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Artificial Intelligence and Intellectual Property Rights
By Bárbara Díaz Alaminos
Abstract
ARTIFICIAL INTELLIGENCE AND THE LAW – Artificial intelligence (“AI”) has contributed to
the manufacturing of robots capable of producing patentable inventions and copyrightable
works, such as original paintings, stories or music. The legal system is not defined to confront
problems arising with the rapid growth of artificial intelligence (“AI”). Simple questions, like who
is the author of a painting, can be extremely complex when AI is involved.
AI AND INTELLECTUAL PROPERTY - Creating new AI technology can require a significant
investment. Intellectual Property (“IP”) is relevant for the development of AI technology in that
it aims, amongst others, to compensate innovators for their investment, creativity and
inventiveness by granting rights such as patents or copyrights.
Patents and copyrights are granted to inventors or artists based on requirements such as being
creative or innovative.
COPYRIGHTS - The concept of creativity is crucial to copyright protection. Copyrights protect
and stimulate the creativity behind the authors work. To qualify for copyright protection, a work
must be creative and original.
PATENTS - The concepts of innovation and innovative step are, as creativity to copyrights,
crucial to patents. A patent will be granted when an invention involves and inventive step.
NON-HUMAN WORKS AND INVENTIONS - The current legal definitions of creativity and
innovation do not seem to take into consideration non-human innovation.
Therefore – IN A WORLD OF AI, WHAT HAPPENS TO IP?
During this presentation, on Artificial Intelligence and Intellectual Property rights, we will look
into some of the QUESTIONS RAISED WITHIN INTELLECTUAL PROPERTY LAW AND AI,
starting by the definition of AI and an overview of the legal issues within AI.