This article advocates for a harmonized approach that balances the promotion of innovation and the inevitable use of technology.
As artificial intelligence (AI) technologies advance, their integration into creative and inventive processes raises critical questions regarding the intellectual property (IP) framework. In this article for Competition Policy International’s TechREG Chronicle, Kirti Gupta summarizes the evolving dynamics between AI and IP, focusing on the patentability of AI-assisted inventions, copyrightability of AI-generated works, and potential copyright infringement of content for training AI models and by AI generated outputs.
Traditional IP laws, designed to protect human inventors and creators, face challenges as AI systems increasingly contribute to innovation and creativity. This article paper examines recent legal rulings, such as those by the United States Patent and Trademark Office and the U.S. Copyright Office, highlighting the ongoing debates over AI as an inventor or creator. Furthermore, it discusses the implications of copyright infringement lawsuits and data licensing activity, emphasizing the need for clarity in IP rights and responsibilities. Through a comprehensive overview of these issues, this article advocates for a harmonized approach that balances the promotion of innovation and the inevitable use of technology in inventive process of invention and creation, with the protection of original creators’ rights, and identifying key issues to pay attention to, as the landscape of AI and IP evolves.
The article was originally published by Competition Policy International’s TechREG Chronicle in September 2024.
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