SSRN Id4494640

Intellectual Property Implications of
Artificial Intelligence and Ownership of AI-

Generated Works
By:
Ashraf Tarek
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Electronic copy available at: https://ssrn.com/abstract=4494640

Acknowledgements
I would like to express my sincerest appreciation to everyone who supported and helped complete
this research paper. Throughout this research voyage, I am overwhelmingly grateful to my mentor
for her guidance, expertise, and unwavering support. This work's direction and quality have been
significantly influenced by their invaluable insights, constructive criticism, and encouragement.
How long did it take?
About a few months
But it was worth it.
I genuinely believe i have perfected it to the best of my Abilities.
Benevolent in Scientific research
And i finally Have it published.
I am grateful to my colleagues and friends for their support and encouragement throughout the
duration of this research endeavour. Their insightful discussions, constructive criticism, and moral
support have been indispensable in refining my ideas and sustaining my motivation.
Finally, I would like to express my sincerest gratitude to my family for their unwavering love,
support, and encouragement. Their unwavering confidence in my abilities and unwavering support
have been the driving factor behind the successful completion of this research.
Despite the impossibility of naming everyone who has contributed to this research paper, I am
sincerely grateful to everyone who has played a role in shaping and supporting this work, no matter
how minor.
I Appreciate Your Invaluable Contributions.
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Abstract:
This dissertation explores the complex and evolving relationship between artificial intelligence (AI)
and intellectual property (IP) law, specifically focusing on the ownership of the products created
through AI. With the rapid advancements in AI technology, machines are increasingly capable of
autonomously generating creative works, raising novel legal challenges. This study examines the
existing legal frameworks, evaluates the adequacy of current IP laws, and proposes potential
solutions to address the intellectual property implications of AI-generated works.
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Table of Contents
Acknowledgements ............................................................................................................. 2
Abstract: ............................................................................................................................... 3
Research Methodology: ....................................................................................................... 8
Ethical Considerations: ................................................................................................... 9
Constraints: ...................................................................................................................... 9
Research Questions ............................................................................................................ 10
Research Significance......................................................................................................... 10
Objectives of the Study ....................................................................................................... 11
Chapter 1: Introduction ...................................................................................................... 12
1.1: Background and significance of AI in creative works ............................................. 12
Chapter 2: Overview of Artificial Intelligence and its Capabilities .................................... 14
2.1 Artificial Intelligence (AI) ......................................................................................... 15
2.2 fundamental components of Artificial Intelligence (AI) .......................................... 15
2.3 various methodologies employed in the field of Artificial Intelligence (AI) ............ 15
2.4 The capabilities and potential of artificial intelligence are a topic of interest in
academic discourse. ........................................................................................................ 18
Chapter 3: Intellectual Property and its Relevance to AI ................................................... 19
3.1 categories of intellectual property rights .................................................................. 22
3.2 AI-generated works and the associated copyright implications. ............................ 24
3.3 ownership and attribution of works generated by artificial intelligence. ................ 25
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3.4 patentability as it pertains to innovations and inventions in the field of artificial
intelligence. .................................................................................................................... 26
3.5 The convergence of trademarks and artificial intelligence (AI). ............................. 28
3.6 Ramifications of AI concerning trade secrets.......................................................... 29
3.7 The ethical and policy implications that pertain to the intersection of intellectual
property (IP) and artificial intelligence (AI). ................................................................. 31
Chapter 4: Copyright Protection for AI-Generated Works................................................ 34
4.1 The copyrightability of works generated by artificial intelligence. ......................... 35
4.2 Ownership and rights in works that are generated by artificial intelligence. ......... 37
4.3 the complexities surrounding copyright infringement and liability pertaining to
works generated by artificial intelligence. ..................................................................... 39
4.4 The utilisation of fair use and transformative works principles concerning AI-
generated content. .......................................................................................................... 41
4.5 prospective avenues and policy implications for safeguarding copyright of works
generated by artificial intelligence. ............................................................................... 42
4.6 Examination of Significant Judicial Cases and Legal Precedents .......................... 45
4.7: Discourse Pertaining to the Suitability of Artificial Intelligence Systems for
Copyright Safeguarding. ................................................................................................ 48
Chapter 5: Patentability and Inventorship in AI-Related Inventions ............................... 53
5.1 The patentability of inventions related to artificial intelligence (AI) is a topic of
interest in the field of intellectual property. .................................................................. 53
5.2 analysis of the notion of non-obviousness ............................................................... 55
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5.3 dynamic concept of inventorship as it pertains to inventions generated by artificial
intelligence. .................................................................................................................... 58
5.4 The obstacles and factors that require careful attention when seeking to patent
inventions related to artificial intelligence. ................................................................... 60
5.5: Examination of the legal and policy viewpoints pertaining to the patentability and
inventorship of AI-related inventions. ........................................................................... 62
Chapter 6: Trademark and Trade Secret Implications of AI ............................................ 65
6.1 Analysis of the ramifications of marks generated by artificial intelligence on the legal
framework of trademark law. ......................................................................................... 65
6.2 influence of AI technology on brand management strategies. ................................ 68
6.2.1 Enhanced Customer Insights and Personalization............................................................ 69
6.2.2 Improved Customer Service and Communication ............................................................ 70
6.2.3 Predictive Analysis and Forecasting .................................................................................... 71
6.2.4 Content Creation and Curation ............................................................................................ 71
6.2.5 Ethical Considerations and Brand Reputation................................................................... 72
6.3 the ramifications of artificial intelligence (AI) on the safeguarding and
administration of trade secrets. ..................................................................................... 74
6.4 The legal and policy implications of AI's influence on trademarks and trade secrets.
........................................................................................................................................ 74
6.4.1 Trademarks and AI ................................................................................................................ 75
6.4.2 Trade Secrets and AI ............................................................................................................. 76
6.4.3 Policy Considerations ............................................................................................................ 78
Chapter 7: Ethical and Policy Considerations .................................................................. 80
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7.1 The ethical implications of artificial intelligence (AI) are a significant concern in
academic discourse. ........................................................................................................ 81
7.1.1 Fairness and Bias: ................................................................................................................... 83
7.1.2 Privacy and Data Protection: ................................................................................................ 88
7.1.3 Transparency and explainability ........................................................................................... 89
7.2 Policy Considerations for AI Governance: ............................................................... 89
7.3 Recommendations for Ethical AI: ........................................................................... 93
7.4 International perspectives on AI and intellectual property ..................................... 98
Chapter 8: Proposed Solutions and Future Directions .................................................... 100
8.1 Possible Legal Revisions and Modifications: ......................................................... 101
8.1.1 Copyright Law ...................................................................................................................... 101
8.1.2 Fair use and Transformative Works .................................................................................. 104
8.1.3 Patent Law ............................................................................................................................. 105
8.2 Collaborative Models of Ownership and Attribution: ............................................ 108
8.2.1 Joint Ownership ................................................................................................................... 112
8.3 Recommendations for Policymakers, Legislators, and Stakeholders: ................... 115
Chapter 9: Conclusion ...................................................................................................... 119
9.1 Summary of Findings and Key Takeaways: ............................................................ 119
9.2 Implications for the Future of AI and Intellectual Property: ................................. 121
9.3 Potential Research Areas: ....................................................................................... 122
Bibliography ..................................................................................................................... 124
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Research Methodology:
This segment presents a synopsis of the research methodology utilised in the dissertation to
examine the convergence of Artificial Intelligence (AI) and intellectual property (IP). The
methodology comprises various components, including the research design, data collection
methods, data analysis techniques, and ethical considerations. The study employs a predominantly
qualitative research design, with the objective of investigating and comprehending the intricate
matters related to artificial intelligence (AI) and intellectual property (IP). The methodology entails
a synthesis of scholarly literature, examination of case studies, and evaluation of legal and policy
frameworks.
The present study undertook an examination of the legal and policy frameworks that are currently
in place at the international, national, and regional levels. The purpose of this analysis was to gain
an understanding of the current landscape and to identify any gaps or potential areas for reform.
The study involved a thorough examination of laws, regulations, guidelines, and reports pertaining
to artificial intelligence (AI) and intellectual property (IP) in order to comprehend the current
provisions and strategies utilised by various jurisdictions.
The process of data collection encompassed the acquisition of information from a variety of
sources in order to furnish a comprehensive comprehension of the subject under investigation.
The sources utilised in this study encompassed a range of academic literature, legal documents,
policy papers, industry reports, and pertinent online resources. The present study did not involve
the collection of primary data through methods such as interviews or surveys.
The data was subjected to thematic analysis and content analysis techniques for the purpose of
analysis. The process of thematic analysis entails the identification of recurrent themes, patterns,
and essential concepts within the data, thereby facilitating the recognition of similarities and
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differences across various sources. The process of content analysis entails a methodical
categorization and scrutiny of the substance of legal and policy papers with the aim of extracting
pertinent details and recognising significant provisions.
Ethical Considerations:
Throughout the research process, ethical considerations were considered. The author adhered to
appropriate citation and referencing protocols in order to maintain the reliability and authenticity
of the utilised sources. All possible conflicts of interest were duly recognised and handled in an
appropriate manner. The study followed ethical protocols, which encompassed the observance of
intellectual property rights and the safeguarding of confidentiality.
Constraints:
It is imperative to recognise the constraints of the utilised research methodology. The lack of
original data gathering methods, such as conducting interviews or administering surveys, could
potentially constrain the comprehensiveness of insights and viewpoints acquired. Furthermore,
the study is impacted by the accessibility and dependability of the data sources utilised.
The research methodology employed in this dissertation utilized a qualitative approach,
combining literature review, case studies, and analysis of legal and policy frameworks. The
objective was to furnish an all-encompassing comprehension of the convergence of artificial
intelligence and intellectual property, delving into theoretical constructs and practical
implementations. The study aimed to augment the current knowledge on artificial intelligence (AI)
and intellectual property (IP) by utilising meticulous data collection and analysis methods. The
research also considered ethical considerations and recognised the constraints of the investigation.
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Research Questions
1. What legal and policy obstacles does the incorporation of artificial intelligence (AI) into
creative works pose?
2. How do different jurisdictions and international perspectives resolve the questions of
authorship, ownership, and legal status of AI-generated works?
3. What potential legal reforms and amendments are necessary to accommodate AI-
generated works within current intellectual property (IP) laws?
4. How can collaborative models of ownership and credit be devised to recognise the
contributions of both human creators and AI systems in AI-generated content?
Research Significance
The research at the intersection of artificial intelligence and intellectual property is crucial for a
number of reasons.
1. Implications for Law and Policy The incorporation of artificial intelligence in creative
works raises complex legal and policy questions concerning authorship, ownership, and
rights protection. Understanding these implications is crucial for developing frameworks
that strike a balance between innovation, creativity, and intellectual property protection.
2. Innovation and Creativity: Artificial intelligence has the potential to revolutionise the
creative industries by producing novel and original content. This research can contribute
to fostering innovation, encouraging the responsible use of AI technologies, and fostering
creativity by investigating the implications of AI on intellectual property.
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3. International Perspectives: Researching international perspectives on AI and intellectual
property can inform global discussions, harmonisation efforts, and the development of
international standards in this field, given the diverse approaches and perspectives across
different jurisdictions.
Objectives of the Study
The following are the research objectives of this dissertation:
1. To examine the legal and policy challenges posed by the incorporation of artificial
intelligence into creative works.
2. Examine international perspectives on AI and intellectual property, including authorship,
ownership, and legal standing of content generated by AI.
3. Propose potential legal reforms and amendments that can accommodate artificial
intelligence-generated works within existing intellectual property laws.
4. To investigate collaborative models of ownership and attribution that acknowledge the
contributions of both human creators and AI systems in AI-generated content.
5. To provide policymakers, legislators, and stakeholders with recommendations for
navigating the changing landscape of AI-generated content and promoting a balanced and
sustainable approach to AI and intellectual property.
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Chapter 1: Introduction
1.1: Background and significance of AI in creative works
Artificial Intelligence (AI) has become a significant catalyst for change in diverse industries,
including the creative sector, in recent times. The utilisation of artificial intelligence methodologies
in domains such as music, visual arts, literature, and film has generated significant attention and
discourse. The objective of this chapter is to furnish a thorough exposition of the historical and
contextual importance of artificial intelligence (AI) in the realm of creative endeavours. It
endeavours to scrutinise the progression of AI in this sphere, its influence on artistic manifestation,
and the ramifications for artists, spectators, and the wider community.
The evolution of artificial intelligence (AI) in creative works can be traced back to several decades
ago. Initial investigations centred on utilising artificial intelligence algorithms to create musical
compositions, generate visual art, and compose poetry. Nevertheless, the potential of artificial
intelligence during that period was constrained, and the outcomes frequently failed to meet the
standards of human ingenuity. The progress of artificial intelligence in emulating and enhancing
human artistic processes has been remarkable due to the advancements in computational power,
machine learning, and deep learning algorithms over time.1
The incorporation of artificial intelligence (AI) into artistic endeavours has created novel
opportunities for artistic expression and cooperative efforts. AI is being increasingly utilised by
artists and creative professionals as a means of augmenting their creative workflows. This
technology enables them to generate innovative concepts, experiment with diverse artistic styles,
and expand the limits of their craft. Artificial intelligence (AI) algorithms possess the capability to
1 Nantheera Anantrasirichai and David Bull, "Artificial Intelligence in the Creative Industries: A Review" (2020)
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scrutinise extensive data sets, detect patterns, and produce distinctive outcomes. This ability
enables artists to gain novel insights and broaden their creative horizons.2
The proliferation of AI in the realm of creative endeavours poses a number of obstacles and ethical
dilemmas, despite the promising prospects it offers. In the context of artistic production, inquiries
pertaining to authorship and creativity become pertinent with the involvement of AI systems. The
complexities surrounding intellectual property rights and copyright enforcement are heightened in
the context of AI-generated works. In addition, the utilisation of AI to imitate or emulate the
techniques of celebrated artists may give rise to ethical quandaries, as it has the potential to
diminish the genuineness and distinctiveness of artistic manifestations.3
The proliferation of AI-generated creative works has engendered discourse regarding the manner
in which audiences receive and are affected by such works. There is a contention that art produced
by artificial intelligence poses a challenge to conventional concepts of human creativity, thereby
compelling us to reassess the function of the artist. AI-generated works are perceived by some as
a tool for promoting accessibility to art and broadening cultural engagement. Moreover, the
influence of artificial intelligence on the inclinations, predilections, and consumption habits of the
audience gives rise to inquiries concerning the probable standardisation or variation of innovative
productions in the forthcoming times.
2 “Artificial Intelligence: How AI Is Changing Art” (Artificial Intelligence: How AI is Changing Art, April 1, 2023)
https://aelaschool.com/en/art/artificial-intelligence-art-changes/.
3 Guglielmo Cerri, “Artificial Intelligence and Art: When Creativity Meets Algorithms” (Medium, May 26, 2023)
https://artificialcorner.com/artificial-intelligence-and-art-when-creativity-meets-algorithms-dd574f6884f4 .
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The incorporation of AI in creative works has significant societal implications that extend beyond
its widespread adoption. The issue at hand pertains to discussions surrounding the displacement
of jobs, as the implementation of AI algorithms has the capacity to automate specific artistic tasks,
thereby potentially impacting the job market for human artists. Furthermore, the production of
content through artificial intelligence has given rise to apprehensions regarding the dissemination
of false information, the creation of deepfakes, and the exploitation of creative works for
malevolent intentions. The challenges posed by AI in the creative domain necessitate societal
engagement in conjunction with the cultivation of an environment that promotes conscientious
and principled AI utilisation.
Chapter 2: Overview of Artificial Intelligence and its Capabilities
Chapter 2 provides an overview of Artificial Intelligence (AI) and its capabilities.
The present chapter offers a comprehensive examination of Artificial Intelligence (AI) and its
potentialities. The material presented in this section provides a basis for comprehending the
essential principles, methodologies, and implementations of artificial intelligence that are pertinent
to the ensuing sections of this thesis. The introductory section of the chapter commences with a
definition of Artificial Intelligence (AI) and underscores its importance across diverse domains.
The text subsequently delves into the fundamental constituents and methodologies of Artificial
Intelligence (AI), encompassing machine learning, neural networks, and natural language
processing. The text ultimately examines the aptitudes and possibilities of artificial intelligence in
addressing intricate issues and fostering advancement.4
4Hannele Niemi, Roy D Pea and Yu Lu, “Introduction to AI in Learning: Designing the Future” (Introduction to AI in
Learning: Designing the Future | SpringerLink, November 27, 2022) https://link.springer.com/chapter/10.1007/978-3-
031-09687-7_1 .
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2.1 Artificial Intelligence (AI)
emphasising its objective of developing intelligent systems capable of executing tasks that
necessitate human-like cognitive abilities. The text examines the importance of Artificial
Intelligence (AI) in revolutionising various sectors, including healthcare, finance, transportation,
and entertainment. The segment additionally considers the ethical and societal ramifications linked
to the emergence of artificial intelligence.5
2.2 fundamental components of Artificial Intelligence (AI)
presenting a thorough examination of the underlying technologies that facilitate the development
of intelligent systems. The article delves into the fundamental aspects of artificial intelligence,
specifically the notions of data, algorithms, and computational capacity. Furthermore, the text
scrutinises the function of sensors, actuators, and feedback mechanisms in facilitating the
interaction of artificial intelligence systems with their surroundings.6
2.3 various methodologies employed in the field of Artificial Intelligence (AI)
Artificial Intelligence (AI) is a multidisciplinary field that employs diverse methodologies to create
intelligent systems capable of executing tasks that conventionally necessitate human intelligence.7
5 Serge-Lopez Wamba-Taguimdje, Samuel Fosso Wamba, Kala Kamdjoug Jean Robert, and Chris Emmanuel
Tchatchouang, "Influence of Artificial Intelligence (AI) on Firm Performance: The Business Value of AI-based
Transformation Projects" (2020)
6Hannele Niemi, Roy D Pea and Yu Lu, “Introduction to AI in Learning: Designing the Future” (Introduction to AI in
Learning: Designing the Future | SpringerLink, November 27, 2022) https://link.springer.com/chapter/10.1007/978-3-
031-09687-7_1 .
7 “What Is Artificial Intelligence (AI) ? | IBM” (What is Artificial Intelligence (AI) ? | IBM)
https://www.ibm.com/topics/artificial-intelligence .
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The following are some of the methodologies that are frequently employed in the field of artificial
intelligence:
Rule-based systems are computer systems that rely on a predetermined set of rules to carry out
tasks or make decisions. Rules are commonly expressed through the use of conditional statements
in the form of "if-then", which enables the system to adhere to logical reasoning.
Expert systems refer to artificial intelligence (AI) systems that imitate the decision-making
mechanism of human experts within a particular field of knowledge. Expert-level advice or
solutions are provided by utilising knowledge bases and rule-based inference engines.
Machine learning is a significant technique in the field of artificial intelligence (AI) that entails the
training of algorithms on extensive datasets to acquire knowledge of patterns, execute tasks, or
make predictions without explicit programming. The field encompasses a range of methodologies,
including but not limited to supervised learning, unsupervised learning, and reinforcement
learning.
Neural networks belong to a category of machine learning models that draw inspiration from the
structure and operation of the human brain. Artificial neural networks are composed of
interconnected neurons that are arranged in layers, enabling them to acquire knowledge of intricate
patterns and generate forecasts.
Deep Learning is a specialised area of Machine Learning that employs deep neural networks
comprising multiple hidden layers. Significant accomplishments have been made in diverse fields
such as computer vision, natural language processing, and speech recognition.
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The approach of Evolutionary Computation draws inspiration from the mechanism of biological
evolution. The process entails generating groups of potential solutions and progressively
enhancing them via selection, recombination, and mutation techniques to identify optimal or
nearly optimal solutions.
Natural Language Processing (NLP) is a field of study that is concerned with facilitating the ability
of computers to comprehend, decipher, and produce human language. The methodology
encompasses various approaches, including but not limited to text categorization, extraction of
relevant data, assessment of emotional tone, and automated language conversion.8
The field of robotics involves the integration of artificial intelligence methodologies with physical
systems to develop intelligent machines that possess the ability to sense, perceive, and interact with
their surroundings. The field encompasses various domains, including computer vision, sensor
fusion, motion planning, and control.
The methodology of Knowledge Representation and Reasoning centres on the structured and
logical representation of knowledge that is amenable to processing by artificial intelligence systems.
The aforementioned methodologies, namely ontologies, semantic networks, and formal logic, are
encompassed within the scope of this field.
Hybrid approaches are frequently utilised in AI applications, wherein a blend of diverse
methodologies is employed to capitalise on the unique advantages of each approach. An instance
8 “Artificial Intelligence, Machine Learning and Big Data in Finance” [2021] OCED
https://www.oecd.org/finance/artificial-intelligence-machine-learning-big-data-in-finance.htm .
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of a system could potentially leverage rule-based reasoning in conjunction with machine learning
techniques to augment its capacity for making informed decisions.
These are a selection of the methodologies utilised within the domain of artificial intelligence. The
selection of methodology is contingent upon various factors such as the problem domain, the
availability of data, computational resources, and the particular objectives of the artificial
intelligence (AI) application.9
2.4 The capabilities and potential of artificial intelligence are a topic of interest in academic
discourse.
The capabilities and potential of artificial intelligence (AI) have garnered significant attention in
academic discourse. Scholars and researchers have been exploring various aspects of AI, including
its applications, impact, and ethical considerations. AI has shown remarkable advancements in
areas such as machine learning, natural language processing, computer vision, and robotics. One
key aspect of interest is the ability of AI systems to analyze vast amounts of data and derive
meaningful insights. Machine learning algorithms enable AI to identify patterns, make predictions,
and automate decision-making processes. This has led to advancements in fields such as
healthcare, finance, transportation, and cybersecurity, among others. Furthermore, AI has the
potential to revolutionize industries by enhancing efficiency, productivity, and innovation.
Automation and intelligent systems can streamline processes, optimize resource allocation, and
enable the development of personalized products and services. AI-powered technologies also have
the capacity to improve the quality of life, such as through assistive devices for individuals with
disabilities or advancements in autonomous vehicles for transportation. However, alongside these
advancements, discussions around the ethical implications of AI have gained prominence. Issues
9Alejandro Barredo Arrieta et al, "Explainable Artificial Intelligence (XAI): Concepts, Taxonomies, Opportunities
and Challenges toward Responsible AI" (2019) 58 Information Fusion 10.1016/j.inffus.2019.12.012
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related to privacy, bias, transparency, and accountability have become critical considerations in the
development and deployment of AI systems. Scholars are actively examining the societal impact
of AI, seeking to ensure that it is developed and used responsibly.10
Overall, the academic discourse surrounding AI encompasses a wide range of topics, including its
capabilities, potential applications, ethical considerations, and the implications for society.
Researchers and scholars are continually exploring these areas to better understand AI's impact
and to develop frameworks and guidelines for its responsible development and use.
In conclusion, this chapter presents a thorough exposition of artificial intelligence and its potential,
establishing the groundwork for the ensuing sections of this scholarly work. The text provides a
definition of Artificial Intelligence (AI), delves into its constituent elements and methodologies,
and presents a range of varied applications of the technology. Through comprehension of the
foundational principles and capabilities of artificial intelligence, individuals will possess the
essential expertise to further explore the particular AI implementations and their ramifications
delineated in subsequent sections.
Chapter 3: Intellectual Property and its Relevance to AI
The term "Intellectual Property" (IP) pertains to the legal entitlements bestowed upon individuals
or entities for their innovations or artistic works. The concept pertains to a variety of non-physical
resources, including but not limited to innovations, creative and scholarly productions, blueprints,
emblems, and confidential information. Intellectual property rights confer exclusive entitlements
to creators or proprietors, enabling them to govern and reap the rewards of their creations.
10Lund, Brady, Ting Wang, Nishith Reddy Mannuru, Bing Nie, Somipam Shimray, and Ziang Wang, "ChatGPT and
a New Academic Reality: Artificial Intelligence-Written Research Papers and the Ethics of the Large Language Models
in Scholarly Publishing," Journal of the Association for Information Science and Technology (2023)
10.1002/asi.24750
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The significance of intellectual property in relation to Artificial Intelligence (AI) is noteworthy,
given the growing utilisation of AI technologies across diverse industries. The following are
fundamental elements of intellectual property (IP) and its pertinence to artificial intelligence (AI):
Patents are a vital mechanism for safeguarding AI-related innovations. An AI innovation may
encompass a distinctive algorithmic approach, a fresh hardware arrangement, or a particular
utilisation of AI. Patents confer exclusive privileges to the inventor for a finite duration, thereby
precluding third parties from utilising, producing, or vending the patented technology without
authorization. The provision of incentives and protection for AI inventors through patents serves
as a catalyst for innovation.11
Copyright law safeguards innovative artistic and intellectual creations, encompassing software,
databases, and content produced by artificial intelligence. Artificial intelligence algorithms have the
capability to produce various forms of creative output, such as artistic works, music, literature, and
news article content generation. The legal framework of copyright endows creators with the sole
authority to duplicate, circulate, and showcase their creations, thereby affording them dominion
over the utilisation and economic exploitation of content generated by artificial intelligence.
Trade secrets are a common feature of AI technology, which frequently incorporates exclusive
algorithms, datasets, or training models that confer a competitive advantage to firms. Trade secrets
serve as a safeguard for confidential and valuable information, which may include AI training data,
algorithms, or business strategies. It is imperative to undertake appropriate measures to ensure the
11“ECJ 1 December 2022, Case C-653/20 P (EUIPO – v – Vincenti), Miscellaneous” (2022) 7 European
Employment Law Cases 206 http://dx.doi.org/10.5553/eelc/187791072022007004024 .
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protection of trade secrets, including the implementation of access controls, confidentiality
agreements, and security protocols.
The implementation of AI technology has the capacity to significantly transform various sectors;
however, it also presents ethical implications pertaining to intellectual property. AI systems that
have undergone training on copyrighted material may unintentionally produce content that violates
copyright laws. The issue of ownership and copyright pertaining to AI-generated works can be
intricate in cases where AI algorithms are utilised to produce derivative works that are based on
pre-existing copyrighted material. The perpetual challenge lies in the equitable distribution of rights
among creators, owners, and users of content generated by artificial intelligence.
The utilisation of pre-existing intellectual property, such as pre-trained models or datasets, is a
common practise in the development of AI technologies. This is often facilitated through licencing
agreements and collaborative efforts. Licencing agreements facilitate the lawful utilisation of
intellectual property assets within artificial intelligence applications. Furthermore, cooperative
efforts and alliances established between artificial intelligence (AI) developers and intellectual
property (IP) proprietors can result in advantageous agreements that promote creativity and
information exchange, while upholding the rights associated with IP.12
It is imperative for individuals and entities involved in the development, research, and
commercialization of artificial intelligence to possess a comprehensive understanding of
intellectual property regulations and effectively manoeuvre within their confines to safeguard their
own intellectual property and uphold the intellectual property rights of others. It is advisable to
12Jessica Meyers, “Artificial Intelligence and Trade Secrets” (2019)

