Techquake
Creative differences – Intellectual property law and AI
Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection to AI and ML systems.
The enormous investment being made into machine learning and AI means that investors expect protectable returns. Equally, inventors and creators expect to be able to control how the products of their efforts are used by others. These protections are generally provided by the intellectual property system. However, the unique nature of AI means that the system may need adaptation to provide the protection that is beginning to be sought.
From the use of copyright-protected material to train AI systems, to questions about how to protect the valuable assets made by AI or via ML, to concerns about who is liable when AI or ML systems copy others’ work or infringe a patent, jurisdictions worldwide are grappling with the balance to be struck between the benefits AI and ML can bring and the rights of inventors, content creators and consumers.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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