In continuing the three-part series on AI’s influence on intellectual property, the first part discussed the complexities of copyrighting AI-generated content, noting the challenges of traditional laws in ownership. The second section will explore AI’s impact on trade secrets and trademarks in the EU and US legal frameworks.
The European Union (EU) has reached a historic provisional agreement in 2023 on the world’s first comprehensive set of rules to regulate AI, which will become law, once adopted by the EU Parliament and Council. The legislation, known as the AI Act, sets a new global benchmark for countries seeking to harness the potential benefits of AI, while trying to protect against possible risks of using it. While much of the attention was given to parts such as biometric categorisation and national security, among others, the AI Act will also give new guidance on AI and copyright.
The AI Act’s approach regarding Copyright and Transparency in AI takes a nuanced stance, requiring transparency regarding training data without demanding exhaustive lists of copyrighted works. Instead, a summary of data collections suffices, easing the burden on AI providers. Nonetheless, uncertainties persist about the foundation model of providers’ obligations under copyright laws. While the AI Act stresses compliance with the existing regulations, including those in the Digital Single Market Directive, it yet raises concerns about applying EU rules to models globally, potentially fostering regulatory ambiguity for developers.
In one of the previous blogs, the Digital Watch Observatory elucidated the relationship between AI-generated content and copyright. The analysis showed how traditional laws struggle to address AI-generated content, raising questions of ownership and authorship. Various global approaches – denying AI copyright, attributing it to humans – highlight the complexity.
This part will delve into the influence of AI on Intellectual Property Rights, and will assess the ramifications of AI on trade secrets and trademarks focusing on examples from the EU and US legal frameworks.
