Canadian partner Kevin Shipley talks about data, AI and IP, and his new AIPPI committee role

1. Congratulations on your new committee Chair role with AIPPI. What motivated you to join the Commercialization of Data and Intellectual Property committee?

 Thanks.  Data, and how to protect and commercialize data is an increasingly important consideration for many businesses – especially those utilizing AI or looking to gain insights from processing and analyzing data.  However, in many countries, including Canada, data and databases can be challenging to protect and leverage using traditional forms of IP protection.  For example, raw or structured data is typically not patentable, and is not suitable for trademark protection either.  

Copyright can offer some protection, but often such protection is more limited than a business might like. Keeping data secret or in a “black box” can provide some protection from competitors but is often not practical in many commercial transactions.  This is an interesting and evolving area of IP strategy and protection, and participating on this new AIPPI committee will allow me to connect with experts from multiple jurisdictions regarding the challenges and best practices in this area – which will ultimately be a benefit to our clients served in Canada. 

2. What will the committee focus on? Are there any projects the committee is working on currently, or have coming up, that you are most excited about? 

Good question.  This committee is brand new, with its first official meeting being held at the 2025 AIPPI Congress in Yokohama. So, while I know the committee will generally be focusing on the protection and use of data, the exact details of our first project are still to be decided. 

 Historically, the work of AIPPI committees of this nature has included projects like preparing and delivering webinars and training sessions regarding a topic of interest, developing a white paper, conducting comparative surveys and summaries of the legal practices in different jurisdictions. I expect our committee will also conduct this type of work – but I’m also open to suggestions if anyone is aware of a hot topic in this field. 

 3. The AIPPI World Congress conference is taking place in September in Yokohama, Japan. What are you looking forward to for the conference? 

The AIPPI Congress is the highlight of the AIPPI year and is one of the only face-to-face events in the international calendar.  It is a place to showcase all of the hard work that has been done in the past few months, including the national submissions on this year’s working questions, to discuss policy best practices and areas for further IP harmonization and to re-connect with colleagues and friends from different countries. It is also a forum where the business of AIPPI itself is conducted, and I will be attending some working meetings as part of the Commercialization of Data committee and as Canada’s representative on the AIPPI Membership Committee.  

While virtual meeting options are getting better, there is still something special about being in the same place – at the same time – as hundreds of the worlds best IP practitioners and I usually return to my practice more energized and inspired after events like this (despite the jet lag). Being able to visit a beautiful location doesn’t hurt either (although I will mostly be seeing the inside of airport, hotel and conference centre). 

Members from our global Marks & Clerk patents and designs teams will be attending the AIPPI World Congress 2025 in Yokohama, Japan from 13–16 September. To see who's going, and connect, click here.

“Data, and how to protect and commercialize data is an increasingly important consideration for many businesses – especially those utilizing AI or looking to gain insights from processing and analyzing data. In many countries, including Canada, data and databases can be challenging to protect and leverage using traditional forms of IP protection.”