Speakers:
Dr. Francesca Mazzi (Brunel University of London, visiting researcher at ILEO)
Dr. Marta Cernadas Lázare (Universidade da Coruña, visiting researcher at  ILEO)
Chair: Prof. Christophe Geiger (Director of ILEO, Luiss Guido Carli)

Date and Time: June 19th, 2025, 10:00 – 12:00 h.
Aula 101 – Viale Pola
https://luiss.webex.com/luiss/j.php?MTID=mc69443b450ed117df1846155f498fdf1

Please register and confirm your attendance at ileo@luiss.it (mandatory for externals to enter the Luiss Premises)

Abstracts:
Patents and AI-generated Inventions: A SDGs-Based Assessment of Utilitarian Justifications
Francesca Mazzi

Does Artificial Intelligence (AI) challenge the core of patent law? The foundations of patent law seem to be tested by the emergence of non-human agents (non-human inventors?) in the inventive process. Patent systems have been justified through utilitarian theories more than human-centric philosophies, but still premised on the notion that individuals deserve rights in exchange for their intellectual contributions. However, if/when algorithmic agents autonomously generate potentially patentable inventions, part of these rationales might prove outdated. This analysis follows a threefold approach. First, it considers justification theories and contextualises them using the United Nations Sustainable Development Goals (SDGs) as guiding principles, particularly goals on innovation, equity, and public benefit. Second, it assesses the evolving treatment of AI-generated inventions, focusing on IP offices’ guidelines, DABUS and relevant courts’ decisions, to examine whether current patent justifications remain coherent when inventive dynamics include not only human beings, but machines lacking intent or moral agency, still capable of delivering valuable outputs. Finally, it looks at the normative and policy implications of AI-generated inventions, offering a critical evaluation of existing and proposed approaches in light of the justification theories, and within the broader framework of the SDGs.

Sustainability and Trade marks: Reassessing the Social Role of Trademark Law
Marta Cernadas Lázare

In a context where legislative policies increasingly prioritize sustainability and ethics, trade mark law remains a robust yet largely impermeable system in the face of today’s social challenges. This research offers a critical review of the role of trade marks in society –not merely as market identifiers but as potential tools for promoting social, environmental, and cultural values. Through an analysis of trade mark protection –and its functions, such as indicating origin, guaranteeing the quality of a product or service, and those of communication, investment or advertising– as well as relevant EU trade mark decisions, the presentation focuses on how its current configuration can hinder goals like environmental protection. The strengthening of the trade mark protection, without proper checks on its boundaries, has led to an imbalance when compared to other areas of intellectual property –such as industrial design– where limitations (e.g., the repair clause in design law) are in place to accommodate sustainability-related interests. In contrast, trade mark law lacks comparable sustainability-aligned mechanisms. In response, this research aims to explore alternatives that reaffirm it is possible the use of trade marks as social instruments, including certification and guarantee marks, and to invite a reconsideration of trade mark law as an active contributor to building a sustainable economy.


About the Speakers:
Francesca Mazzi is lecturer in artificial intelligence (AI), innovation and the law at Brunel University of London (UK), where she is also the Director of the Postgraduate Certificate in Intellectual property Law Programme. She is an expert in computer and communication law, with a focus on intellectual property, emerging technologies, and sustainability. Her current research project focuses on IP and SDGs: evaluating the sustainability aspect as a purpose.

Marta Cernadas-Lázare is assistant professor at Universidade da Coruña (Spain). Her current research explores the intersections of trade mark law, technological innovation, and social responsibility. In particular, it focuses on how trade marks can play a pivotal role in promoting responsible and sustainable market practices.