https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2018-19/january-
february/artificial-intelligence-trade-secrets-webinar/ accessed May 30, 2023.
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seek legal counsel and consult with intellectual property experts in order to ensure adherence to
regulations and optimise the worth and safeguarding of intellectual property assets pertaining to
artificial intelligence.13
3.1 categories of intellectual property rights
The classifications of intellectual property rights encompass. Copyright which safeguards creative
expressions, including but not limited to literary, artistic, musical, and dramatic works, as well as
computer software, databases, and architectural designs. The legal concept of copyright confers
upon the originator or proprietor the sole entitlement to duplicate, disseminate, execute, exhibit,
and alter their creation.
Trademarks which serve as a safeguard for unique indicators such as signs, symbols, logos, names,
phrases, or designs that serve to differentiate the goods or services of one entity from those of
another. Trademarks confer proprietary rights to their proprietors and prohibit others from
employing comparable marks that could potentially lead to consumer confusion.
Patents serve as a safeguard for novel and practical inventions, encompassing innovative
processes, machinery, compositions of matter, and their respective enhancements. Patents confer
the inventor or applicant with the exclusive privilege to prevent others from manufacturing,
utilising, vending, or importing the patented invention for a restricted duration.
Industrial designs safeguard the outward appearance or aesthetic features of an item or entity.
Characteristics such as shape, configuration, pattern, ornamentation, or colour may be
13 Brad Smith and Harry Shum, “Artificial Intelligence and It’s Role in Society” [2018] Microsoft
https://news.microsoft.com/uploads/2018/02/The-Future-Computed_2.8.18.pdf .
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incorporated. Industrial design rights serve as a legal mechanism to prohibit unauthorised
replication or emulation of a design.
Trade secrets refer to confidential and valuable business information that confers a competitive
edge. Possible academic rewrite: The types of confidential business information that may be
protected by trade secret law encompass a wide range of assets, such as mathematical expressions,
operational procedures, systematic approaches, client rosters, cost structures, or promotional
tactics. The safeguarding of trade secrets necessitates the implementation of reasonable measures
to uphold confidentiality.
Geographical Indications (GIs) serve as a safeguard for products that are linked to a particular
geographical area and are recognised for their unique qualities or reputation that is associated with
that region. Geographical indications (GIs) serve the purpose of safeguarding against the
unauthorised utilisation of a geographical name in relation to products that do not conform to the
established standards.
Plant variety rights (PVR) or plant breeders' rights (PBR) safeguard novel plant varieties that
exhibit distinct, uniform, and stable characteristics. Plant Variety Rights (PVR) confer the breeder
with the exclusive entitlement to produce, vend, or authorise the propagation material of the
safeguarded variety.14
It is noteworthy that the legal regulations pertaining to intellectual property may differ across
nations, and there may be supplementary categories of intellectual property rights that are
contingent upon the jurisdiction.
14 “What Is Intellectual Property (IP)?” (What is Intellectual Property?) https://www.wipo.int/about-ip/en/index.html .
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3.2 AI-generated works and the associated copyright implications.
The utilisation of artificial intelligence in the creative process of generating works raises a multitude
of copyright implications. The ensuing are several pivotal factors to contemplate with regard to
works generated by artificial intelligence and their copyright implications:
According to conventional copyright legislation, the individual who created the work is generally
recognised as the author. The issue of ascertaining authorship becomes intricate in the context of
works generated by artificial intelligence. An inquiry emerges regarding the attribution of
authorship between the AI system and the human operator. Diverse legal jurisdictions may adopt
distinct methodologies to tackle this matter.
The safeguarding of copyright necessitates that a piece of work must exhibit originality. There is
an ongoing discourse regarding the impact of human involvement in the creative process on the
originality requirement of AI-generated works, despite the fact that such works may demonstrate
creativity and novelty. There exists a debate regarding the extent to which an AI system can
autonomously produce original works, with some asserting that human involvement is a
prerequisite for a work to be deemed original.
The issue of copyright ownership in works generated by artificial intelligence is a matter of
significant concern. The individual or organisation in possession of the AI system may assert
proprietorship. In certain instances, ownership of a work may be attributed to the human operator
or employer under copyright law if it is produced within the context of an employment
relationship.
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In certain legal systems, databases or AI-generated works that involve data compilation may qualify
for safeguarding under database rights, which are distinct from copyright protection. The
aforementioned rights serve the purpose of safeguarding the considerable investment made in the
acquisition, authentication, and exhibition of the contents of a given database.
The utilisation of AI-generated works by third parties may give rise to concerns regarding the
concepts of fair use and infringement. The assessment of whether the utilisation of such materials
conforms to the parameters of fair use or constitutes a violation is contingent on a range of
elements, such as the geographical location and intention of the usage.15
3.3 ownership and attribution of works generated by artificial intelligence.
The concept of ownership in relation to creative works is typically governed by copyright law in
various jurisdictions. This legal framework typically confers ownership rights to human authors
who have demonstrated a level of skill, judgement, and creativity in the production of said works.
The issue of determining ownership of AI-generated works poses a challenge due to their typical
creation without direct human input. As a general rule, works generated by artificial intelligence
are not considered eligible for copyright protection due to the absence of human authorship, which
is a necessary requirement. Consequently, it can be posited that the individual or entity responsible
for the ownership and operation of the artificial intelligence system would be deemed as the
proprietor of the works produced by the AI.
The act of attribution pertains to the acknowledgement of the primary author or creator of a
particular piece of work. The issue of attribution arises in the context of AI-generated works due
to the absence of human authorship. Artificial intelligence (AI) systems can be either programmed
15 “Artificial Intelligence and Copyright” (Artificial intelligence and copyright)

https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html .
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or trained through the use of pre-existing works or datasets. However, they lack the innate
creativity and intentionality that is typically associated with human authors. Consequently,
assigning authorship of AI-generated creations exclusively to the AI system may not be deemed
suitable.
It is noteworthy that the legal frameworks and regulations pertaining to works generated by
artificial intelligence exhibit variability across diverse jurisdictions. Several nations have initiated
an examination of legal structures to tackle these concerns, including the provision of specific
entitlements or safeguards to artificial intelligence (AI) systems or contemplating the participation
of human operators in the development phase. Notwithstanding, the establishment of
comprehensive and universally acknowledged regulations pertaining to the ownership and
attribution of works generated by artificial intelligence is still in the process of development.16
3.4 patentability as it pertains to innovations and inventions in the field of artificial intelligence.
The determination of patentability within the domain of artificial intelligence (AI) is governed by
the same underlying principles that are applicable to other types of innovations and inventions.
The patentability of AI-related inventions may be influenced by certain distinctive factors and the
swift progress of AI technology. The following are essential factors to consider:
The eligibility of an AI invention for patent protection is contingent upon its adherence to the
statutory subject matter delineated by the relevant patent legislation. In numerous legal systems,
such as that of the United States, an invention must pertain to a novel and practical procedure,
apparatus, product, or substance. Within the realm of artificial intelligence, potential examples may
16 US Copyright Office, “What Is Copyright? | U.S. Copyright Office” (What is Copyright? | U.S. Copyright Office)
https://www.copyright.gov/what-is-copyright/ .
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encompass innovative algorithms, software programmes, hardware arrangements, or distinct
applications of AI technology.
The presence of novelty is a fundamental prerequisite for the attainment of patentability. For an
AI invention to be eligible for patent protection, it is imperative that it meets the requirement of
novelty, which entails being original and not previously disclosed or made accessible to the public
prior to the submission of the patent application. The novelty and potential patentability of AI
technology may be impacted by any previous publications, public demonstrations, or patents
pertaining to it.
The requirement for an invention to possess an inventive step or non-obviousness is also
necessary. The aforementioned statement implies that the AI innovation ought to refrain from
being a conspicuous alteration or amalgamation of pre-existing technologies or methodologies.
The demonstration ought to exhibit a degree of originality and creative endeavour that surpasses
what is commonly acknowledged as general knowledge or a typical level of proficiency in the
domain of artificial intelligence.
The industrial applicability of an AI invention is a crucial requirement, as it necessitates the
capability of the invention to be utilised or implemented in a practical field or industry. The
innovation ought to transcend a mere conceptualization or theoretical construct and must possess
a distinct and precise utility within the realm of artificial intelligence.
The field of artificial intelligence necessitates patent applications to furnish satisfactory disclosure
and enablement, thereby enabling a skilled individual in the relevant field to replicate and execute
the invention without encountering excessive experimentation. The patent application ought to
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explicate the invention with lucidity, comprehensiveness, and efficacy, such that an individual
possessing expertise in the relevant field can apprehend and execute the invention.17
3.5 The convergence of trademarks and artificial intelligence (AI).
The confluence of trademarks and artificial intelligence (AI) pertains to the point of intersection
between these two domains and the influence that AI exerts on the realm of trademark law and
its implementation. Trademarks are considered as significant intangible assets that are utilised to
differentiate products and services in the commercial arena and safeguard the welfare of
consumers. Conversely, Artificial Intelligence (AI) is a technological advancement that facilitates
the ability of machines to execute functions that conventionally necessitate human cognitive
capabilities.
The employment of artificial intelligence (AI) is progressively gaining traction in diverse domains
of trademark law and practise. Artificial Intelligence (AI) has the potential to be utilised in
trademark searches and clearance procedures. By processing large volumes of data, AI can
effectively assess the availability and registrability of a trademark. Artificial intelligence (AI) has the
capability to aid in trademark prosecution, monitoring, and enforcement through automated
identification of potential infringements or counterfeit products.
The intersection of artificial intelligence and trademarks gives rise to various legal and policy
implications. Autonomous generation of trademarks by AI systems may give rise to concerns
pertaining to trademark ownership and liability. Furthermore, inquiries pertaining to the
17 “Patentability of AI Inventions - iPleaders” (iPleaders, January 29, 2023) https://blog.ipleaders.in/patentability-of-

ai-inventions/.
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uniqueness and specificity of trademarks generated by artificial intelligence, along with the
likelihood of consumer confusion, may require resolution.
The convergence of trademarks and AI poses challenges that are being addressed by trademark
authorities and legal practitioners who are striving to establish guidelines and frameworks. The
objective is to guarantee that trademark regulations and methodologies remain up to date with
technological progressions and competently tackle the distinctive challenges that emerge from the
utilisation of AI in the trademark domain.18
3.6 Ramifications of AI concerning trade secrets.
The emergence of artificial intelligence (AI) technology has resulted in notable implications with
respect to proprietary information. Trade secrets refer to confidential information that is of
significant value to businesses, providing them with a competitive edge. The advent of AI
technology has both positive and negative implications for safeguarding such information. The
implications of artificial intelligence with regards to trade secrets are as follows:
One potential benefit of AI implementation is the enhancement of trade secret protection through
the utilisation of sophisticated security measures. The application of machine learning algorithms
can facilitate the identification and mitigation of unauthorised access, identification of potential
security threats, and improvement of encryption methods. Artificial intelligence (AI) based systems
have the capability to monitor and scrutinise data for the purpose of detecting any anomalous
activities or security breaches. This facilitates prompt identification and response to such incidents.
18T Ramakrishna, “Impact of Artificial Intelligence (AI) on Trademark Law: Convergences and Ramifications” [2021]
DPIIT, MCI Chair on Intellectual Property Rights & Centre for Intellectual Property Rights Research and Advocacy
National Law School of India University, Bangalore https://iprlawindia.org/wp-content/uploads/2021/04/Harsh-
Pati-Tripathi.pdf .
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The augmented employment of AI technology presents a concomitant susceptibility to the
confidentiality of trade secrets. With the increasing sophistication of AI technologies, there is a
growing concern that they could be exploited by malicious entities to gain unauthorised access to
systems and extract confidential data. It is imperative for enterprises to remain abreast of
contemporary cybersecurity practises due to the potential for AI algorithms to be trained to
capitalise on weaknesses and circumvent security measures.
The utilisation of AI technology has the potential to increase the susceptibility of insider threats.
Individuals who possess authorised access to trade secrets have the ability to employ AI tools to
rapidly extract, duplicate, or transmit sensitive information without being readily detected.
Artificial intelligence (AI) has the potential to expedite the efficient processing and systematic
arrangement of vast amounts of data, thereby simplifying the exploitation of trade secrets by
insiders for their personal benefit or competitive edge.19
The utilisation of AI can potentially enhance the complexity and magnitude of data breaches and
hacking occurrences. The utilisation of AI algorithms by hackers can result in the automation and
optimisation of their attacks, thereby facilitating more precise and effective exploitation of
proprietary information. The employment of AI-based attacks enables the analysis of patterns,
adaptation to defences, and the execution of coordinated assaults, thereby posing a formidable
challenge to conventional security measures.
The emergence of AI-generated content has presented a number of challenges with respect to
intellectual property (IP) rights and infringement. The training of AI models for the purpose of
19 Jessica Meyers, “Artificial Intelligence and Trade Secrets” (2019)

