How AI is Changing Intellectual Property Sphere
4th July 2023 by Tiff Elmer
The rapid advances in artificial intelligence (AI) in recent years have left many business owners, entrepreneurs, start-ups, and designers wondering about the impact of AI on Intellectual Property (IP). Will AI change the way we create, manage, and protect IP? Will AI-generated creations be protected by IP laws? These and many more questions are being raised as we delve deeper into the era of AI.
AI and Invention Ownership
AI has the potential to create inventions and discoveries, which raises the question of who owns the rights to these creations. In the UK, the current rule is that the inventor, who is a natural person, owns the rights to any invention they create. However, if an AI system creates an invention, who owns the rights to it? The law is yet to provide a clear answer to this question, which creates uncertainty for businesses and inventors. It is essential to monitor any legal developments and seek expert advice to avoid disputes.
AI and Copyright
AI is also changing how copyrights work. Copyright usually protects original works that are the result of human creativity, such as art, music, literature, and software. However, AI systems can also create artworks, music, stories, and other copyrightable works. In such cases, the question of who owns the copyrights arises. In most cases, the owner of the AI system will probably own the rights to the creations, but the law is not yet clear on this matter.
AI and Trade Marks
AI is also changing how trade marks are created and used. Trade marks are distinctive signs that differentiate one business from another, such as names, logos, symbols and slogans. AI can help create new trade marks and monitor existing ones. However, legal challenges arise when AI-generated trade marks infringe on pre-existing trade marks. For instance, a recent US case involved an AI-generated trade mark that closely resembled an existing one, leading to legal disputes. Therefore, businesses must monitor their trade marks and seek expert advice to avoid disputes.
AI and Trade Secrets
AI is also changing how trade secrets are created and managed. Trade secrets are confidential information that businesses use to gain a competitive advantage, such as formulas, designs, algorithms, and customer lists. AI can help businesses create and manage trade secrets better by identifying potential breaches and analysing risks. However, AI systems can also become a source of trade secret breaches if they are hacked or compromised. Businesses must therefore ensure that their AI systems are secure and protected.
AI and Patent Search
AI is changing how patent searches are conducted. Patent searches are essential to avoid infringement and check the novelty of inventions. AI-powered patent search tools can analyse vast amounts of data, detect patterns, and provide valuable insights. This saves time and costs for businesses that need to conduct patent searches. However, AI is not yet perfect, and false positives can occur, leading to erroneous conclusions. Businesses must still verify the results of AI-powered patent searches to avoid costly mistakes.
Conclusion
AI is changing the intellectual property sphere in the UK, and businesses must stay informed and seek expert advice to navigate these changes effectively. While AI offers numerous benefits, it also presents some legal challenges that need to be addressed. Therefore, you must monitor legal developments, seek expert advice, and implement best practices to protect your intellectual property rights and avoid legal disputes. With the right strategy and approach, AI can be a valuable tool for creating, managing, and protecting intellectual property in the UK.
If you require any further information or would like to discuss any of the above further, then please contact Tiff Elmer at t.elmer@laceyssolicitors.co.uk or on 01202 377 814
Tiff Elmer
Solicitor — Corporate and Commercial
Direct dial: 01202 377814
Tiff joined Laceys in July 2021 as a paralegal and qualified as a Solicitor in 2023 deciding to specialise in Corporate and Commercial law. Tiff has relocated back home to Bournemouth after living in Bristol for four years where she completed her LPC at the University of Law, and worked in a large commercial law firm as a trade mark paralegal. Before moving to Bristol, Tiff completed her Law LLB Hons degree at Southampton Solent University in 2016 graduating with a 1st.
Tiff has particular experience in intellectual property law and assists her team to advise a range of businesses in various sectors in relation to intellectual property matters and commercial contracts, and is enjoying expanding her knowledge and skills within the commercial field.
Outside of work Tiff enjoys being outdoors by going for long runs, hikes and paddle boarding around the beautiful South Coast with family and friends.
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