring fair use.
INTRODUCTION
Artificial Intelligence (AI) has changed the world forever and has impacted almost
everything in our lives. The rapid growth of AI has led to the use of AI to generate
content, invent new technologies, create apps, and even create art which has
brought about complex issues, especially in the world of intellectual property (IP),
and has raised the question of who owns these creations. Traditional IP laws in
place today do not address the uniqueness of Al-generated content because they
were not designed to address them in the first place. Our interpretation of these
laws to answer the question of who owns these creations becomes more and more
unclear and leads to legal and ethical dilemmas.

DEFINITION OF KEY TERMS

• Al-generated Content: Creative works, inventions, or data outputs produced
by Al systems with minimal or no human intervention.
• Intellectual Property (IP): Creations of the mind, such as inventions; literary
and artistic works; designs; and symbols, names, and images that are
protected by legal property rights such as patents, copyrights, etc.
• Fair Use: A legal doctrine that allows limited use of copyright material
without having to first get permission from the copyright holder.

GENERAL OVERVIEW
The biggest challenge globally is to govern and determine who owns Al-generated
content. As Al-generated creations that compete with human creativity increase, the

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uncertainty of these creations’ rights poses a big threat to the current IP regulatory
frameworks and existing legal structures.
And patenting Al innovations adds to the complexity of the issue.
Traditional patent laws were not designed with the ambiguity of Al creations in
mind as only human inventions were the norm back then and the application of these
frameworks to Al-driven innovations questions the criteria for innovation and
originality required to own these creations.
Another issue with Al-generated inventions is fair use. Fair use is important as it
provides a level playing field for all individuals and organizations using Al-
generated content and builds trust and credibility which is much needed in this Al-
generated innovations world. On the other hand, fair use in the age of Al requires
rethinking existing copyright laws and implementing new measures that balance
innovation with creators’ rights. Which even involves working with those who don’t
believe in using Al to generate such content which is largely due to the legal and
ethical implications of Al-generated content and innovations like ownership, data
privacy, defamation and misinformation, algorithmic bias from dealing with current
data with such biases present, liability over the decisions made by Al as it becomes
more autonomous and probably the most worrying of all- job displacement.
So as you can see international cooperation is key to addressing these issues. As Al's
creations go across borders, a global approach is needed to address these legal
and ethical implications. This requires the united and collaborative effort of
governments of the world, tech companies, legal experts, and civil society to ensure
that the policies created promote innovation while protecting the rights of all parties
involved.

TIMELINE OF MAJOR EVENTS

• 1997: IBM’s Deep Blue defeats world chess champion Garry Kasparov, Al
beats human. This is the first time Al beats the smartest human at that time, in
effect Al beats humanity and this raises questions about Al replacing human
minds and the ethical implications of Al systems.
• 2000s: Al is used in creative industries like music and art. This raises questions
about authorship and copyrights and the legal framework surrounding this
was underdeveloped. At the same time, the globalization of Al innovations
leads to increased patent filings in Europe, Japan, China, and other regions.
• 2018: EU introduces General Data Protection Regulation or GDPR which
states that individuals have the right to “meaningful information about the
logic involved” in AI decision-making that affects them, in effect organizations
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 must provide a clear understanding of how AI systems arrive at a certain
decision.
• 2019: World Intellectual Property Organisation (WIPO) launches initiatives
to study the impact of AI on IP laws.
• 2020: DABUS AI applications are rejected as an inventor for “Food container
and devices and methods for attracting enhanced attention” by US, UK, and
European patent offices on the ground that the inventor DABUS is not human.
In the same year.
• 2021: South Africa grants patents listing DABUS AI as the inventor and
sparks more debate on AI and patent law.
• 2024: EU AI Act comes into force and will be effective from August 2026
which aims to regulate AI by ensuring legal, ethical, and safety barriers are
not breached, especially in high-risk applications.

KEY ISSUES
• Who owns AI-generated content? The developer of the AI, the AI itself, or the
person who inputs the prompts? Existing copyright laws do not provide a
clear answer to this question.
• Patenting AI can be tricky because many AI concepts are abstract. There are
questions about whether AI-generated inventions meet the novelty, non-
obviousness, and utility requirements for patentability.
• AI models can be biased if the data they are trained on is biased. This means
discriminatory or harmful content will be generated.
• Job Displacement: The speed at which AI can generate content as well as its
economic efficiency poses a threat to jobs in industries where humans are
relied upon for generating content.
• Lack of Accountability: As AI gets more autonomous, it will be hard to hold
people accountable for their actions.
• AI-Generated Content: The fair use doctrine allows for limited use of
copyrighted material without permission. But what are the boundaries of fair
use in this case?
• AI-Generated Parodies and Satires: AI can create parodies and satires of
copyrighted works. How do we determine if they are fair use?

MAJOR PARTIES INVOLVED

• National Governments: Set and enforce IP laws, and adapt to the AI
challenge. Governments also play a role in international IP coordination.

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 • International Organizations: WIPO and WTO are central to global IP policy
and international standards.
• AI Developers and Tech Companies: Creating AI systems and impacted by IP
laws on AI-generated content and innovation.
• Creators and Rights Holders: Individuals and organizations that create and
hold IP rights are impacted by how AI-generated content is treated in law.
• Lawyers and Academics: Provide analysis and insights on the AI/IP
intersection, and influence policy and public debate.

PREVIOUSLY ATTEMPTED SOLUTIONS

• GDPR: While primarily about data protection, GDPR has some provisions that
touch on AI-related topics like the right to be informed about automated
decision-making and the right to rectification.
• Montreal Declaration for Responsible AI Development: This declaration has
principles for responsible AI development, human well-being, inclusivity, and
fairness.
• IP Law Amendments: Many countries are amending their IP laws to include AI-
generated content, but approaches vary widely.
• Case Law: Courts are still figuring out the patentability of AI-related
inventions. Cases like Alice Corp. v. CLS Bank International (2014) have given
guidance on the patentability of abstract ideas including some AI concepts.
• California Consumer Privacy Act (CCPA): Like GDPR, CCPA has provisions
around decision-making and the right to know what personal information is
collected and used.

POTENTIAL SOLUTIONS
• International Coordination: Having international standards and guidelines for
AI can bring consistency and global best practices.
• Risk Assessment: The introduction of policies that will require developers to
conduct risk assessments before the deployment of AI systems which ensures
the safety and transparency of applications in the long run.
• Global AI Standards: Create standards that address AI-specific challenges so
we can have consistency and fairness across borders.
• Revisit Fair Use: Update the fair use doctrine to reflect the world of AI and
balance creator rights with AI development needs.

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 • AI Ethics Committees: Establishing independent committees to guide ethical AI
development and deployment.
• Public Participation: Encouraging public participation in the development and
regulation of AI.

POTENTIAL DEBATE TOPICS

• Should AI content be copyrightable and if so who owns the rights?
• What are the criteria for patenting AI inventions?
• How does fair use apply to AI content? Should there be exceptions?
• How do we address bias in AI content, especially in hiring
• Job Displacement: What are the ethics of AI job displacement? How do we
mitigate the damage?

BIBLIOGRAPHY
• https://www.federalregister.gov/d/2023-05321/p-24
• https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1055.pdf
• https://commission.europa.eu/news/ai-act-enters-force-2024-08-
01_en#:~:text=The%20Act%20aims%20to%20foster,%2C%20safety%2C
%20and%20fundamental%20rights.
• https://gdpr-info.eu/art-22-gdpr/
• DABUS. (2024, August 7). In Wikipedia.
https://en.wikipedia.org/wiki/DABUS

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