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generating content that imitates original works has brought up concerns regarding the safeguarding
and ownership of trade secrets that are generated by AI. The determination of liability and the
enforcement of intellectual property rights can become increasingly intricate due to the blurring
of authorship and originality lines caused by AI-generated outputs.
The implementation of AI in safeguarding trade secrets gives rise to ethical and legal concerns.
Artificial intelligence algorithms have the potential to inadvertently reveal proprietary information
or inadvertently divulge confidential data while performing data processing tasks. Moreover, the
utilisation of artificial intelligence in conflicts related to trade secrets may necessitate the
modification of legal structures to accommodate the distinctive difficulties and intricacies
presented by AI technology.
In general, the implications of artificial intelligence (AI) with respect to trade secrets encompass
augmented safeguarding via sophisticated security protocols as well as amplified hazards stemming
from the possible susceptibilities and malevolent exploitation of AI. The rapid progression of AI
technology necessitates that both commercial enterprises and legal systems must adjust their
practises accordingly in order to ensure the adequate protection of proprietary information.20
3.7 The ethical and policy implications that pertain to the intersection of intellectual property (IP)
and artificial intelligence (AI).
The convergence of artificial intelligence (AI) and intellectual property (IP) gives rise to a number
of ethical and policy considerations. The following are some significant factors to consider:
20 Jessica Meyers, “Artificial Intelligence and Trade Secrets” (2019)

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The issue of ownership regarding AI-generated creations, such as texts, music, and artworks, has
become a topic of concern due to the ability of AI systems, such as language models, to produce
creative works. The issue of ownership regarding these creations prompts inquiry into the rightful
proprietor, whether it be the developer of the AI system, the user, or the AI system in and of itself.
The process of ascertaining ownership and the associated entitlements can be intricate and
necessitate the implementation of legal and regulatory structures to tackle these matters.
The issue of copyright infringement and fair use arises in the context of AI-generated content,
which can be produced by utilising pre-existing copyrighted material as input. This gives rise to
apprehensions regarding possible violations of copyright. The delineation of fair use parameters
in cases where AI systems produce derivative works derived from copyrighted material presents a
complex issue, given that such systems have the capacity to generate content that bears a striking
resemblance to safeguarded works.
The utilisation of AI-generated content may present difficulties in regard to attribution and
appropriate citation. It is imperative for individuals utilising AI systems to ensure that any works
produced by such systems are duly attributed to prevent instances of plagiarism. The establishment
of unambiguous guidelines and standards is imperative to tackle the matter of attribution in
instances where artificial intelligence is implicated in the process of creation.
The safeguarding of data and privacy: Artificial Intelligence (AI) frequently depends on extensive
datasets for its training, which may encompass confidential or personal data. The utilisation of
such information for the purpose of instructing artificial intelligence models gives rise to
apprehensions regarding the safeguarding of data and confidentiality. Achieving equilibrium
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between leveraging data for AI progress and protecting personal privacy assumes paramount
importance.21
The potential for bias and discrimination in AI systems is a significant concern, as these systems
rely on pre-existing data for their training. Should the data be biassed, the AI model may
inadvertently perpetuate and amplify these biases. This gives rise to ethical considerations
pertaining to issues of discrimination and equity. It is imperative to make endeavours to guarantee
that artificial intelligence (AI) systems undergo training on datasets that are diverse and
representative. Additionally, it is crucial to establish mechanisms that can detect and rectify any
biases in the outputs of AI.
The patentability of AI-generated inventions has become a topic of inquiry. The issue of
patentability and inventorship of an invention generated exclusively by artificial intelligence
presents certain complexities. The contemporary patent systems may require revision to
accommodate inventions generated by artificial intelligence.
The utilisation of artificial intelligence (AI) has the capacity to expedite and automate the process
of knowledge generation, thereby facilitating open access and knowledge sharing. The potential
impediment of open access and knowledge sharing could arise from the commercialization and
proprietary characteristics of AI technologies. It is imperative for policymakers to contemplate
tactics that strike a balance between safeguarding proprietary interests and promoting the wider
advantages of open access and dissemination of knowledge.22
21 “Artificial Intelligence and Intellectual Property Policy” (Artificial Intelligence and Intellectual Property Policy)
https://www.wipo.int/about-ip/en/artificial_intelligence/policy.html .
https://www.wipo.int/about-ip/en/artificial_intelligence/policy.html .
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The ethical and policy implications associated with the utilisation of AI necessitate the cooperation
of various stakeholders, such as policymakers, AI developers, legal experts, and ethicists. This
collaboration is essential in establishing frameworks and guidelines that promote the responsible
and ethical application of AI, while simultaneously protecting intellectual property rights.
The third chapter culminates by providing a summary of the significant discoveries and
ramifications of the convergence of intellectual property (IP) and artificial intelligence (AI). The
statement underscores the necessity of possessing a nuanced comprehension of intellectual
property laws and their implementation in relation to works generated by artificial intelligence. The
chapter emphasises the significance of revising legal frameworks, encouraging interdisciplinary
discourse, and creating ethical standards to guarantee adequate safeguarding and encouragement
of creativity, innovation, and AI progression within a fair and comprehensive intellectual property
regime.
Chapter 4: Copyright Protection for AI-Generated Works
The fourth chapter delves into the complex domain of safeguarding copyright for AI-generated
creations. The rising involvement of artificial intelligence (AI) in the creative process has brought
about noteworthy inquiries regarding the proprietorship, authorship, and copyright eligibility of
content generated by AI. The objective of this chapter is to scrutinise the intricacies and obstacles
associated with safeguarding copyright for works generated by artificial intelligence. This will be
accomplished by evaluating the current legal frameworks, nascent practises, and plausible future
trajectories.
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4.1 The copyrightability of works generated by artificial intelligence.
explores the fundamental inquiry of whether works produced by artificial intelligence are qualified
for copyright safeguard. Historically, conventional copyright law has mandated that copyrightable
work must be authored by a human being. The advancement of AI systems in generating intricate
and innovative content has sparked discussions surrounding the ascription of authorship and the
degree to which AI can be deemed an author. The present section delves into the legal viewpoints,
prior cases, and developing methodologies for ascertaining the copyright eligibility of works
generated by artificial intelligence.
The legal domain surrounding the copyrightability of works produced by artificial intelligence (AI)
is intricate and subject to ongoing development. In broad terms, copyright legislation provides
safeguard to innovative forms of creative expression that have been recorded in a physical or
digital format. The issue at hand pertains to the eligibility of copyright protection for works
generated by artificial intelligence and the determination of authorship in such scenarios. The
copyrightability of AI-generated works is subject to several significant factors that must be
considered.
According to copyright law, authorship is conventionally attributed to human creators. Artificial
intelligence, as a non-human entity, does not possess the requisite legal standing to be recognised
as an author. The issue of determining the copyrightability of AI-generated works assumes critical
significance owing to the question of authorship.
In cases where AI-generated work involves human intervention or creativity, the individual who
contributed to the work may be deemed the author. In instances of intellectual property creation,
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authorship would be ascribed to the human originator as opposed to the artificial intelligence
entity.23
When an AI system is utilised as a tool to aid in the creative process, the ownership of copyright
typically belongs to the human creator. The underlying premise of this concept is that the grant of
copyright protection is contingent upon the human author's demonstration of skill, judgement,
and creative decision-making in the process of creating the work.
The issue of authorship becomes more complex when dealing with an AI system that operates
independently and generates a work without human intervention or direction, as it is difficult to
establish authorship in such cases. This is referred to as Sufficiently Autonomous AI. In certain
legal jurisdictions, there exists a divergence of opinion regarding the attribution of authorship to
an AI system, with some recognising it as the author, while others withhold copyright protection
from works generated without human intervention.
In order to be eligible for copyright protection, a piece of work must exhibit originality, which
entails demonstrating a certain degree of creativity. AI-generated works may satisfy this standard
provided that they demonstrate a satisfactory level of novelty, notwithstanding the fact that the AI
mechanism may be adhering to pre-existing models or information.
It is noteworthy that the treatment of AI-generated creations and their eligibility for copyright
protection may exhibit variability across diverse legal jurisdictions. The legal frameworks and
23Pieter De Grauwe and Sacha Gryspeerdt, “Artificial Intelligence (AI): The Qualification of AI Creations as
‘Works’ under EU Copyright Law” (Gevers, June 21, 2022) https://www.gevers.eu/blog/artificial-
intelligence/artificial-intelligence-ai-the-qualification-of-ai-creations-as-works-under-eu-copyright-law/ .
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interpretations concerning copyright protection for works generated by artificial intelligence are
still in a state of flux, as the field of AI and its applications continue to advance.
4.2 Ownership and rights in works that are generated by artificial intelligence.
An analysis is conducted on the ownership and entitlements pertaining to works generated by
artificial intelligence. The issue of determining the rightful owner of copyright arises in light of the
fact that artificial intelligence systems have the ability to independently generate content. This
section delves into various ownership models, encompassing the involvement of AI developers,
users, and AI systems themselves. Furthermore, the text explores the possible ramifications of
licencing agreements, contractual arrangements, and collaborative frameworks in determining
ownership and rights pertaining to works generated by artificial intelligence.
The domain of law pertaining to ownership and rights in works produced by artificial intelligence
(AI) can be intricate and subject to change over time. The subsequent points furnish a
comprehensive outline; however, it is imperative to acknowledge that statutes and ordinances may
diverge contingent on the jurisdiction.24
The ownership of a creative work is granted to its human author(s) under copyright law in several
jurisdictions, including the United States. As per legal norms, artificial intelligence lacks the status
of a legal entity, thereby precluding it from being recognised as the rightful author or proprietor
of works that are eligible for copyright protection. Hence, the issue of proprietorship concerning
AI-generated creations assumes a more intricate character.
The issue of human involvement in the creation of AI-generated works is a matter of legal
consideration in various jurisdictions. It is generally accepted that if a human provides a significant
24“Generative AI Has an Intellectual Property Problem” (Harvard Business Review, April 7, 2023)
https://hbr.org/2023/04/generative-ai-has-an-intellectual-property-problem .
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amount of creative input or exercises judgement and control over the output of the AI, they may
be deemed the author or co-author of the work. In such instances, the copyright of the work
would usually be attributed to the human.
The utilisation of AI as a tool or a facilitator in the creative process typically results in the human
creator being recognised as the exclusive proprietor of the resultant work. The function of AI is
perceived as an instrument employed by humans, akin to a paintbrush or a musical apparatus.
The ownership of copyright for AI-generated work produced under an employment relationship
is contingent upon the provisions of the employment agreement and relevant legislation. In such
cases, the employer may be deemed as the copyright holder.25
The determination of ownership for AI-generated works may be contingent upon contractual
agreements pertaining to licencing and transfer. Licencing agreements may be established between
AI system developers or users to regulate the ownership and usage rights of the outputs produced
by the AI.
Policy considerations are a crucial aspect of any decision-making process. It is important to
carefully evaluate the potential impact of policies on various stakeholders and to consider the long-
term consequences of any proposed policy changes. Effective policy considerations require a
thorough analysis of relevant data, consultation with experts and stakeholders, and a clear
understanding of the underlying issues. Ultimately, policy considerations should aim to promote
the public interest and ensure that policies are fair, effective, and sustainable. The subject of
potential modifications to copyright law to accommodate works generated by artificial intelligence
remains a topic of ongoing discussion. Several suggestions have been put forth, such as
25“Generative AI Has an Intellectual Property Problem” (Harvard Business Review, April 7, 2023)
https://hbr.org/2023/04/generative-ai-has-an-intellectual-property-problem .
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acknowledging artificial intelligence as a legal entity or establishing a distinct classification of "AI
authorship." The objective of these deliberations is to tackle the obstacles presented by nascent
technologies while equitably considering the concerns of human innovators, artificial intelligence
programmers, and society at large.
4.3 the complexities surrounding copyright infringement and liability pertaining to works
The widespread availability of AI tools that possess the ability to replicate pre-existing works or
imitate artistic styles has given rise to apprehensions regarding the violation of copyrighted
material. The present section scrutinises the accountability of AI developers, users, and AI systems
per se for the violation of copyright laws, considering various factors such as intentionality,
control, and the differentiation between inspiration and replication.
The legal and ethical discussions surrounding liability and copyright infringement pertaining to
works produced by artificial intelligence (AI) are still in flux and continue to evolve. The following
are some significant factors to consider:
The emergence of AI-generated works has prompted inquiries regarding the appropriate
attribution of authorship and ownership. According to conventional copyright law, the individual
who generates the work is typically recognised as the author. The identification of authorship in
AI-generated works poses a challenge due to the absence of a conventional human author.
Copyright protection is conferred upon works that exhibit originality and creativity. Artificial
intelligence (AI) systems, such as language models, produce content through the analysis and
synthesis of extensive data sets, which may include copyrighted materials. This gives rise to
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apprehensions regarding the adequacy of originality and creativity in AI-generated works to meet
the criteria for copyright safeguarding.26
The degree of human intervention in the production of AI-generated works is a critical
determinant in ascertaining the ownership of copyright. In the event that humans are involved in
the curation, selection, or modification of AI-generated output, it is possible for them to be
recognised as joint authors or to possess a distinct copyright interest in the resultant work.
The current legal framework pertaining to copyright is primarily tailored towards works that are
created by human authors. The process of modifying existing laws to suit the requirements of
works generated by artificial intelligence can be intricate. Certain jurisdictions may necessitate
legislative modifications or judicial elucidations to tackle copyright concerns that are particularly
associated with content produced by artificial intelligence.27
The determination of liability for copyright infringement in cases involving works generated by
artificial intelligence can pose a significant challenge. Inquiries may emerge concerning the
allocation of liability between the developer of the artificial intelligence system, the individual who
implemented the system, or both. The determination of liability can be contingent upon various
factors, including but not limited to the intention behind the usage, awareness of the violation, and
the presence of any relevant exemptions or constraints pertaining to copyright infringement.
Fair Use and Transformative Use are legal concepts in the field of copyright law. Fair use is a
doctrine that permits the limited use of copyrighted material without obtaining permission, for
purposes such as research, commentary, or criticism. The application of fair use principles to AI-
generated works may necessitate the examination of various factors, including but not limited to
26 Ibid.
27 Ibid.
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the purpose and character of the use, the inherent characteristics of the copyrighted work, the
extent of the usage, and the impact on the market for the original work.
The topic of ethical considerations is of utmost importance in various fields of study and research.
It involves the examination and evaluation of moral principles and values that guide human
behaviour and decision-making. The ethical considerations in any research or study must be
carefully assessed to ensure that the participants' rights and welfare are protected, and that the
research is conducted in an ethical and responsible manner. Failure to adhere to ethical principles
can result in serious consequences, including harm to participants, damage to the reputation of the
researcher or institution, and legal and financial liabilities. Therefore, it is essential to prioritise
ethical considerations in any research or study. In addition to the intricate legal considerations,
ethical implications arise in relation to works produced by artificial intelligence. The ethical
employment of AI systems for content creation necessitates the consideration of transparency,
accountability, and the provision of appropriate recognition to human contributors.28
4.4 The utilisation of fair use and transformative works principles concerning AI-generated
content.
The doctrine of fair use permits the utilisation of copyrighted material in a restricted manner
without obtaining prior permission, usually for purposes such as critique, analysis, or satire. The
emergence of AI systems with the ability to remix, transform, or repurpose pre-existing works has
prompted inquiries into the extent to which fair use applies and the legal limits of transformative
works within the AI domain. The legal principle of fair use is recognised in the United States,
which permits the utilisation of copyrighted works in a restricted manner without the need for
explicit consent from the copyright holder, subject to specific conditions. Fair use is determined
based on four factors, which include:
28Rich Stim and others, “What Is Fair Use?” (Stanford Copyright and Fair Use Center, April 4, 2013)
https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ .
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The purpose and character of the use is evaluated based on its transformative nature, which refers
to the extent to which it introduces novel expression, significance, or communication to the
original work. Transformative applications are comparatively more probable to be deemed as fair
use.
The nature of the copyrighted work is a crucial factor that determines the extent of protection it
receives. Creative works are typically granted more protection than factual or informational works.
The factor of amount and substantiality pertains to the extent and importance of the segment of
the copyrighted material utilised in relation to the entirety of the work.
The impact on the market or value of the original work is a crucial consideration, as it evaluates
whether the utilisation of the copyrighted material has the potential to cause damage or diminish
the prospective worth of the original work.29
4.5 prospective avenues and policy implications for safeguarding copyright of works generated
by artificial intelligence.
The advancement of AI technology necessitates the adaptation of legal frameworks and policies
to effectively address the distinctive challenges and prospects arising from AI-generated content.
The present section delves into nascent practises, ongoing discussions, and plausible policy
measures that endeavour to achieve a harmonious equilibrium between safeguarding creative
entitlements, promoting ingenuity, and guaranteeing just and impartial treatment of works
29“Fair Use: Training Generative AI - Creative Commons” (Creative Commons, February 17, 2023)
https://creativecommons.org/2023/02/17/fair-use-training-generative-ai/.
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Potential strategies and policy considerations for protecting the copyright of works produced by
artificial intelligence (AI) encompass the subsequent areas:
Establishing legal frameworks and guidelines that clearly define authorship and ownership of AI-
generated works is of utmost importance. The frameworks in question ought to tackle inquiries
pertaining to the attribution of authorship in the context of AI systems. Specifically, these
frameworks should delve into the matter of whether AI systems can be deemed as authors,
whether the human programmers or trainers should be accorded authorship recognition, or if joint
authorship is a plausible scenario. Achieving clarity in this domain is crucial in ascertaining
copyright ownership and safeguarding the interests of pertinent stakeholders.30
The establishment of systems and mechanisms for copyright registration and attribution of works
generated by artificial intelligence is imperative. One potential solution is to establish dedicated
databases or platforms that facilitate the registration of AI-generated works, thereby ensuring
appropriate attribution to all relevant parties. The implementation of such systems would aid in
the establishment of evidence of authorship and streamline the process of enforcing copyright.
The establishment of licencing and permission frameworks for AI-generated works is of utmost
importance. One potential solution is to create uniform licences or contracts that delineate the
specifications and limitations governing the utilisation, replication, and dissemination of AI-
derived materials. The development of licencing mechanisms ought to consider the distinct
characteristics of works generated by artificial intelligence and should offer adaptability while
simultaneously safeguarding the interests of creators and copyright owners.
30“Potential Implications of US Copyright Office Determination on AI-Generated Work” (Lexology)

