Artificial intelligence is rapidly becoming central to areas such as public health, education, agriculture, and climate resilience. In this context, the role of the State is coming into sharper focus, particularly in how governments can shape innovation to serve broad social goals. Intellectual property frameworks, often seen as tools for exclusivity, are being repurposed to support inclusive access and public benefit.

This special episode of Intangiblia was recorded as part of my participation in the workshop “The Role of the State in Advancing Equitable Access to AI,” taking place in Oxford in September 2025. Organized by Sumaya Nur Adan and Joanna Wiaterek, and supported by the Future of Life Institute, the event brings together legal scholars, policymakers, and technologists to examine how States can ensure that the benefits of AI are equitably shared.

The episode explores five legal and policy mechanisms that are already influencing how AI is governed through intellectual property. It discusses Canada’s ongoing efforts to map and license Crown-owned patents under a broader national strategy. It examines Singapore’s copyright reforms, which have introduced clear legal exceptions to support AI model training. The conversation also includes examples of culturally aware AI development, such as the open-source Falcon model in the UAE and community-led Indigenous data initiatives in New Zealand. It looks at how public interest licensing and voluntary IP pools are evolving in fields beyond health, and how state-led initiatives, such as public procurement and open research mandates, are being used to align technological development with social needs.

The episode also reviews recent legal rulings in the United States that have tested the limits of fair use in AI training. These include the 2024 decision involving OpenAI, the 2025 dismissal of claims against Meta, and the Bartz v. Anthropic case presided over by Judge Alsup, which underscored the difference between statistical pattern recognition and direct reproduction of copyrighted works.

Rather than focusing solely on restrictions or incentives, the discussion emphasizes how IP law can serve as a strategic governance tool. By adapting legal frameworks to current challenges, States can guide AI innovation toward inclusive outcomes and help ensure that technological advancement remains aligned with the public good.

The Afterlife of Innovation: Can IP Outlive the Business That Created It? – Intangiblia™

A company can vanish from your pocket and still show up in court and that is not a metaphor. We take a hard look at the afterlife of innovation and the real business question behind it: can intellectual property outlive the company that created it, and if so, what legal structures make that possible?We trace six vivid case studies that turn “failed products” into ongoing value. BlackBerry shows how patent monetization and portfolio restructuring can create immediate liquidity while keeping a long royalty tail and upside participation. Nokia shows what happens when IP moves from consumer devices into network infrastructure, where standards essential patents and FRAND commitments can produce durable, recurring IP licensing revenue. Ericsson takes the same idea and makes it operational, using deals that shift ownership to specialist entities while retaining tiered revenue shares, aligning incentives and keeping the program disciplined.Then the tone gets sharper: Nortel reveals how bankruptcy restructuring can turn patents into the centerpiece of an estate, driving auctions and creditor recovery. Kodak demonstrates how timing, litigation risk, title clarity, and negotiation pressure can reshape patent portfolio valuation, even when the underlying innovation is strong. Technicolor closes the loop with a deal engineered like a financial instrument: cash up front, future revenue participation, and a license back to keep operating.If your business changed tomorrow, would your intellectual property still be creating value? Subscribe, share this with your team, and leave a review with the one IP strategy you want us to unpack next.Send us Fan MailCheck out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.

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