Customs surveillance of intellectual property is an efficient way to quickly and effectively provide legal protection to the right-holder, as it allows to nip the infringements in the bud. Technology has drastically changed the means and mechanisms of customs enforcement, as it increases the possibilities of identifying and detaining goods infringing IPRs, and makes it more feasible to assess in advance where control is required.

However, assessing in advance and acting when appropriate does not always match well with fundamental intellectual property principles (territoriality), global trade norms (freedom of transit), global intellectual property rules, and due process requirements.

This chapter explores some of the challenges and opportunities brought by AI, big data and distributed ledger technologies to customs enforcement of IPRs. It looks at AI’s transformative influence on IP enforcement and the digitization and use of big data in customs control.

Artificial intelligence is an emerging topic in intellectual property protection. The chapter starts by useful definitions of big data and AI and explores some of the work done on AI and big data in the WTO and in particular under the Agreement on Trade-Related Intellectual Property Rights (TRIPS). The chapter then asks what needs to be done to adapt IP law to meet the challenge of big data and AI, by looking at distinct provisions of TRIPS.