https://www.lexology.com/library/detail.aspx?g=41f5ee27-6c4d-4299-8593-2507b9837472 .
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The assessment of the applicability of fair use and transformative works doctrines to content
generated by artificial intelligence holds significant importance. The establishment of guidelines
and precedents is crucial in determining the applicability of fair use or transformative use
exceptions to the use of AI-generated works. This approach can effectively balance the protection
of copyright with the liberty to utilise and expand upon AI-generated content for purposes such
as education, research, or artistic expression.31
The importance of addressing liability and accountability concerns pertaining to works generated
by artificial intelligence cannot be overstated. The incorporation of stakeholder roles and
responsibilities, including those of AI developers, AI system operators, and end-users, should be
considered within policy frameworks to ensure adherence to copyright laws. The issue of
ascertaining the degree of liability and responsibility in instances of copyright violation by artificial
intelligence (AI) systems is a multifaceted matter that warrants attention to ensure adequate
enforcement.
Facilitating international collaboration and standardisation initiatives can foster the alignment of
copyright laws and regulations across diverse jurisdictions. The facilitation of consistent policies
that tackle the distinctive challenges presented by AI-generated works can be promoted through
collaboration among governments, organisations, and legal experts. This can lead to the
establishment of a global framework for safeguarding copyright.32
The importance of raising public awareness regarding copyright issues pertaining to AI-generated
works cannot be overstated. Raising awareness among creators, users, and the general public
31 ibid
32 ibid
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regarding their legal entitlements and responsibilities pertaining to AI-generated content can
facilitate comprehension of copyright regulations and promote conscientious and principled
conduct.
It is noteworthy that the aforementioned potential avenues and policy implications are currently
under continuous discussions and debates. As artificial intelligence (AI) technology progresses and
presents novel challenges, it is imperative for policymakers, legal professionals, and relevant parties
to consistently modify and revise existing frameworks to guarantee efficient safeguarding of
copyright in relation to AI-generated creations.33
4.6 Examination of Significant Judicial Cases and Legal Precedents
The present section undertakes an examination of pivotal legal cases and precedents that have
influenced the ongoing discourse pertaining to copyright safeguarding for works generated by
artificial intelligence. Through an analysis of pivotal legal cases, judicial rulings, and legal exegeses,
a more profound comprehension of the developing legal terrain within this field can be attained.
The initial step of the analysis involves the identification of noteworthy cases that have dealt with
matters pertaining to the copyrightability, ownership, and infringement of AI-generated works.
These instances function as significant markers in the development of legal structures and
establishing authoritative examples for forthcoming judgements. By conducting a comprehensive
analysis of the evidence, reasoning, and decisions presented in these legal cases, valuable
perspectives on the implementation of copyright regulations pertaining to works created by
artificial intelligence can be obtained. The present section endeavours to examine diverse facets of
copyright protection, including but not limited to originality, human authorship, and the
33“Potential Implications of US Copyright Office Determination on AI-Generated Work” (Lexology)

https://www.lexology.com/library/detail.aspx?g=41f5ee27-6c4d-4299-8593-2507b9837472 .
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involvement of artificial intelligence in the creative process, through the analysis of seminal legal
cases. This study delves into the judicial efforts to differentiate between works produced by
artificial intelligence systems and those authored by human beings, as well as the legal ramifications
that ensue from such distinctions. Additionally, this examination considers the results and
justifications of these instances, pinpointing shared patterns, jurisprudential tenets, and
developments. This study analyses the rationale behind judicial rulings and the fundamental policy
factors that have impacted the construal and implementation of copyright regulations with respect
to works created by artificial intelligence. The examination of pivotal legal cases offers significant
perspectives on the intricacies and subtleties of safeguarding copyright in relation to works
generated by artificial intelligence. The aforementioned elucidates the dynamic viewpoints and
legal rationale, thereby augmenting the continuous legal dialogue and moulding forthcoming
construal’s of copyright jurisprudence.
Several noteworthy legal cases and precedents have explored the convergence of artificial
intelligence (AI) and copyright law.
The legal case of Naruto v. Slater (2018) pertained to a conflict regarding the rightful
proprietorship of a self-portrait captured by a macaque monkey utilising the photographic
equipment of a wildlife photographer named David Slater. The image gained widespread attention,
prompting a legal action by the animal rights organisation, People for the Ethical Treatment of
Animals (PETA), which contended that the primate was the rightful owner of the copyright to the
photograph. The court's final verdict established that copyright ownership cannot be granted to
animals, underscoring the necessity of human authorship as a prerequisite for copyright
safeguarding.34
34 Naruto v. Slater (2018)
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The case of Warner Bros. Entertainment Inc. v. RDR Books (2008)35 is a notable legal dispute.
The focal point of this case pertained to the dissemination of a handbook titled "The Harry Potter
Lexicon," which drew its inspiration from the Harry Potter literary franchise authored by J.K.
Rowling. The court ruled that the guidebook's extensive replication of elements from the original
works did not qualify as fair use and instead constituted a violation of the copyright of the original
series. The aforementioned legal matter underscored the significance of conducting a thorough
examination of transformative use and substantial similarity in ascertaining the presence of
copyright infringement in cases where derivative works are implicated.
The legal case of Authors Guild v. Google (2015) involved a copyright infringement lawsuit filed
by the Authors Guild against Google. The lawsuit was prompted by Google's digitization of
millions of books and subsequent creation of a searchable database. The court ruled that Google's
act of digitising and offering snippets of copyrighted books was deemed as fair use, as it served
transformative and socially beneficial purposes. The decision underscored the transformative
potential of AI-powered technologies in facilitating novel applications of copyrighted materials.36
The legal case of Oracle America, Inc. v. Google LLC, which took place in 2021, is of significant
academic interest. The protracted litigation pertained to a copyright conflict regarding Google's
utilisation of Java application programming interfaces (APIs) in the creation of the Android
platform. The court arrived at a determination that Google's utilisation of the Java APIs was in
accordance with the principles of fair use. This conclusion was based on various factors, including
the transformative character of the use and its effect on the market for the copyrighted work. The
court decision upheld the significance of fair use in facilitating technological progress,
encompassing advancements powered by artificial intelligence.37
35 Warner Bros. Entertainment Inc. v. RDR Books (2008)

36 Authors Guild v. Google (2015)
37 Oracle America, Inc. v. Google LLC (2021)
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The Artificial Intelligence Authorship Case of 2020 involved the submission of patent and
copyright applications by Dr Stephen Thaler for two products, namely a food container and a
torch, which were invented by an AI system named "DABUS". This case is notable for the
involvement of an AI system in the creation of intellectual property and the subsequent legal action
taken to protect it. The aforementioned case has elicited inquiries pertaining to the recognition of
AI systems as inventors or authors. The applications were rejected by the patent offices of the
United States (USPTO), Europe (EPO), and the United Kingdom (UKIPO) due to the stipulation
that patents require human inventorship and copyrights require authorship.38
These instances offer valuable perspectives on how the judiciary has dealt with copyright concerns
that have emerged from AI-powered technologies. The significance of considering transformative
use, fair use, substantial similarity, and human authorship prerequisites in the assessment of
copyright infringement concerning AI-generated or AI-assisted works is exemplified by them. The
dynamic interplay between technological advancements and legal precedents will continue to shape
the ever-changing terrain of artificial intelligence and copyright law.
4.7: Discourse Pertaining to the Suitability of Artificial Intelligence Systems for Copyright
Safeguarding.
This section delves into the complex discourse surrounding the qualification of artificial
intelligence (AI) systems for copyright safeguarding. This study scrutinises varying perspectives,
contentions, and jurisprudential frameworks advanced by academicians, legal specialists, and
interested parties in the domain of artificial intelligence and copyright law. The central focus of
the discourse pertains to the inquiry of whether artificial intelligence (AI) systems can be deemed
38 The Artificial Intelligence Authorship Case (2020)
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as creators entitled to safeguarding under copyright laws. The conventional copyright legislation
has historically mandated the involvement of a human author, thereby prompting a robust
discourse on the capacity of artificial intelligence to function as a creative entity capable of
generating unique forms of expression. According to a particular viewpoint, artificial intelligence
(AI) systems are considered as mere instruments or tools that are utilised by human creators. As a
result, it is suggested that the copyright ownership should remain with the human authors. This
perspective places significant emphasis on the significance of human intention, creativity, and
agency in the creative process, regarding AI as a tool to enhance human creativity rather than
supplanting it. Conversely, advocates of conferring copyright safeguard to artificial intelligence
(AI) systems argue that AI has the capability to demonstrate self-governance, originality, and
inventive outcomes that warrant acknowledgment and safeguarding. The argument posits that
artificial intelligence (AI) systems possess the capability to produce works that are unique from
those created by humans, thereby expanding the limits of creativity, and questioning conventional
concepts of authorship. The discourse delves deeper into the consequences of assigning copyright
ownership to artificial intelligence (AI) systems, considering its effects on innovation, the
motivation for AI progress, and the equilibrium between safeguarding creators' rights and
promoting technological growth. This section presents pivotal arguments from both perspectives
of the discourse, accompanied by corroborating evidence and opposing viewpoints. A thorough
comprehension of the intricate issues surrounding the qualification of AI systems for copyright
safeguard can be attained by scrutinising the assortment of viewpoints and legal frameworks. In
general, this section presents a thorough examination of the discourse pertaining to the
qualification of AI systems for copyright safeguarding. It illuminates the various perspectives and
factors that influence the ongoing deliberations in this swiftly progressing domain.
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The discussion surrounding the appropriateness of implementing artificial intelligence (AI)
systems for the purpose of copyright protection encompasses a range of viewpoints and
arguments. The following are salient points of discussion:
The utilisation of AI systems can enhance the efficiency of identifying and detecting copyright
infringement. By means of machine learning algorithms, artificial intelligence has the capability to
scrutinise vast quantities of data and juxtapose it with pre-existing copyrighted materials in order
to detect occurrences of unapproved utilisation or plagiarism. The potential to optimise copyright
enforcement through the automation of detection processes is noteworthy.39
The precision of AI systems in detecting copyright violation is a subject of debate, particularly in
relation to the occurrence of false positives. Detractors contend that artificial intelligence (AI)
algorithms have the potential to produce erroneous positive identifications, erroneously flagging
lawful applications as infringing. This could potentially curtail the scope of creative expression and
equitable use. Achieving a balance between precise detection and minimising false positives is of
utmost importance in order to ensure the efficacy of artificial intelligence (AI) systems, while
simultaneously avoiding undue limitations on legitimate applications.
The determination of fair use, transformative works, or other exceptions to copyright law
necessitates a contextual comprehension of the work. There is a contention among scholars that
artificial intelligence (AI) systems may exhibit a deficiency in their capacity to thoroughly scrutinise
the context, intention, and subtleties that are essential in ascertaining equitable utilisation. The
39“Ethical Concerns Mount as AI Takes Bigger Decision-Making Role” (Harvard Gazette, October 26, 2020)
https://news.harvard.edu/gazette/story/2020/10/ethical-concerns-mount-as-ai-takes-bigger-decision-making-role/
.
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constraint could present difficulties in precisely detecting situations where copyright violation does
not take place, particularly in scenarios that involve parody, criticism, or educational objectives.40
The ability to adapt to evolving copyright laws is crucial, as these laws and regulations are subject
to change over time, often in response to societal and technological advancements. Critics have
expressed apprehensions regarding the capacity of AI systems to adjust to the constantly evolving
legal standards. The maintenance of the efficacy of AI systems in safeguarding copyrights
necessitates the incorporation of mechanisms that enable their adaptability and alignment with
evolving copyright laws.
The implementation of artificial intelligence (AI) systems is not exempt from ethical considerations
and potential biases. Critics contend that the presence of biases ingrained in the training data or
algorithmic decision-making can have a disproportionate effect on specific groups, which may
result in prejudiced copyright enforcement. The careful design of AI systems, inclusion of diverse
and representative training data, and implementation of transparency and accountability
mechanisms are crucial in addressing these concerns.
The significance of human judgement and oversight cannot be undermined despite the ability of
AI systems to automate certain aspects of copyright safeguarding. The significance of engaging
human experts in decision-making procedures is underscored by critics, particularly in scenarios
that necessitate legal interpretation, fair use analysis, or contextual comprehension. It is
.
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recommended that AI systems be regarded as instruments that aid in facilitating human decision-
making, rather than completely supplanting human judgement.41
The implementation of AI systems in the protection of copyright presents potential issues
pertaining to privacy and data security. Artificial intelligence algorithms frequently necessitate
access to extensive datasets, which may comprise confidential data. It is imperative to guarantee
the observance of privacy rights, the establishment of data protection protocols, and the
implementation of suitable measures to forestall the abuse or unauthorised access of personal or
confidential data.
The discussion pertaining to the appropriateness of AI systems for protecting copyright is intricate
and has multiple dimensions. The task at hand entails achieving a suitable equilibrium between
effective enforcement, safeguarding fair use and transformative works, tackling biases and ethical
considerations, guaranteeing human supervision, and adjusting to changing legal frameworks and
societal norms. To effectively navigate the challenges and establish effective copyright
safeguarding mechanisms in the era of artificial intelligence, it is imperative to engage in ongoing
discussions and interdisciplinary collaborations involving legal experts, technologists,
policymakers, and stakeholders.42
.
42“The Big Data World: Benefits, Threats and Ethical Challenges | Emerald Insight” (The Big Data World: Benefits,
Threats and Ethical Challenges | Emerald Insight, December 9, 2021)
https://www.emerald.com/insight/content/doi/10.1108/S2398-601820210000008007/full/html .
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This conclusion provides a synthesis of the results and discussions pertaining to the safeguarding
of copyright for works created by artificial intelligence. This statement highlights the intricate and
subtle aspects of copyright legislation in light of the swift progression of artificial intelligence
technology. This chapter offers an analysis of copyrightability, ownership, infringement, fair use,
and policy considerations pertaining to AI-generated works. Through this analysis, it provides
valuable insights into the current state of copyright protection and proposes potential avenues for
future developments in this dynamic and evolving domain.
Chapter 5: Patentability and Inventorship in AI-Related Inventions
The fifth chapter of the study centres on the fundamental legal facets of patentability and
inventorship concerning inventions related to artificial intelligence. The progression of Artificial
Intelligence (AI) presents distinct intricacies and obstacles for global patent systems. The objective
of this chapter is to examine the basic tenets of patent law, scrutinise the ramifications of artificial
intelligence (AI) in the domain of patents, and deliberate on the developing concept of
inventorship in AI-produced inventions.
5.1 The patentability of inventions related to artificial intelligence (AI) is a topic of interest in the
field of intellectual property.
The subject of intellectual property pertaining to artificial intelligence (AI) inventions is a highly
significant area of concern. The progression of AI technology presents distinctive prospects and
obstacles for patent systems on a global scale. The following are essential considerations pertaining
to the patent eligibility of inventions related to artificial intelligence:
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In order to obtain a patent, an invention must satisfy specific requirements such as novelty, non-
obviousness, and utility. The matter of patent eligibility frequently arises in relation to inventions
pertaining to artificial intelligence, necessitating careful consideration. Certain jurisdictions may
impose particular restrictions or constraints on the patentability of abstract concepts, algorithms,
or mathematical methodologies, which constitute fundamental elements of numerous AI
technologies. Notwithstanding, the precise utilisation and execution of AI within a given domain
or sector may render it suitable for safeguarding through patenting.43
In several patent systems, the patentability of an invention is contingent upon its ability to produce
a "technical effect" or provide a "technical contribution." The objective of this stipulation is to
differentiate innovations that offer a pragmatic resolution to a technical predicament from those
that are solely theoretical or conceptual. In the context of AI-related innovations, it is often
imperative to establish the technical nature or technical contribution of the invention in order to
satisfy this criterion.
The requirement of inventive step poses a challenge for AI-related inventions as it pertains to the
degree of originality or non-obviousness necessary for patent eligibility. The argument can be made
that AI-generated inventions are simply a fusion of pre-existing knowledge or standard procedures,
given the ability of AI systems to scrutinise extensive data sets and produce solutions based on
patterns and algorithms. In the event that the AI technology utilised in the creation integrates
innovative and original elements, it could potentially fulfil the criteria for an inventive step.
In the context of patents, it is necessary to provide a comprehensive disclosure of the invention,
which should enable a skilled individual in the relevant field to replicate and implement the
43Shlomit Yanisky-Ravid and Regina Jin, “Summoning a New Artificial Intelligence Patent Model: In The Age Of
Pandemic” (PubMed Central (PMC)) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7366817/ .
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invention based on the information provided. The development of AI-related innovations may
present difficulties in the disclosure and facilitation of the AI algorithms, models, or data sets
utilised. The optimal disclosure requirements should achieve a delicate equilibrium between
safeguarding confidential business information and furnishing adequate data for public
dissemination.44
The process of ascertaining inventorship for inventions related to artificial intelligence can be
intricate. In certain instances, the artificial intelligence system may be designated as the inventor,
prompting inquiries regarding the legal acknowledgement of inventors that are non-human.
Notwithstanding, prevalent patent systems commonly necessitate the identification of a human
inventor. In the context of patent law, it may be advantageous to highlight the role of the human
inventor in instances where artificial intelligence is utilised as a tool in the inventive process.
The examination of patent applications related to artificial intelligence (AI) presents a challenge
for patent offices, given the dynamic and rapidly evolving nature of AI technology, as well as the
extensive body of prior art that already exists. The evaluation of the novelty and non-obviousness
of AI-related inventions is significantly influenced by the presence and ease of access to prior art,
which encompasses open-source software, datasets, and research papers.
5.2 analysis of the notion of non-obviousness
Non-obviousness is a crucial principle in the field of patent law, which serves as a criterion for
assessing the patentability of an invention. The purpose of this requirement is to guarantee that
patents are exclusively awarded for innovations that entail inventive strides or noteworthy
progressions beyond the pre-existing knowledge within the respective field. The concept of non-
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obviousness endeavours to achieve a harmonious equilibrium between incentivizing inventive
activity and precluding the issuance of patents for insignificant or self-evident advancements.
Within the realm of patent law, an invention is deemed as non-obvious if it would not have been
readily apparent to an individual possessing an average level of expertise in the pertinent
technological field at the moment of the invention's conception. The assessment of non-
obviousness is a subjective process that entails an examination of the prior art, encompassing the
pre-existing knowledge, published materials, and publicly accessible information that existed prior
to the invention.
Non-obviousness is evaluated based on various factors.
The process of evaluating an invention's novelty involves comparing it with the existing prior art
to ascertain whether the invention constitutes a substantial deviation from the already established
knowledge. This evaluation is typically conducted by the examiner or court. The degree of
similarity between an invention and the prior art is directly proportional to the likelihood of the
invention being deemed obvious.45
The assessment of non-obviousness considers the degree of skill and proficiency that an individual
with average expertise in the relevant field possesses. If an individual possessing relevant
knowledge and expertise would have found the invention to be an obvious development, then it
could be considered as lacking in inventive step.
45WIPO, “Standing Committee on the Law of Patents” (2015)

