Intellectual property as a tool to promote transparency and prevent algorithmic discrimination

This article analyzes some of the main legislative and public policies challenges for the intellectual property system in the face of the Fourth Industrial Revolution. It also proposes alternatives that can be integrated into intellectual property legislation and policies to serve as a tool for the promotion of sustainable and responsible innovations consistent with the current technological scenario, which, in turn, contribute to the promotion of transparency and the prevention of algorithmic discrimination. In that sense, firstly, alternatives are offered to make more flexible or guarantee access to more and better data to obtain better developments; and, secondly, measures that can promote or guarantee algorithmic transparency, explainability and auditability of systems by giving access to certain authorities to prevent, explain or mitigate discriminatory biases.