Contribution, 2023

Generative AI and intellectual property in questions

Summary

Contribution in honour of Professor Marie-Christine Janssens, written as questions and short answers on the intellectual property issues raised by generative artificial intelligence. The first part deals with training data: copyright, related rights, the sui generis database right, contractual terms and trade marks, and the text and data mining exception of Directive 2019/790, including the right holders’ opt-out. The second part asks whether AI-generated output can be protected by copyright, related rights, database rights, patents, designs, trade marks or contract. It finds, for example, that a sign created entirely by an AI system may be registered as a trade mark, while the position for designs awaits a decision of the courts or the legislator.

Related expertise

  • Legal adviceThe legal landscape keeps evolving, and contracts are not always easy to interpret. We advise on IP strategy, data protection, the AI Act, e-commerce and digital services rules, and on the scope of your contracts, both for compliance and for strategic decisions.

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