https://www.wipo.int/edocs/mdocs/scp/en/scp_22/scp_22_3.pdf accessed May 31, 2023.
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The occurrence of unforeseen outcomes can bolster the assertion of non-obviousness for an
invention, particularly if such outcomes surpass what a person with average expertise would have
anticipated. Instances of unforeseeable or non-intuitive results may suggest that the invention in
question entailed inventive measures.
The concept of "Teaching Away" suggests that the existence of prior art that dissuades or
discourages from the claimed invention can serve as evidence of non-obviousness. In cases where
the prior art indicates the potential ineffectiveness or impracticality of an invention, it can serve as
evidence that the invention was not a readily apparent or obvious solution.
The presence of commercial success or industry recognition stemming from the invention can be
regarded as a sign of non-obviousness. This factor indicates that the innovation offered a unique
and unforeseeable resolution to a particular issue.
Secondary considerations play a significant role in determining non-obviousness. These
considerations may include long-standing yet unresolved needs, industry scepticism or disbelief,
competitor imitation, or expert recognition. The aforementioned considerations offer
supplementary context and substantiate the ingenuity of the asserted invention.46
The examination of non-obviousness is frequently a convoluted and circumstance-dependent
investigation. There may be discrepancies in legal criteria and understandings of non-obviousness
across various jurisdictions. The assessment of non-obviousness by patent examiners, courts, and
patent professionals is based on established legal precedents and guidelines, which are applied on
a case-by-case basis.
46 ibid
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The concept of non-obviousness holds a pivotal position in patent law as it guarantees that patents
are exclusively awarded for innovations that demonstrate noteworthy progressions beyond the
pre-existing knowledge. The objective is to incentivize and acknowledge genuine innovation while
inhibiting the issuance of patents for trivial or self-evident enhancements that could impede
advancement and rivalry within the industry.
5.3 dynamic concept of inventorship as it pertains to inventions generated by artificial
intelligence.
The notion of inventorship assumes a dynamic character when applied to inventions produced by
artificial intelligence (AI). Historically, the credit for inventing a new technology has been assigned
to human individuals who both conceive of the idea and successfully bring it to fruition. The
advent of AI systems that possess the ability to independently generate inventions or engage in a
collaborative process with human input has led to a more intricate inquiry regarding the attribution
of inventorship.
The notion of inventorship in AI-generated inventions is a dynamic concept that warrants several
crucial considerations.
The issue of human involvement arises when AI systems produce inventions with little or no
human intervention, prompting the question of whether the AI system should be acknowledged
as the inventor. There is a debate surrounding the notion that an AI system should be recognised
as the inventor if it generates an invention without any human intervention. There is an opposing
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viewpoint that posits the requirement of human intervention or guidance in order for an invention
to qualify for patent protection, thereby necessitating the recognition of a human as the inventor.47
Human-AI Collaboration is a prevalent phenomenon in which AI systems operate in conjunction
with human input. The AI system serves to aid or enhance the creative process. In these situations,
the process of identifying the individuals who qualify as inventors becomes more intricate.
Inquiries may emerge concerning the magnitude of the AI system's input, the level of human
supervision or guidance, and the feasibility of the inventive process in the absence of either entity's
participation.
The current legal and policy frameworks pertaining to patents were primarily formulated to cater
to the needs of human inventors. The incorporation of AI-generated inventions into these
frameworks necessitates meticulous deliberation. Ongoing legal and policy deliberations are being
conducted to ascertain the sufficiency of current laws in addressing the intricacies of AI-generated
inventions. Alternatively, it is being considered whether revisions and new regulations are required
to account for the involvement of AI.48
The acknowledgement of AI systems as inventors gives rise to ethical and societal implications.
The act of attributing inventorship to artificial intelligence has the potential to affect factors such
as incentives, rewards, and accountability. The utilisation of AI technology prompts inquiries
regarding the correlation between AI and human creativity, the significance of intellectual property
rights, and the likelihood of AI replacing or supplanting human inventors in specific domains.
47“AI and Patent Law: Balancing Innovation and Inventorship | Insights | Skadden, Arps, Slate, Meagher & Flom
LLP” (AI and Patent Law: Balancing Innovation and Inventorship | Insights | Skadden, Arps, Slate, Meagher & Flom LLP)
https://www.skadden.com/insights/publications/2023/04/quarterly-insights/ai-and-patent-law
48 ibid
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The concept of inventorship in relation to AI-generated inventions is a dynamic phenomenon that
is currently undergoing evolution. The interpretation and approaches to this concept may vary
across different jurisdictions. The intricacies of AI-generated inventions pose a challenge for legal
systems and patent offices, prompting ongoing deliberations aimed at devising guidelines and
policies that effectively tackle the distinctive opportunities and challenges associated with such
inventions. The objective is to incentivize and acknowledge genuine innovation, while inhibiting
the issuance of patents for trivial or evident enhancements that could impede advancement and
rivalry within the industry.
5.4 The obstacles and factors that require careful attention when seeking to patent inventions
related to artificial intelligence.
The process of obtaining patents for inventions pertaining to artificial intelligence (AI) entails
various challenges and considerations that necessitate meticulous scrutiny. The following are
significant factors to consider:
The subject matter eligibility criteria poses a significant obstacle in securing patent protection for
inventions related to artificial intelligence. Patent offices may impose particular regulations or
limitations concerning the patentability of certain categories of inventions, such as abstract
concepts, mathematical algorithms, or natural phenomena. It is imperative to ascertain that the AI
innovation conforms to the permissible subject matter for safeguarding through patent
protection.49
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In order to obtain a patent, an invention related to artificial intelligence must demonstrate
inventiveness and non-obviousness. This implies that the innovation should exhibit a noteworthy
progression beyond the current technologies or methodologies. The determination of the
inventive step and non-obviousness of artificial intelligence (AI) inventions can present
complexities owing to the swift and continuous progress of technological advancements in this
domain.
In order for patents to be deemed valid, a comprehensive and enabling disclosure of the invention
is necessary. In the realm of AI innovations, it is imperative to furnish an unambiguous and all-
encompassing exposition of the AI algorithms, models, or techniques employed, in conjunction
with any corroborative data or instances. Inadequate disclosure has the potential to lead to the
rejection or invalidation of a patent.50
The field of artificial intelligence frequently depends on extensive datasets to facilitate the
processes of training, learning, and predictive analysis, thereby raising concerns regarding data
privacy and security. The utilisation of personal or sensitive data may be subject to patentability
challenges due to potential privacy and security issues. The consideration of data privacy
regulations and the demonstration of how the invention addresses privacy concerns or provides
robust security measures are crucial aspects to be considered.
The patentability of software, which encompasses AI algorithms, may be subject to particular
requirements or restrictions in certain jurisdictions. To be deemed patentable, the software may
be required to generate a technical outcome or address a technical predicament. It is imperative to
comprehend the patentability criteria for software-based innovations in the relevant jurisdiction.
The concept of prior art and novelty is a fundamental principle in patent law. It dictates that
patents can only be awarded to inventions that are deemed novel, i.e., they have not been publicly
50 ibid
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disclosed or utilised prior to the filing of the patent application. Undertaking a comprehensive
prior art investigation to ascertain the presence of pre-existing AI-related technologies,
publications, or patents is of paramount importance. The establishment of novelty in an invention
is crucial as it mitigates the risk of potential rejections that may arise due to a lack of novelty.51
The timing of patenting AI-related inventions is critical due to the swift pace of AI innovation, as
per the patent strategy. Strategic planning of patent filing, including the identification of the
optimal timing for submitting the application, is a critical aspect of the process. Postponing the
submission of the patent application may lead to the publication of prior art or the submission of
similar applications by other inventors, which could potentially compromise the patentability.
The global commercialization and development of AI inventions necessitates international
considerations. It is imperative to consider the patentability criteria and prerequisites across various
jurisdictions. Certain nations have distinct regulations or directives pertaining to the patenting of
technologies related to artificial intelligence, and it can be advantageous to consult with patent
attorneys who possess specialised knowledge in the field of AI.52
5.5: Examination of the legal and policy viewpoints pertaining to the patentability and
inventorship of AI-related inventions.
The process of obtaining patents for inventions pertaining to artificial intelligence (AI) entails
various challenges and considerations that necessitate meticulous scrutiny. The following are
significant factors to consider:
51 ibid
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The subject matter eligibility criteria poses a significant obstacle in securing patent protection for
inventions related to artificial intelligence. Patent offices may impose particular regulations or
limitations concerning the patentability of certain categories of inventions, such as abstract
concepts, mathematical algorithms, or natural phenomena. It is imperative to ascertain that the AI
innovation conforms to the permissible subject matter for safeguarding through patent
protection.53
In order to obtain a patent, an invention related to artificial intelligence must demonstrate
inventiveness and non-obviousness. This implies that the innovation should exhibit a noteworthy
progression beyond the current technologies or methodologies. The determination of the
inventive step and non-obviousness of artificial intelligence (AI) inventions can present
complexities owing to the swift and continuous progress of technological advancements in this
domain.
In order for patents to be deemed valid, a comprehensive and enabling disclosure of the invention
is necessary. In the realm of AI innovations, it is imperative to furnish an unambiguous and all-
encompassing exposition of the AI algorithms, models, or techniques employed, in conjunction
with any corroborative data or instances. Inadequate disclosure has the potential to lead to the
rejection or invalidation of a patent.
The field of artificial intelligence frequently depends on extensive datasets to facilitate the
processes of training, learning, and predictive analysis, thereby raising concerns regarding data
privacy and security. The utilisation of personal or sensitive data may be subject to patentability
challenges due to potential privacy and security issues. The consideration of data privacy
regulations and the demonstration of how the invention addresses privacy concerns or provides
robust security measures are crucial aspects to be considered.54
53 “AI and Patent Law: Balancing Innovation and Inventorship | Insights | Skadden, Arps, Slate, Meagher & Flom
54 ibid
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The patentability of software, which encompasses AI algorithms, may be subject to particular
requirements or restrictions in certain jurisdictions. To be deemed patentable, the software may
be required to generate a technical outcome or address a technical predicament. It is imperative to
comprehend the patentability criteria for software-based innovations in the relevant jurisdiction.
The concept of prior art and novelty is a fundamental principle in patent law. It dictates that
patents can only be awarded to inventions that are deemed novel, i.e., they have not been publicly
disclosed or utilised prior to the filing of the patent application. Undertaking a comprehensive
prior art investigation to ascertain the presence of pre-existing AI-related technologies,
publications, or patents is of paramount importance. The establishment of novelty in an invention
is crucial as it mitigates the risk of potential rejections that may arise due to a lack of novelty.55
The timing of patenting AI-related inventions is critical due to the swift pace of AI innovation, as
per the patent strategy. Strategic planning of patent filing, including the identification of the
optimal timing for submitting the application, is a critical aspect of the process. Postponing the
submission of the patent application may lead to the publication of prior art or the submission of
similar applications by other inventors, which could potentially compromise the patentability.
The global commercialization and development of AI inventions necessitates international
considerations. It is imperative to consider the patentability criteria and prerequisites across various
jurisdictions. Certain nations have distinct regulations or directives pertaining to the patenting of
technologies related to artificial intelligence, and it can be advantageous to consult with patent
attorneys who possess specialised knowledge in the field of AI.
In summary, Chapter 5 provides an overview of the significant discoveries and perspectives
concerning the patentability and inventorship of AI-related innovations. The statement
underscores the persistent obstacles and discussions within the patent regime, underscoring the
necessity for legal and policy structures to conform to the distinct attributes and ramifications of
55 ibid
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artificial intelligence. Through the examination of these matters, the chapter provides a more
profound comprehension of the intricate relationship among artificial intelligence, intellectual
property, and innovation within the contemporary technological milieu.56
Chapter 6: Trademark and Trade Secret Implications of AI
Chapter 6 of the present work delves into the implications of artificial intelligence (AI) on
trademarks and trade secrets.
The present chapter delves into the ramifications of Artificial Intelligence (AI) with respect to the
domains of trademark law and trade secrets. The progression of artificial intelligence (AI) and its
expanding involvement across diverse sectors presents distinctive prospects and predicaments in
the domain of intellectual property. The present chapter is centred on the influence of artificial
intelligence (AI) on safeguarding trademarks, encompassing concerns associated with AI-
generated marks and the administration of brands. Furthermore, the text explores the convergence
of artificial intelligence and trade secrets, analysing the possible hazards and protective measures
linked to the utilisation of AI in the management of trade secrets.
6.1 Analysis of the ramifications of marks generated by artificial intelligence on the legal
framework of trademark law.
In recent years, there have been notable advancements in the field of artificial intelligence (AI),
encompassing a wide array of applications, including but not limited to image recognition and
natural language processing.57 An area in which artificial intelligence has begun to establish its
56 ibid
57Floridi, L., & Cowls, J. (2019). A unified framework of five principles for AI in society. Harvard Data Science
Review, 1(1).
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presence is the realm of trademark generation. The aforementioned emerging trend, though
undoubtedly intriguing, presents a multitude of legal challenges and ramifications that warrant
careful consideration within the context of the established legal framework governing trademark
law.58 The objective of this particular section is to undertake a comprehensive analysis of the
potential ramifications that may arise as a result of the marks generated by artificial intelligence in
the context of trademark law.
The absence of human authorship has been a topic of concern in the realm of trademarks.
Traditionally, trademarks have been regarded as manifestations of human ingenuity, and their
safeguarding under trademark law has been predicated upon the notion of human authorship. The
marks produced by artificial intelligence, conversely, exhibit a dearth of direct human engagement
in their genesis. This inquiry prompts contemplation as to whether AI-generated marks ought to
be deemed eligible for trademark protection or if they should be relegated to the status of mere
machine-generated content.59 It is conceivable that a re-evaluation of the existing legal framework
may be warranted in order to effectively tackle the aforementioned issue.
The concept of distinctiveness, as it pertains to trademark law, necessitates that marks possess the
inherent ability to identify the origin of goods or services and effectively differentiate them from
those offered by other entities.60 Nevertheless, it is worth considering that marks generated by
artificial intelligence may potentially exhibit a deficiency in terms of the distinctive qualities and
imaginative attributes that are commonly associated with marks produced by human intellect. It is
of utmost importance to evaluate the extent to which AI-generated marks satisfy the criterion of
Floridi, L., Cowls, J., Beltrametti, M., Chatila, R., Chazerand, P., Dignum, V., ... & Valcke, P. (2018). AI4People—
58
An ethical framework for a good AI society: Opportunities, risks, principles, and recommendations. Minds and
Machines, 28(4), 689-707.
59Howe, D. C., & Nissenbaum, H. (2017). Big data, privacy, and the public good: Frameworks for
engagement. Cambridge University Press.
60 Ibid.
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distinctiveness and whether consumers are capable of perceiving them as indicators of origin. The
aforementioned contemplation compels us to undertake a reassessment of the legal criteria
employed in evaluating the uniqueness of trademarks generated by artificial intelligence.
The issue of ascertaining ownership and rights pertaining to marks generated by artificial
intelligence presents a formidable obstacle. In accordance with established convention, the
allocation of trademark rights is typically bestowed upon the originator or the entity responsible
for the creation of said mark. In the context of AI-generated assessments, the progenitor could
potentially manifest as an AI framework under the control of a human operator or as an
independent AI system in its own right. In light of the aforementioned circumstances, inquiries
emerge pertaining to the individual or entity deserving of recognition as the rightful proprietor of
the aforementioned mark, as well as the extent to which the existing legal structure effectively
encompasses and resolves these intricate matters of ownership.61
The primary objective of trademark law is to mitigate consumer confusion by safeguarding
individuals from the potential misrepresentation or resemblance of marks that could engender
uncertainty regarding the source or provenance of goods or services. The utilisation of AI-
generated marks engenders a heightened potential for both infringement and consumer confusion.
AI systems have the capability to produce marks that bear a striking resemblance to pre-existing
trademarks, thereby posing a potential risk of trademark infringement. The aforementioned
statement calls for a comprehensive reassessment of the established legal criteria utilised in
ascertaining the probability of confusion within legal proceedings pertaining to trademarks
generated by artificial intelligence.62
The utilisation of commerce and non-traditional marks is a subject of great significance in the
realm of intellectual property. This particular area of study delves into the various ways in which
businesses and individuals can employ distinctive signs and symbols to establish them.
61 ibid
62 ibid
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The field of trademark law has historically centred its attention on the examination of marks
employed within the realm of commerce for the purpose of distinguishing and identifying specific
goods or services. Nevertheless, it is worth noting that the incorporation of AI-generated marks
may not align seamlessly within the confines of this conventional framework. As an illustration,
the utilisation of AI-generated evaluations may be observed within AI systems themselves, such
as chatbots or virtual assistants, as opposed to their utilisation by human entities. The
aforementioned matter prompts inquiries regarding the suitability of conventional trademark
legislation in relation to atypical applications of AI-generated marks, thereby necessitating potential
legal modifications.63
6.2 influence of AI technology on brand management strategies.
In this particular section, we shall delve into the profound impact that AI technology has had on
brand management strategies.
In recent years, the advent of artificial intelligence (AI) technology has indisputably emerged as a
profoundly transformative force permeating diverse industries. The field of brand management,
which holds immense significance within the realm of marketing, has experienced notable
transformations due to the remarkable capabilities of artificial intelligence. In this particular
section, we shall delve into the profound impact that AI technology has on brand management
strategies, thereby shedding light on the myriad advantages it offers as well as the consequential
implications it poses for businesses.
63Ramakrishna T, “Impact of Artificial Intelligence (AI) on Trademark Law: Convergences and Ramifications”
[2021] DPIIT, MCI Chair on Intellectual Property Rights & Centre for Intellectual Property Rights Research and
Advocacy National Law School of India University, Bangalore https://iprlawindia.org/wp-
content/uploads/2021/04/Harsh-Pati-Tripathi.pdf
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6.2.1 Enhanced Customer Insights and Personalization
This aspect of business strategy involves the utilisation of advanced techniques and technologies
to gain a deeper understanding of customers and tailor offerings to their specific needs and
preferences.
The advent of AI technology has indeed brought about a paradigm shift in the manner in which
brands undertake the collection and analysis of customer data. This transformative technology has
empowered these brands to acquire more profound insights into the intricate dynamics of
consumer behaviour and preferences. By virtue of employing sophisticated algorithms and
leveraging machine learning methodologies, artificial intelligence (AI) possesses the capability to
effectively handle copious quantities of data originating from a multitude of sources, encompassing
but not limited to social media platforms, online interactions, and historical records of purchases. 64
The utilisation of a data-driven approach enables brands to attain a more comprehensive
understanding of their target audience, thereby facilitating the ability to make informed decisions
pertaining to branding strategies.65
Through the utilisation of AI-powered analytics tools, brands possess the capability to discern
patterns, trends, and correlations within the vast expanse of customer data. This newfound ability
empowers them to craft experiences of utmost personalization, tailored to the unique preferences
and needs of individual customers. AI algorithms possess the capability to effectively segment
customers by considering their preferences, demographics, and behaviours. This enables brands
64Serge-Lopez Wamba-Taguimdje, Samuel Fosso Wamba, Kala Kamdjoug Jean Robert, and Chris Emmanuel
Tchatchouang, "Influence of Artificial Intelligence (AI) on Firm Performance: The Business Value of AI-based
Transformation Projects" (2020) Accessed on 30 May 2023.
65 “Generative AI Has an Intellectual Property Problem” (Harvard Business Review, April 7, 2023)
https://hbr.org/2023/04/generative-ai-has-an-intellectual-property-problem
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to adeptly deliver messages and offers that are specifically tailored to meet the unique needs and
desires of each individual customer. The degree of personalization at hand serves to augment
customer engagement, fortify brand loyalty, and ultimately propel sales.
6.2.2 Improved Customer Service and Communication
The utilisation of AI-powered chatbots and virtual assistants has experienced a notable surge in
prominence within the realm of brand management strategies. Intelligent systems of this nature
employ the utilisation of natural language processing and machine learning techniques to engage
with customers in real-time, thereby furnishing expeditious assistance and dispensing pertinent
information. Through the implementation of artificial intelligence, chatbots have the capability to
automate customer service operations, thereby providing uninterrupted support to customers at
any given time. This technological advancement guarantees a smooth and highly effective
customer journey, enhancing overall satisfaction.66
Chatbots not only possess the ability to effectively handle frequently asked questions, but they also
possess the capability to offer tailored recommendations and suggestions that are specifically
tailored to the individual preferences of the customer. They possess the capability to provide
valuable aid to clientele in the identification of suitable merchandise or services, the resolution of
concerns or difficulties, and even the provision of assistance subsequent to the completion of a
purchase. The utilisation of an AI-driven methodology in the realm of customer service serves to
augment the perception of a brand by providing expeditious and precise aid, thereby resulting in
66Gillespie, T. (2014). The relevance of algorithms. In Media technologies: Essays on communication, materiality,
and society (pp. 167-194). MIT Press.
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heightened levels of customer contentment, and fostering favourable associations with said
brand.67
6.2.3 Predictive Analysis and Forecasting
The utilisation of AI technology enables brands to effectively forecast consumer trends,
proactively anticipate market fluctuations, and judiciously formulate decisions based on data-
driven insights. Through the meticulous examination of historical data, artificial intelligence
algorithms possess the remarkable capability to discern intricate patterns and, subsequently,
prognosticate forthcoming outcomes with a remarkable level of precision. The utilisation of
predictive analysis facilitates the optimisation of brand management strategies for various brands,
as it enables the anticipation of forthcoming changes in consumer behaviour, market demands,
and competitive landscapes.68
AI-based forecasting models have the capability to aid brands in the prediction of product demand,
optimisation of pricing strategies, as well as the identification of potential risks or opportunities.
Through the utilisation of this predictive capability, brands possess the ability to synchronise their
marketing endeavours, production strategies, and inventory control in order to efficiently cater to
the demands of their esteemed customers. The utilisation of this proactive approach serves to
mitigate operational inefficiencies, optimise revenue potential, and enhance brand
competitiveness.
6.2.4 Content Creation and Curation
67 ibid
68 ibid
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In the realm of digital media, the process of content creation and curation holds significant
importance. This multifaceted endeavour involves the generation and organisation of information,
which is then disseminated to a target audience. The advent of AI technology has indeed
revolutionised the manner in which brands engage in the creation and curation of content. The
utilisation of natural language processing and image recognition algorithms empowers artificial
intelligence to produce personalised and captivating content on a large scale. AI-powered content
creation tools possess the remarkable capability to generate an assortment of written materials,
including but not limited to blog posts, social media updates, and product descriptions, which
exhibit a profound resonance with the intended target audiences.69
Moreover, artificial intelligence algorithms possess the capability to meticulously examine user-
generated content, social media dialogues, and online evaluations with the purpose of meticulously
selecting pertinent and captivating content for various brands. The utilisation of automated
content curation serves to augment the prominence of a brand, stimulate active participation from
users, and cultivate a sense of loyalty and support towards said brand. Through the utilisation of
artificial intelligence in the realms of content creation and curation, brands possess the ability to
uphold a steadfast and influential brand voice across a multitude of channels.
6.2.5 Ethical Considerations and Brand Reputation
It is imperative to acknowledge the significance of ethical considerations in the business
landscape, as they play a pivotal role in shaping brand reputation. Ethical considerations
encompass the advent of AI technology undoubtedly offers a plethora of prospects for effective
69The Big Data World: Benefits, Threats and Ethical Challenges | Emerald Insight” (The Big Data World: Benefits,
https://www.emerald.com/insight/content/doi/10.1108/S2398-601820210000008007/full/html
Page 72 of 133

