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16 - Intellectual Property Law and AI

from Part II - Property

Published online by Cambridge University Press:  21 March 2024

By
Anke Moerland
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

The protection of AI-assisted and AI-generated works causes problems for existing intellectual property law. However, it is doubtful whether the purposes of patent law would be served by granting patents for AI-generated inventions. Further, AI systems are unable to make the creative choices to bring their outputs into the realm of copyright protection. However, with AI-assisted outputs, there may still be sufficient creative choices by the programmer or user to bring the output into the domain of IP protection. AI fundamentally challenges the anthropocentric copyright regime. AI technologies will require us to rethink fundamental concepts within IP law, including, for instance, the standard of obviousness applied within patent law.

Keywords

Patent lawcopyrightAI inventionsAI-assisted worksAI-generated works
Type
Chapter
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The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 362 - 383
Publisher: Cambridge University Press
Print publication year: 2024

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