Navigating the Intellectual Property Landscape in the Age of Artificial Intelligence: Towards a Global Legal Paradigm

Abstract

The rapid advancement of Artificial Intelligence (AI) is challenging the traditional Intellectual Property (IP) frameworks that were designed under the assumption of human-centric creativity and innovation. This research paper delves into the complexities at the intersection of AI and IP law, examining how AI as a creator and inventor is reshaping notions of authorship, ownership, and inventorship. The study identifies specific conflicts arising from AI-generated content, explores global responses to these challenges, and proposes the development of a harmonized legal framework to address the unique issues presented by AI.

Key aspects include the debate over who should hold IP rights for AI-generated works - AI developers, users, or no one. And the transformative role of AI in IP management and enforcement. The paper analyzes landmark cases such as DABUS and Thaler v. U.S. Copyright Office, which highlight the divergent international perspectives on AI's role in IP. It underscores the urgency for international cooperation to establish consistent protection, avoid legal disputes, and promote fair competition and innovation. Furthermore, the paper emphasizes the importance of ethical and human rights considerations in adapting IP laws to AI, advocating for a balance between open access and proprietary rights, and ensuring fairness in IP protection. Recommendations include crafting AI-specific IP rules, enhancing global collaboration, promoting transparency and fairness in AI applications, and encouraging human-AI partnerships.

In conclusion, the paper calls for ongoing research and dialogue to develop a global legal framework that accommodates AI-driven innovation while maintaining fairness and equity, ensuring that IP laws continue to foster creativity in the AI era.