brand management. However, it is imperative for businesses to conscientiously confront the
ethical implications that accompany such advancements.70 It is imperative for brands to ensure
that the systems and algorithms powered by artificial intelligence exhibit transparency, fairness,
and uphold the privacy of users. The identification and mitigation of biases inherent in AI
algorithms are imperative in order to avert inadvertent consequences or discriminatory practises.
Furthermore, it is imperative for brands to effectively manage the equilibrium between AI
automation and human interaction in order to uphold the genuineness and emotional rapport with
their esteemed clientele. Although artificial intelligence (AI) undeniably has the potential to
augment efficiency and effectiveness, it is imperative to acknowledge that human touchpoints
continue to hold significant importance.71
When it comes to the establishment of trust and the cultivation of significant brand relationships,
it is imperative to employ effective strategies.
In summation, it can be posited that artificial intelligence (AI) technology exerts a profound
influence on the realm of brand management strategies, bestowing upon it a plethora of
advantages. These advantages encompass augmented customer insights, refined customer service
provisions, prognosticative analysis capabilities, automated content generation, and the facilitation
of content curation. Nevertheless, it is imperative for businesses to adeptly navigate the intricate
web of ethical considerations that are inherently intertwined with the utilisation of artificial
70Anderson, M., & Anderson, S. L. (2011). Machine ethics: Creating an ethical intelligent agent. AI Magazine, 32(4),
15-26.
71Sun, S., Loepp, B., Broll, G., Yang, Y., & Taylor, C. (2021). Ethical considerations in artificial intelligence systems:
A scoping review. IEEE Transactions on Technology and Society, 2(2), 164-181.
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intelligence (AI). In doing so, they must deftly strike a harmonious equilibrium between the
undeniable benefits of automation and the indispensable value of human interaction. Through the
effective utilisation of artificial intelligence (AI), brands have the opportunity to enhance their
market positioning, actively engage with customers, and cultivate enduring brand loyalty within an
ever evolving and fiercely competitive business environment.72
6.3 the ramifications of artificial intelligence (AI) on the safeguarding and administration of trade
secrets.
The present study investigates the potential of AI technologies, specifically machine learning
algorithms, to heighten the likelihood of trade secret misappropriation. This is due to their capacity
to analyse extensive datasets and extract valuable information. The present chapter delves into the
difficulties associated with safeguarding trade secrets in the era of Artificial Intelligence (AI) and
scrutinises plausible protective measures, such as technological safeguards, confidentiality
agreements, and trade secret management tactics.73
6.4 The legal and policy implications of AI's influence on trademarks and trade secrets.
The expeditious advancement of artificial intelligence (AI) and its progressively pervasive
integration across diverse sectors have engendered noteworthy legal and policy apprehensions
pertaining to its impact on trademarks and trade secrets. Trademarks and trade secrets are of
utmost importance in safeguarding the rights pertaining to intellectual property (IP) and fostering
an environment of equitable competition. As the field of AI technology progresses, it presents a
72 “Fair Use: Training Generative AI - Creative Commons” (Creative Commons, February 17, 2023)
https://creativecommons.org/2023/02/17/fair-use-training-generative-ai/
73 “Ethical Concerns Mount as AI Takes Bigger Decision-Making Role” (Harvard Gazette, October 26, 2020)
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myriad of prospects and obstacles within the realm of trademarks and trade secrets. Consequently,
it becomes imperative to meticulously deliberate upon the legal frameworks and policies that
govern these domains. In the subsequent segment, we shall undertake a comprehensive analysis
of the fundamental legal and policy ramifications that ensue from the influence of artificial
intelligence on trademarks and trade secrets.
6.4.1 Trademarks and AI
Trademarks, my dear interlocutor, are indeed remarkable and distinctive signs that manifest
themselves in various forms, such as logos or brand names. These signs, I must emphasise, serve
a paramount purpose in the realm of commerce, as they enable discerning consumers to identify
and discern between various goods or services that are made available in the vast marketplace. The
impact of artificial intelligence on the realm of trademarks presents a plethora of innovative factors
that necessitate careful examination within the context of legal and policy frameworks. The
subsequent points shall elucidate several significant ramifications:
The detection of trademark infringement can be facilitated through the utilisation of AI-powered
algorithms, which possess the capability to scrutinise extensive volumes of both online and offline
content. Nevertheless, one must acknowledge the inherent difficulties that arise when
endeavouring to train artificial intelligence models in the realm of accurately discerning similarities
and potential infringements, particularly in light of the subjective nature that characterises the
evaluation of trademarks.74
74 ibid
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The utilisation of artificial intelligence (AI) holds the potential to optimise and mechanise the
intricate procedure of trademark registration. This implementation of AI technology has the
capacity to enhance operational effectiveness while concurrently alleviating the onerous
administrative responsibilities associated with the registration process. Nevertheless, it is
imperative for policymakers to diligently contemplate the quandary surrounding the safeguarding
of AI-generated trademarks within the confines of current legal frameworks. This is owing to the
potential deficiency in distinctiveness or human ingenuity that may be exhibited by these
trademarks.75
The emergence of AI technologies, specifically those that facilitate the creation of content such as
deepfakes or virtual influencers, has given rise to legitimate concerns regarding the potential for
trademark dilution. Policymakers are tasked with the critical responsibility of evaluating the
sufficiency of existing legislation in effectively tackling the issue of unauthorised utilisation of
trademarks within the realm of AI-generated content.
The potential impact of artificial intelligence on trademarks has the capacity to engender novel
manifestations of consumer confusion. In the realm of voice-activated virtual assistants, it is
plausible that these technological entities may, albeit unintentionally, proffer recommendations or
engage in purchases that encroach upon the realm of trademark infringement. The imperative for
the evolution of legal and policy frameworks is apparent in light of the emerging challenges at
hand.
6.4.2 Trade Secrets and AI
Trade secrets are a category of highly valuable and confidential business information that is not
publicly available. These secrets serve as a means for companies to gain a competitive edge over
75 ibid
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their rivals in the marketplace. The impact of artificial intelligence on trade secrets gives rise to a
multitude of legal and policy considerations that warrant careful examination and analysis.
Data security is a paramount concern when it comes to the utilisation of artificial intelligence (AI)
systems. These systems frequently rely on extensive datasets in order to derive meaningful insights.
However, it is important to note that these datasets may encompass sensitive trade secret
information. The preservation of data security assumes paramount importance in order to avert
any unauthorised breach or divulgence that may potentially jeopardise the integrity of trade secrets.
It is imperative for policymakers to diligently ascertain that the extant data protection regulations
sufficiently encompass and account for the distinctive perils presented by artificial intelligence (AI)
technologies.76
Reverse engineering is a practise wherein artificial intelligence algorithms are employed to
scrutinise various products or processes with the aim of extracting valuable information. This
endeavour, however, carries the potential risk of trade secret misappropriation. It is imperative
that legal frameworks be promptly revised in order to effectively confront the multifaceted
challenges that arise from the utilisation of artificial intelligence in the practise of reverse
engineering. Furthermore, these revisions must be undertaken with the primary objective of
guaranteeing the provision of suitable redress for proprietors of trade secrets.77
The subject at hand pertains to employee mobility, specifically in relation to the influence of
artificial intelligence (AI) on trade secrets. This influence has given rise to heightened concerns
76 Meyers J, “Artificial Intelligence and Trade Secrets” (2019)

february/artificial-intelligence-trade-secrets-webinar/ accessed May 30, 2023
77 ibid
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surrounding the potential disclosure of trade secrets by employees, albeit unintentionally.
Policymakers ought to engage in a thorough reassessment of non-compete agreements and trade
secret protection measures in order to effectively address the ramifications of AI on the
preservation of employee knowledge and the unintentional disclosure of trade secrets.78
The subject matter at hand pertains to the concept of algorithmic fairness. It is worth noting that
artificial intelligence (AI) algorithms, when trained on data that is classified as trade secrets, have
the potential to unintentionally perpetuate biases or disclose information that is safeguarded and
not meant to be disclosed. Policymakers are tasked with the imperative duty of delving into various
avenues to alleviate these risks, thereby fostering the cultivation of responsible artificial intelligence
(AI) while simultaneously upholding the sanctity of trade secrets and guaranteeing equity.79
6.4.3 Policy Considerations
In order to adequately examine the legal and policy ramifications stemming from the impact of
artificial intelligence (AI) on trademarks and trade secrets, it is imperative for policymakers to
deliberate upon the following measures:
It is imperative to undertake a comprehensive review and subsequent update of the prevailing
intellectual property (IP) laws. Specifically, our attention should be directed towards the existing
trademark and trade secret laws, with the aim of evaluating their efficacy in effectively addressing
the multifaceted challenges posed by artificial intelligence (AI). Given the rapid advancements in
78 Meyers J, “Artificial Intelligence and Trade Secrets” (2019)

