Techno-Economic Governance in the 21st Century: Converging Models for WIPO and the WTO?

Abstract

The economic and societal impact of Artificial Intelligence (AI) and the consequent race for AI dominance undertaken by several countries around the globe has led to discussions and negotiations on its regulation at the international level. This article focuses on AI-related activities and initiatives at the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). Given its characteristics and relevance for the economy and society as a whole, AI offers a vantage point to explore the governance models adopted by international organisations. As such, although several international organisations are currently addressing AI, the article will focus mainly on two of them, WIPO and the WTO, as these are the two organisations largely responsible for dealing with questions connected to AI-related innovation, creativity and appropriability (under intellectual property (IP) law and policy) as well as circulation and diffusion (under trade rules concerning AI and data). The article shows that despite historically different governance models, with WIPO featuring open discussions with Members, stakeholders, and civil society, and the WTO relying on a rather State-centred/inter-governmental approach, development at both organisations has led to some convergence. Indeed, comparable activities and initiatives have been launched at both WIPO and the WTO. In any case, given the relevance of, and the link between, IP and trade rules for the development of AI systems (as these systems rely on data that is often traded internationally and, concurrently, produce data when they carry out their tasks), the article argues that only a highly-integrated approach based on strict coordination between these organisations can result in an effective international regulatory framework tackling the most pressing challenges of AI.