february/artificial-intelligence-trade-secrets-webinar/ accessed May 30, 2023
79 ibid
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AI technology, it is crucial to ascertain whether the current legal framework sufficiently
encompasses the intricacies and complexities associated with AI-related innovations. 80
Consequently, a meticulous reassessment of the aforementioned trademark and trade secret laws
is warranted to determine their adequacy in accommodating the unique demands and intricacies
of the AI landscape. By conducting a thorough review, we can identify potential gaps and
deficiencies within Policymakers are confronted with the imperative task of delicately navigating
the intricate terrain that lies between the promotion of innovation and the safeguarding of
intellectual property (IP) rights within the realm of artificial intelligence (AI).81
The augmentation of data protection is of utmost importance, as it entails fortifying the regulations
governing the safeguarding of sensitive trade secret information from any form of unauthorised
access or disclosure. The implementation of well-defined protocols pertaining to data security
practises, data anonymization, and encryption can effectively alleviate the potential risks that may
arise in connection with the utilisation of artificial intelligence (AI) technologies.
It is imperative to foster the advancement of ethical AI development. By advocating for the ethical
utilisation of AI within the realm of trademarks and trade secrets, we can effectively tackle
apprehensions surrounding algorithmic biases and the misappropriation of trade secrets.
Policymakers ought to actively promote the cultivation of transparency, accountability, and
responsible practises pertaining to artificial intelligence within organisations.
80Veale, M., Binns, R., & Edwards, L. (2017). When data protection by design and data subject rights clash.
Journal of Information Rights, Policy and Practice, 1(2), 1-31.
https://www.wipo.int/about-ip/en/artificial_intelligence/policy.html
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In light of the inherently global nature of artificial intelligence (AI) and its profound implications
on the realms of trademarks and trade secrets, it becomes imperative to underscore the
indispensability of fostering international cooperation and collaboration. It is imperative for
policymakers to actively participate in multilateral discussions in order to establish comprehensive
frameworks that promote harmonisation and guarantee uniformity in the safeguarding of
intellectual property (IP) rights across national boundaries.82
Chapter 7: Ethical and Policy Considerations
Chapter 7 delves into the ethical and policy considerations that are relevant to the topic at hand.
The present chapter aims to explore the ethical and policy implications associated with the
integration of Artificial Intelligence (AI) in diverse domains.83 The increasing advancement and
integration of AI technologies in various societal domains necessitates a thorough examination of
the ethical considerations and policy frameworks that ought to accompany their creation and
implementation.84 The objective of this chapter is to examine the ethical dilemmas that arise in the
context of artificial intelligence, deliberate on pertinent policy considerations, and put forth
suggestions for tackling these concerns in a conscientious and enduring manner.85
82 Calo, R. (2017). Artificial intelligence policy: A primer and roadmap. Policy & Internet, 9(3), 268-297.
83“The Big Data World: Benefits, Threats and Ethical Challenges | Emerald Insight” (The Big Data World: Benefits,
https://www.emerald.com/insight/content/doi/10.1108/S2398-601820210000008007/full/html
84 AI4ALL. (2021). Ethics, Equity & AI Toolkit. Retrieved from https://www.ai4all.org/ethics-equity-ai-toolkit/
85Anderson, M., & Anderson, S. L. (2011). Machine ethics: Creating an ethical intelligent agent. AI Magazine, 32(4),
15-26.
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7.1 The ethical implications of artificial intelligence (AI) are a significant concern in academic
discourse.
The expeditious progressions in artificial intelligence (AI) technologies have engendered
noteworthy deliberations and disputations within scholarly spheres concerning the ethical
ramifications that accompany these ground-breaking developments. As artificial intelligence
progressively infiltrates diverse domains of human existence, it engenders a plethora of intricate
ethical considerations that necessitate meticulous scrutiny and exploration.86
One of the foremost considerations pertaining to the realm of AI ethics revolves around the
prospective ramifications on employment and the intricate dynamics of the workforce. In light of
the escalating automation of various tasks, there exists a mounting sense of concern regarding the
potential displacement of jobs and the subsequent emergence of socio-economic inequalities that
may ensue. As artificial intelligence systems continue to advance in their capacity to execute tasks
that have historically been within the purview of human beings, it becomes imperative to confront
the ethical obligation of guaranteeing a fair and equitable transition for workers who are impacted
by these developments.87 Moreover, it is crucial to cultivate avenues for retraining and enhancing
the skill sets of these individuals, thereby enabling them to seize new opportunities that arise as a
result of this technological progress.88
One of the most noteworthy ethical quandaries pertains to the presence of bias and the concept
of fairness within artificial intelligence algorithms. Artificial intelligence (AI) systems are
86 European Commission. (2019). Ethics guidelines for trustworthy AI. Retrieved from https://ec.europa.eu/digital-
single-market/en/news/ethics-guidelines-trustworthy-ai
87 Zwitter, A. (2014). Big data ethics. Big Data & Society, 1(2), 2053951714559253.
88Jobin, A., Ienca, M., & Vayena, E. (2019). Artificial intelligence: The global landscape of ethics guidelines. Nature,
569(7755), 379-381.
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meticulously engineered to acquire knowledge from extensive datasets, a process that can
inadvertently propagate and magnify pre-existing societal biases inherent within said data.89 The
aforementioned observations give rise to apprehensions regarding the manifestation of
discriminatory consequences and the plausible perpetuation of societal stereotypes across diverse
spheres, including but not limited to recruitment procedures, the criminal justice system, and the
domain of financial lending. Achieving a harmonious equilibrium between the benefits of artificial
intelligence and the prevention of discriminatory practises necessitates a judicious and deliberate
strategy pertaining to the design of algorithms, the collection of data, and the continuous vigilance
in monitoring these processes.90
In the contemporary era of artificial intelligence, it is imperative to acknowledge the paramount
significance of privacy and data protection as ethical quandaries. AI technologies frequently
depend on the acquisition and meticulous examination of copious amounts of data, thereby
engendering inquiries pertaining to the suitable utilisation and safeguarding of personal
information. Safeguarding the privacy rights of individuals, ensuring that informed consent is
obtained, and establishing robust data governance frameworks are of utmost importance in order
to uphold trust and mitigate the potential negative consequences that may arise from data misuse
or breaches.91
The transparency and explainability of AI systems constitute supplementary ethical dimensions
that warrant considerable attention. The intricate AI algorithms, exemplified by deep neural
89 Floridi, L. (2019). Soft ethics and the governance of the digital. Philosophy & Technology, 32(1), 1-8.
90European Commission. (2020). White paper on artificial intelligence: A European approach to excellence and
trust. Retrieved from https://ec.europa.eu/info/sites/default/files/commission-white-paper-artificial-intelligence-
feb2020_en.pdf
91Jobin, A., Ienca, M., & Vayena, E. (2019). Artificial intelligence: The global landscape of ethics guidelines. Nature,
569(7755), 31-34.
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networks, frequently function in a manner akin to "black boxes," thereby presenting a formidable
obstacle in comprehending the underlying decision-making mechanisms and grasping the rationale
behind their resultant outputs. The absence of transparency within a given context has the
potential to significantly impede the establishment of accountability, hinder the attainment of
public comprehension, and conceivably result in outcomes that are unjust or biassed in nature.
The development of explainable AI models and the subsequent implementation of mechanisms
for auditing and accountability serve as effective measures to address these concerns and facilitate
the establishment of trust and comprehension among users of AI systems.92
The ethical considerations surrounding artificial intelligence encompass not only its fundamental
principles but also extend to the domain of autonomous systems and their decision-making
capacities. As the utilisation of artificial intelligence (AI) becomes more prevalent in crucial sectors
such as healthcare, transportation, and defence, a multitude of inquiries emerge pertaining to the
distribution of responsibility and accountability in instances where AI systems render decisions
that directly affect human lives. The pressing challenge at hand involves the determination of
suitable legal and ethical frameworks that shall govern the behaviour and decision-making
processes of autonomous systems. This task requires the collaborative efforts of various disciplines
and a meticulous examination of societal values.93
7.1.1 Fairness and Bias:
In the realm of fairness and bias, it is imperative to delve into the intricacies of this multifaceted
topic. The paramount significance of guaranteeing equity and minimising prejudice in decision-
92Jobin, A., Ienca, M., & Vayena, E. (2019). The global landscape of AI ethics guidelines. Nature Machine
Intelligence, 1(9), 389-399.
93Jobin, A., Ienca, M., & Vayena, E. (2021). The global landscape of AI ethics guidelines. Nature Machine
Intelligence, 3(4), 316-322.
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making procedures is evident across diverse domains. This particular sub-section delves into the
importance of fairness and bias considerations, shedding light on the potential ramifications that
may arise from neglecting these facets. Furthermore, this resource offers comprehensive guidelines
and strategic approaches to effectively foster equity and mitigate the influence of prejudice in the
process of making decisions.94
Fairness, in its essence, pertains to the just and impartial treatment bestowed upon individuals or
groups, devoid of any inclination towards favouritism or discrimination. Bias, conversely,
epitomises the methodical departure from impartiality, culminating in inequitable advantages or
disadvantages for specific individuals or collectives. The consideration of fairness and bias in
decision-making processes is of utmost importance in order to maintain and uphold ethical
standards, as well as to guarantee equitable opportunities for all individuals and parties involved.95
The significance of fairness and bias considerations cannot be overstated. It is imperative to
recognise and address these factors in any decision-making process, particularly in the realms of
academia, research, and policy development. Fairness entails treating all individuals and groups
equitably, without favourite96
94Selbst, A. D., Boyd, D., Friedler, S. A., Venkatasubramanian, S., & Vertesi, J. (2019). Fairness and abstraction in
sociotechnical systems. Proceedings of the Conference on Fairness, Accountability, and Transparency, 59-68.
95Veale, M., & Binns, R. (2017). Fairness and accountability design needs for algorithmic support in high-stakes
public sector decision-making. In Proceedings of the Conference on Fairness, Accountability, and Transparency (pp.
149-159).
96Veale, M., Binns, R., & Edwards, L. (2018). Fairness and accountability design needs for algorithmic support in
high-stakes public sector decision-making. Proceedings of the 2018 CHI Conference on Human Factors in
Computing Systems, 1-14.
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a. Social Implications: Unjust decision-making processes possess the potential to sustain
societal disparities, fortify prejudiced behaviours, and marginalise communities that are
underrepresented. Through the recognition and appreciation of the paramount significance
of fairness and the conscientious examination of bias considerations, organisations possess
the capacity to actively contribute to the cultivation and promotion of inclusivity and social
justice within their respective spheres.
b. In the realm of legal and regulatory compliance, it is imperative to acknowledge that
numerous jurisdictions have enacted a plethora of laws and regulations with the explicit
purpose of ensuring equitable treatment and preventing any form of discriminatory practises
across diverse domains. Failure to adequately address concerns related to fairness and bias
can potentially result in legal ramifications, inflict damage upon one's reputation, and erode
public trust.97
The ramifications of neglecting the principles of fairness and bias are of utmost significance and
warrant careful consideration. Failure to acknowledge and address these critical aspects can lead
to a multitude of adverse outcomes. It is imperative to comprehend the potential consequences
that may arise from such oversight, as they98
a. The phenomenon of unintended discrimination arises when decision-making processes are
influenced by biases, leading to the unfortunate consequences of excluding, marginalising,
Verma, S., & Rubin, J. (2018). Fairness definitions explained. In Proceedings of the 2018 ACM Conference on
97
Economics and Computation (pp. 767-768).
98Zeide, E. (2017). The connection between privacy and fairness in machine learning. Duke Law & Technology
Review, 16, 305-328.
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or mistreating individuals or groups. These biases may be rooted in various factors, including
but not limited to race, gender, age, socioeconomic status, or disability. The perpetuation of
systemic biases and the reinforcement of pre-existing social inequities are potential
consequences of this phenomenon.
b. The negative impact on stakeholders is a matter of great concern. Unjust decisions have the
potential to inflict psychological distress upon the affected individuals or groups, leading to
economic disadvantages and impeding their access to valuable resources and opportunities.
The aforementioned circumstances may potentially result in a decline in active participation,
decreased efficiency, and a waning sense of confidence in those responsible for making
decisions.
In this discourse, we shall elucidate the guidelines pertaining to the promotion of fairness and the
mitigation of bias. It is of utmost importance to cultivate an environment that fosters equity and
impartiality, particularly in contexts where disparities and prejudices may be prevalent. By adhering
to these guidelines, we can endeavour99
a. The imperative of fostering an understanding of fairness, bias, and their implications among
decision-makers and stakeholders is of utmost importance in the realm of awareness and
education. It is imperative to elucidate the salient matter of potential biases that may exert
influence upon decision-making processes, and concurrently underscore the paramount
significance of attaining equitable outcomes.
99 Zarsky, T. Z. (2016). The trouble with algorithmic decisions: An analytic road map to examine efficiency and
fairness in automated and opaque decision making. Science, Technology, & Human Values, 41(1), 118-132.
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b. The meticulous undertaking of data collection and subsequent analysis. The primary
objective is to gather pertinent data that will facilitate the identification of potential biases
inherent within decision-making systems. Please conduct a thorough analysis of the data in
order to evaluate any disparities that may exist and to pinpoint specific areas where bias
could potentially be present.
c. Regular audits and reviews are an essential component of any well-functioning system.
These processes serve to evaluate the effectiveness and efficiency of various operations,
ensuring that they align with established standards and objectives. By systematically
examining and It is imperative to engage in periodic audits and comprehensive evaluations
of decision-making procedures in order to detect and rectify any potential biases that may
be present. In order to ensure the continuous monitoring and evaluation of fairness, it is
imperative to implement appropriate mechanisms. These mechanisms will serve as essential
tools to assess and scrutinise the level of fairness in a given context. By employing such
mechanisms, we can effectively gauge the extent to which fairness is being upheld and
identify any potential areas of concern or improvement. One such mechanism is100
d. Algorithmic Transparency and Accountability is a crucial aspect to consider in situations
where algorithms are employed for decision-making purposes. It is imperative to uphold
transparency and accountability by offering explanations for the outcomes generated by
these algorithms. Additionally, it is essential to consistently evaluate the impact of these
outcomes on fairness and bias.
100Buolamwini, J., & Gebru, T. (2018). Gender shades: Intersectional accuracy disparities in commercial gender
classification. In Proceedings of the Conference on Fairness, Accountability, and Transparency (pp. 77-91).
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e. The imperative of fostering diversity and inclusion is to be upheld within the composition of
decision-making teams, as it serves to mitigate the propensity for biassed decision-making. To
optimise the overall equity of the process, it is imperative to integrate viewpoints stemming from
individuals hailing from a myriad of backgrounds and experiences.
The implementation of mechanisms for feedback and continuous improvement is of utmost
importance in order to effectively address any biases that may arise over the course of time. It is
imperative to consistently re-evaluate decision-making processes in order to accommodate
evolving societal norms and optimal methodologies.101
By incorporating fairness and bias considerations into the decision-making processes,
organisations have the ability to foster equity, inclusivity, and social responsibility. The
aforementioned endeavours not only serve to augment the comprehensive equity of decision-
making processes, but also play a pivotal role in cultivating trust and nurturing favourable
associations with relevant stakeholders.
7.1.2 Privacy and Data Protection:
The present study delves into the ethical considerations associated with the acquisition, retention,
and utilisation of personal information by artificial intelligence (AI) systems.102 Specifically, the
focus is on privacy and data protection concerns. The significance of safeguarding privacy,
101Friedler, S. A., Scheidegger, C., & Venkatasubramanian, S. (2019). A comparative study of fairness-enhancing
interventions in machine learning. In Proceedings of the Conference on Fairness, Accountability, and Transparency
(pp. 329-338).
Gürses, S., & van Hoboken, J. (2018). Privacy in a data-driven world: Developing a research agenda. Philosophy
102
& Technology, 31(4), 489-492.
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obtaining informed consent, and exhibiting responsible conduct in the management of
confidential data is a topic of discussion.103
7.1.3 Transparency and explainability
One of the key challenges in the field of artificial intelligence is to ensure transparency and
explainability in AI systems, which would allow users to comprehend the decision-making process.
This discourse pertains to the ethical responsibility of offering justifications, particularly in crucial
fields such as healthcare or legal settings.
7.2 Policy Considerations for AI Governance:
In this particular section, we shall delve into the realm of policy considerations for the governance
of artificial intelligence (AI). It is imperative to comprehend the significance of formulating
appropriate policies in order to regulate and guide the development, deployment, and utilisation
of AI technologies. By doing.
Introduction: In light of the rapid advancements in artificial intelligence (AI), it becomes
imperative to establish governance frameworks that effectively guarantee the responsible and
advantageous development and deployment of AI. Policy considerations assume a paramount
significance in the realm of AI governance, as they assume the responsibility of furnishing
guidelines, regulations, and ethical frameworks that serve as a compass for the development,
deployment, and utilisation of AI systems. In the forthcoming segment, we shall delve into a
Howe, D. C., & Nissenbaum, H. (2017). Big data, privacy, and the public good: Frameworks for engagement.
103
Cambridge University Press.
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comprehensive examination of pivotal policy considerations that necessitate due consideration for
the purpose of ensuring efficacious governance of artificial intelligence.104
The foundation of AI policies should be firmly grounded in robust ethical principles and a
profound reverence for the fundamental rights of humanity. When considering the development
and deployment of AI systems, it is imperative to prioritise certain fundamental values. These
values encompass fairness, transparency, accountability, and the safeguarding of individual privacy.
Policies ought to additionally guarantee that artificial intelligence (AI) systems refrain from
transgressing fundamental human rights and are purposefully crafted to yield societal benefits in
their entirety.105
The paramount significance of accountability and transparency in AI systems should be duly
emphasised within policy frameworks. It is imperative that those individuals involved in the
development and deployment of artificial intelligence systems assume responsibility for the
resultant outcomes and impacts. It is imperative that policies necessitate the provision of lucid
documentation pertaining to the artificial intelligence algorithms employed, the sources of data
utilised, and the processes involved in decision-making. The promotion of transparency is highly
advisable in order to cultivate a sense of public confidence, facilitate comprehensive audits, and
facilitate impartial assessments of artificial intelligence (AI) systems.106
Data governance is a crucial aspect that necessitates attention when formulating effective policies
for the governance of artificial intelligence (AI). These policies should be designed to tackle the
106 ibid
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various challenges associated with data governance. It is imperative that one ensures the
meticulous adherence to pertinent privacy and data protection regulations in all aspects of data
collection, storage, and utilisation. Policies ought to duly consider matters pertaining to data bias,
data quality, and the imperative of encompassing diverse and representative datasets, so as to
effectively avert any potential discriminatory outcomes.107
Policy considerations ought to encompass the matter of equity within artificial intelligence systems,
with the aim of averting any discriminatory practises. The formulation of policies ought to be
oriented towards the advancement of algorithms and models that are devoid of bias, thereby
guaranteeing equitable treatment and opportunities for all individuals, irrespective of their
demographic characteristics. It is imperative that routine audits and evaluations be undertaken in
order to discern and rectify any potential biases that may manifest within artificial intelligence
systems.108
In the realm of AI governance, it is imperative that policies place utmost importance on the
preservation of safety and security pertaining to AI systems. It is imperative to establish
comprehensive standards and regulations pertaining to the testing, validation, and certification of
artificial intelligence (AI) technologies. This is essential in order to guarantee their reliable and
secure operation. In addition to other considerations, it is imperative that policies encompass the
apprehensions pertaining to the conceivable malevolent utilisation of artificial intelligence (AI) and
establish measures to safeguard against cyber threats and attacks.109
107 ibid
109 ibid
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In light of the inherently global scope of both the development and implementation of artificial
intelligence (AI), it is imperative that policies pertaining to the governance of AI actively promote
and facilitate international collaboration and cooperation. It is imperative that governments,
organisations, and experts hailing from various nations collaborate harmoniously in order to
formulate universally accepted standards, exemplary methodologies, and comprehensive directives
for the responsible advancement of artificial intelligence. It is imperative that international
agreements be established in order to effectively tackle the multifaceted challenges posed by
artificial intelligence across borders. Such agreements should not only serve as a means to promote
the sharing of valuable information, but also to facilitate collaborative research endeavours among
nations.110
In the realm of AI governance, it is imperative to consider the profound influence that AI has on
the workforce. Consequently, it is essential to accord utmost importance to the domains of
education and skill development. One ought to advocate for initiatives that facilitate the acquisition
of requisite skills by individuals, thereby enabling them to effectively adapt to the dynamic job
market. Furthermore, it is imperative to ensure a fair and equitable transition for those individuals
who may be adversely impacted by the automation driven by artificial intelligence. Policies ought
to be formulated in a manner that effectively promotes the cultivation of lifelong learning and
reskilling initiatives, thereby endowing individuals with the necessary tools to flourish within a
society that is increasingly influenced by artificial intelligence.
It is imperative to acknowledge the significant impact that policy considerations have on the
formation of AI governance frameworks. These frameworks are designed to foster the responsible
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and advantageous advancement and implementation of AI systems. Through the consideration
and incorporation of ethical principles, accountability measures, transparency protocols, data
governance frameworks, fairness standards, safety precautions, international collaboration efforts,
and educational initiatives, policymakers possess the capacity to construct a robust and
comprehensive framework for the governance of artificial intelligence (AI). This framework, in
turn, facilitates the delicate equilibrium between fostering innovation and safeguarding societal
values as well as fundamental human rights. It is of utmost importance to consistently assess and
revise these policies in order to remain aligned with the ever-changing AI environment and
guarantee that AI technology persistently serves the paramount welfare of humanity.111
7.3 Recommendations for Ethical AI:
In order to ensure ethical implementation of artificial intelligence (AI), several recommendations
have been proposed. These include but are not limited to.
In this particular section, we shall delve into the realm of recommendations for the ethical
implementation of artificial intelligence (AI). It is of utmost importance to ensure that AI systems
are developed and deployed in a manner that upholds ethical principles and safeguards against
The development and deployment of AI systems are heavily influenced by ethical considerations,
which hold significant importance. As the progression of AI technologies persists, it becomes
paramount for organisations and practitioners to adhere to a collection of principles in order to
guarantee the ethical and responsible design and utilisation of AI. Within this particular section,
we shall proffer a collection of recommendations pertaining to the ethical utilisation of artificial
intelligence (AI). These recommendations are intended to serve as a guiding framework for
developers, policymakers, and various other stakeholders who are actively engaged in endeavours
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to harness the vast potential of AI, all the while endeavouring to mitigate the inherent risks
associated with its implementation.
The principle of transparency and explainability necessitates that artificial intelligence (AI) systems
exhibit a level of clarity by offering lucid explanations regarding their decision-making processes.
It is imperative for developers to exert efforts towards the pursuit of rendering AI algorithms
interpretable, thereby facilitating users' comprehension of the underlying mechanisms and
rationales behind the attainment of specific outcomes. The establishment of transparency within
a given context serves to cultivate trust and accountability among individuals involved, while
concurrently affording users the opportunity to discern and address any instances of biases or
unfairness that may be present.112
Developers are obligated to guarantee the equitable nature of AI systems, thereby preventing the
perpetuation or exacerbation of pre-existing biases or discriminatory practises. It is of utmost
importance to conduct a comprehensive evaluation of the training data in order to identify any
potential biases that may be present. Furthermore, it is imperative to implement appropriate
measures to address and mitigate these biases throughout the entire lifespan of the AI system. It
is imperative that routine audits and diligent monitoring be undertaken in order to detect and
address any inadvertent biases that may manifest themselves.113
The topic at hand pertains to the intricate matter of data privacy and security, a subject of
paramount importance when it comes to the operation of AI systems. These systems, as we are
112Greene, D., Hoffmann, A. L., Stark, L., & O'Leary, D. E. (2020). Algorithmic transparency and
accountability: A public interest approach. Science, 368(6498), 157-159.
113Raji, I. D., & Buolamwini, J. (2020). Actionable auditing: Investigating the impact of publicly naming biased
performance results of commercial AI products. In Proceedings of the AAAI/ACM Conference on AI, Ethics,
and Society (pp. 199-206).
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aware, frequently depend on copious quantities of personal data, thereby necessitating the
implementation of meticulous measures to ensure the proper handling and safeguarding of said
data. It is imperative for organisations to accord utmost priority to the preservation of data privacy
and security, thereby implementing comprehensive and resilient measures to safeguard highly
sensitive information. The utilisation of data anonymization and encryption techniques is
imperative in order to mitigate the potential risks that may arise from data breaches or
unauthorised access.
Human oversight and control play a pivotal role in guaranteeing the ethical utilisation of AI
systems, despite their ability to automate a wide array of tasks. It is imperative for developers to
meticulously craft AI systems that possess the capability to facilitate human intervention and
override decisions, particularly in domains of utmost importance such as healthcare, criminal
justice, and finance. The significance of human accountability and responsibility must not be
undermined in the context of autonomous AI systems.114
In order to ensure the proper functioning and ethical use of AI systems, it is imperative to establish
unambiguous lines of accountability and liability. It is imperative that both organisations and
developers assume responsibility for the ethical implications associated with their AI technologies.
In instances wherein AI systems engender deleterious consequences or transgress ethical norms,
it is imperative that mechanisms are established to facilitate redress, reparation, and remedial
measures.115
114Santoni de Sio, F., van den Hoven, J., & van den Hoven, M. (2018). Meaningful human control over
autonomous systems: A philosophical account. Frontiers in Robotics and AI, 5, 15.
Ananny, M., & Crawford, K. (2016). Seeing without knowing: Limitations of the transparency ideal and its
115
application to algorithmic accountability. New Media & Society, 20(3), 973-989.
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The imperative of continuous monitoring and evaluation in the realm of AI systems cannot be
overstated. It is of utmost importance that these systems are subjected to ongoing scrutiny in order
to discern any potential ethical quandaries that may arise and to gauge their impact on society. The
aforementioned encompasses the continuous evaluation of partiality, equitability, and the
inadvertent ramifications associated with the implementation of artificial intelligence. Regular
audits and independent evaluations play a pivotal role in ensuring adherence to ethical standards
and affording valuable prospects for enhancement.116
Collaboration and the adoption of multidisciplinary approaches are imperative when it comes to
tackling the ethical quandaries associated with artificial intelligence. This necessitates the active
involvement and cooperation of a wide array of stakeholders, encompassing technologists,
policymakers, ethicists, and the communities directly impacted by these advancements. The
utilisation of multidisciplinary approaches has the potential to engender a more comprehensive
comprehension of ethical quandaries, facilitate the cultivation of inclusive decision-making
processes, and ultimately culminate in the development of AI systems that are more resilient and
accountable in nature.117
In the realm of public engagement and education, it is imperative that concerted efforts are
undertaken to actively involve the general populace and enhance their understanding of the
capabilities, limitations, and ethical ramifications of artificial intelligence (AI) systems. The
acquisition of knowledge through education, coupled with the effective exchange of ideas in public
discourse, possesses the remarkable ability to endow individuals with the capacity to make well-
informed decisions and to ensure that organisations are held responsible for their actions. The
116 ibid
117 ibid
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integration of ethical considerations into educational curricula and professional training
programmes for AI practitioners is imperative.
In order to ensure the responsible and ethical development and deployment of artificial intelligence
(AI), it is imperative that governments, industry bodies, and professional organisations engage in
a collaborative effort to establish unambiguous ethical guidelines and regulations. The
aforementioned guidelines ought to be crafted in a manner that aligns with the prevailing societal
values and effectively tackles the prospective risks and ethical quandaries that are inherently
intertwined with the utilisation of artificial intelligence technologies. It is imperative to regularly
engage in updates and revisions in order to effectively adapt to the ever-changing technological
landscapes.118
By adhering to these aforementioned recommendations, stakeholders possess the capacity to
actively foster the conscientious and morally upright utilisation of artificial intelligence, thereby
guaranteeing that AI technologies remain in harmony with the prevailing societal principles,
bestow advantageous outcomes upon humanity, and circumvent any potential deleterious
consequences. The cultivation of ethical AI practises is of utmost importance as it serves to
cultivate a sense of trust, mitigate potential risks, and fully exploit the vast capabilities of AI
technology while simultaneously upholding the rights and dignity of both individuals and
communities.119
Based on the ethical implications and policy considerations that have been deliberated upon, this
section puts forth suggestions for promoting ethical practises in the field of AI.
118 ibid
119 ibid
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7.4 International perspectives on AI and intellectual property
This section dives into the global viewpoints regarding the convergence of Artificial Intelligence
(AI) and intellectual property (IP) entitlements. The progression of AI technologies and their
involvement in creative endeavours has prompted legal and policy frameworks worldwide to
confront the distinct challenges presented by AI-generated content. The objective of this section
is to present a comprehensive analysis of global viewpoints on the intersection of artificial
intelligence and intellectual property, with a focus on significant topics such as authorship,
ownership, copyright, and their impact on established concepts of creativity and innovation.
The applicability of current copyright frameworks to content generated by artificial intelligence is
a crucial aspect to consider in the realm of intellectual property and AI. The safeguarding of
original works of authorship is ensured by international copyright laws, such as the Berne
Convention. The issue of authorship becomes intricate when artificial intelligence systems are
incorporated into the creative process. Diverse nations adopt distinct methodologies for
ascertaining authorship of AI-generated creations, encompassing anthropocentric frameworks,
and acknowledging AI as a co-author. The analysis of these viewpoints provides insight into the
changing landscape of copyright in the era of artificial intelligence.
The legal status of works generated by artificial intelligence is a crucial aspect to consider. Certain
jurisdictions deem these literary pieces to be within the public domain, as they lack the requisite
human authorship to warrant copyright protection.120 The perception of certain individuals
towards AI-generated creations is that they are derivative in nature, with their originality being
120Yanisky-Ravid S and Jin R, “Summoning a New Artificial Intelligence Patent Model: In The Age Of Pandemic”
(PubMed Central (PMC)) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7366817/
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attributed to the human contribution involved in the development or education of the AI
mechanism.121 Examining the global viewpoints regarding the legal classification of works
generated by artificial intelligence yields valuable observations regarding the varied strategies and
possible obstacles in safeguarding and utilising said works.
The issue of ownership and control pertaining to AI systems is a pivotal factor in ascertaining the
proprietorship of content generated by AI.122 Diverse international perspectives exist regarding the
ownership of generated works by AI systems, with certain jurisdictions recognising the individual
or entity that owns or controls the AI system as the legitimate owner. In other nations, there is a
greater emphasis placed on the role of human creators or developers as the primary proprietors.
The examination of these viewpoints’ sheds light on the diverse methodologies employed in
ascertaining ownership entitlements and their influence on stimulating ingenuity and inventiveness
within the domain of artificial intelligence.
The safeguarding of AI-related inventions and technical advancements is a domain of patent law,
which complements copyright law that primarily governs the protection of creative works. The
patentability of AI-generated inventions and the criteria for inventiveness and non-obviousness
are posing challenges to international patent systems. The analysis of global viewpoints regarding
artificial intelligence and patent legislation illuminates the changing terrain and the necessity for
flexible legal structures that reconcile the drive for innovation with the welfare of society.
The significance of international collaboration and harmonisation efforts cannot be overstated in
the context of AI and IP, owing to their global nature. These efforts are pivotal in tackling the
121 Whittaker, M., & Crawford, K. (2018). AI Now Report 2018. AI Now Institute.
Wagner, D., & Sevieri, R. (2019). The paths and impacts of explainable artificial intelligence: An overview. Big
122
Data & Society, 6(2), 2053951719882692.
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challenges that arise from AI-generated content. The World Intellectual Property Organisation
(WIPO) and similar entities are currently involved in active discourse and endeavours aimed at
promoting synchronised methodologies pertaining to artificial intelligence (AI) and intellectual
property (IP). The examination of global cooperative endeavours offers valuable perspectives on
the current discourse, nascent protocols, and prospective trajectories for managing the intricacies
of artificial intelligence within the intellectual property domain.123
In summary, this section culminates by underscoring the multifarious global outlooks on artificial
intelligence and intellectual property, along with the difficulties they present to established
frameworks. The dynamic characteristics of AI-generated content demand a persistent discourse
and adjustment of legal and policy frameworks to establish an equitable approach that promotes
ingenuity, safeguards the rights of creators, and enables the judicious utilisation and distribution
of AI-generated works. The development of a comprehensive and unified global framework that
effectively addresses the distinct challenges and prospects of AI in the realm of intellectual
property is contingent upon the crucial role played by international collaboration and
harmonisation initiatives.
Chapter 8: Proposed Solutions and Future Directions
The present chapter delves into the possible remedies and forthcoming pathways to tackle the
predicaments arising from the assimilation of Artificial Intelligence (AI) in artistic endeavours. The
progression of AI technologies underscores the necessity of establishing legal, ethical, and policy
frameworks that can effectively accommodate works generated by AI. Such frameworks must
prioritise fairness, protection of rights, and the promotion of innovation. The present chapter puts
123 WIPO, “Standing Committee on the Law of Patents” (2015)

https://www.wipo.int/edocs/mdocs/scp/en/scp_22/scp_22_3.pdf accessed June 12, 2023
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forth solutions and provides an overview of recommendations for policymakers, legislators, and
stakeholders to effectively navigate the dynamic terrain of AI-generated content.
8.1 Possible Legal Revisions and Modifications:
The following segment delineates plausible legal revisions and modifications to extant intellectual
property legislation to suit AI-generated creations. Important factors to consider are:
8.1.1 Copyright Law
The advent of artificial intelligence (AI) has engendered considerable challenges and intricacies
pertaining to the ramifications of intellectual property and the ownership of works generated by
AI. The subject matter at hand pertains to copyright law, a legal framework that holds sway over
the safeguarding of innovative and imaginative works. This particular legal domain assumes a
pivotal role in grappling with the aforementioned concerns. Nevertheless, the application of
copyright law to works generated by artificial intelligence (AI) poses distinctive challenges and
necessitates meticulous deliberation.124
The concept of originality and authorship is a fundamental principle within copyright law, wherein
legal protection is bestowed upon works that are deemed to be original and have been created by
human authors. Nevertheless, when confronted with AI-generated works, the matter of authorship
assumes a heightened level of intricacy. The inquiry at hand pertains to the potential classification
of AI systems as authors and the subsequent entitlement to copyright protection, given their
capacity to independently generate works devoid of human intervention. The issue at hand is
approached in varying manners across different legal jurisdictions.
124 “Artificial Intelligence and Copyright” (Artificial intelligence and copyright)

https://www.wipo.int/wipo_magazine/en/2017/05/article_0003.html
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In certain legal jurisdictions, it is mandated that a work must exhibit a substantial level of human
intervention or creative contribution in order to be eligible for copyright protection. If we were to
consider an AI system as nothing more than a tool employed by a human author, it would be
prudent to assert that the human's contribution assumes a paramount role in ascertaining
authorship. Nevertheless, as artificial intelligence systems autonomously produce works devoid of
human intervention, the intricacies surrounding the concept of authorship become increasingly
perplexing.
The notion of legal personhood for artificial intelligence (AI) warrants further examination.
Granting legal personhood to artificial intelligence (AI) systems would bestow upon them the
capacity to possess copyright and assert their rights in a legal context. Nevertheless, the
aforementioned concept is presently subject to vigorous deliberation, thereby engendering ethical,
societal, and legal ramifications that transcend the confines of copyright legislation.125
In the realm of copyright ownership, it is customary for the initial ownership of a work to be
bestowed upon the author or creator. When considering AI-generated works, the matter of
ownership becomes increasingly complex. In accordance with the prevailing legal framework, the
question of ownership is contingent upon the jurisdiction in question. Specifically, ownership
rights may be vested in the individual or entity that possesses, exercises control over, or provides
guidance to the artificial intelligence system responsible for the creation of the work in question.
125 “Potential Implications of US Copyright Office Determination on AI-Generated Work” (Lexology)

https://www.lexology.com/library/detail.aspx?g=41f5ee27-6c4d-4299-8593-2507b9837472
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In certain circumstances, ownership may be governed by contractual agreements or employment
relationships.126
Database protection is an essential aspect to consider when examining the functioning of AI
systems. These systems heavily depend on copious amounts of data for both training and
generating various works. In certain legal jurisdictions, it is worth noting that copyright protection
may not necessarily encompass the underlying data itself. However, it is important to acknowledge
that alternative means of safeguarding intellectual property, such as database rights or other forms
of protection, can be employed to supplement and fortify the existing copyright framework. The
potential for safeguarding lies in the amalgamation of datasets and the meticulous structuring and
classification of data, which may qualify for legal protection, notwithstanding the absence of
individual elements meeting the criteria.
The notion of fair use grants the opportunity for restricted utilisation of copyrighted materials sans
the need for explicit permission, primarily for the purposes of critique, commentary, or scholarly
investigation. The advent of AI-generated works has undeniably introduced a heightened level of
complexity when it comes to determining the boundaries of fair use. When considering the
integration of copyrighted material within the creative output of AI systems, one must inevitably
confront inquiries pertaining to the scope of transformative utilisation and the determination of
whether the resultant work resides within the confines of fair use.127
126 Grauwe and Sacha Gryspeerdt PD, “Artificial Intelligence (AI): The Qualification of AI Creations as ‘Works’ under
EU Copyright Law” (Gevers, June 21, 2022) https://www.gevers.eu/blog/artificial-intelligence/artificial-intelligence-
ai-the-qualification-of-ai-creations-as-works-under-eu-copyright-law/
127 Office USC, “What Is Copyright? | U.S. Copyright Office” (What is Copyright? | U.S. Copyright Office)
https://www.copyright.gov/what-is-copyright/
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In the realm of liability and infringement, it is imperative to acknowledge the potential
ramifications that arise when artificial intelligence systems are responsible for the generation of
creative works. Specifically, one must consider the looming spectre of copyright infringement that
accompanies such endeavours. The task of ascertaining liability for such infringement poses a
considerable challenge. The question at hand pertains to the allocation of liability within the
context of an AI system. Specifically, one must consider whether the AI system itself should bear
the burden of liability, or if it is more appropriate for the human operator or the owner of said AI
system to assume responsibility. Various jurisdictions may choose to adopt distinct methodologies
in order to ascertain liability.128
In essence, the application of copyright law to works generated by artificial intelligence (AI) poses
complex challenges pertaining to the notions of originality, authorship, ownership, fair use,
liability, and the dynamic interplay between AI and human creators.129 As the progression of AI
technology persists, it becomes paramount for legislators, policymakers, and legal scholars to
confront these intricacies and establish an unambiguous legal structure that harmonises the
concerns of AI developers, human authors, and the broader society.
8.1.2 Fair use and Transformative Works
The present study aims to assess the utilisation of fair use and transformative works principles in
relation to content generated by artificial intelligence. Given the imperative for adaptability within
copyright legislation to facilitate the transformative utilisation of AI-generated creations while
upholding the prerogatives of primary authors.
128 Office USC, “What Is Copyright? | U.S. Copyright Office” (What is Copyright? | U.S. Copyright Office)
https://www.copyright.gov/what-is-copyright/
129Zeng, Y., Song, X., & Ding, Y. (2020). Explainable artificial intelligence: From black box to white box. Frontiers
in Information Technology & Electronic Engineering, 21(2), 170-186.
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8.1.3 Patent Law
The field of patent law assumes a prominent position in the realm of intellectual property, as it
pertains to the intricate matters of ownership rights and the implications thereof in relation to
works generated by artificial intelligence. The ongoing development of patent law in relation to
AI-generated works necessitates the examination of various crucial factors that demand attention
and resolution.130
The fundamental aspect of patent law that we shall delve into is the determination of the inventor
or inventors of a given invention. In the realm of patent law, it has been customary to acknowledge
individuals of the human variety who, through their intellectual prowess, bestow upon the world
a novel and inventive creation. Nevertheless, the inquiry that emerges pertains to the extent to
which an artificial intelligence (AI) system can be deemed an originator. The existing framework
of patent laws presently necessitates the presence of a human inventor, thereby presenting
formidable obstacles when artificial intelligence systems independently generate inventive
concepts that are both novel and non-obvious. The matter pertaining to inventorship and
attribution in AI-generated works continues to be a topic of contention and legal contemplation
across numerous jurisdictions.131
AI as a Tool: Within the realm of patent law, there exists a recognition of inventions that
encompass the utilisation of tools, which includes the incorporation of AI systems. If an AI system
is employed as a tool to facilitate and augment the creative endeavours of human inventors within
130 WIPO, “Standing Committee on the Law of Patents” (2015)

https://www.wipo.int/edocs/mdocs/scp/en/scp_22/scp_22_3.pdf accessed May 31, 2023
131“AI and Patent Law: Balancing Innovation and Inventorship | Insights | Skadden, Arps, Slate, Meagher & Flom
Page 105 of 133

the inventive process, it is plausible that the resultant invention could potentially meet the criteria
for patentability. In instances of this nature, it is customary for the ownership of patent rights to
be attributed to the human inventor or the organisation that employs the inventive artificial
intelligence system. Nevertheless, it is of utmost importance to ascertain that the contribution
rendered by the artificial intelligence system does not overshadow or supplant the innovative
contribution of the human agent.
There exists a school of thought among proponents that posits the notion of granting AI systems
the status of inventors in their own capacity. The contention posits that AI-generated inventions
are the outcome of the AI system's independent decision-making and problem-solving aptitudes,
thereby warranting legal acknowledgment. The proposition of bestowing inventorship rights upon
AI systems would undoubtedly entail substantial modifications to existing patent legislation, as it
would entail a re-evaluation of the fundamental notion of inventorship and conceivably necessitate
the establishment of a novel classification of legal entities.132
In the realm of intellectual property, specifically patent law, the allocation of ownership rights is a
matter of utmost significance. These rights are bestowed upon the inventors themselves or,
alternatively, their employers, contingent upon the prevailing circumstances surrounding the
creation of said invention. In the event that an invention generated by an artificial intelligence is
deemed eligible for patent protection, it is conceivable that the entity responsible for the control
and guidance of said AI system shall be bestowed with the rights of ownership. The
aforementioned inquiry gives rise to inquiries pertaining to the ownership and governance of
artificial intelligence (AI) systems, particularly in instances where said systems function

ai-inventions/
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autonomously or acquire knowledge from diverse data sources. The determination of the legal
proprietorship of an artificial intelligence system and its resultant innovations can be a convoluted
endeavour, necessitating meticulous scrutiny of contractual arrangements and pertinent intellectual
property statutes.
The patentability requirements of novelty and non-obviousness hold significant importance in the
realm of patent law. Artificial intelligence systems, endowed with extensive access to copious
amounts of data and formidable computational capabilities, possess the capacity to generate
innovative solutions that may not readily occur to human inventors. Consequently, the task of
substantiating the lack of obviousness in AI-generated inventions vis-à-vis existing knowledge
poses a formidable obstacle. The careful evaluation and potential adjustments to existing legal
frameworks are necessary when applying these patentability criteria to AI-generated works.133
In accordance with the principles of patent law, it is customary to provide a comprehensive
disclosure of the invention, ensuring that it contains sufficient information to enable a person
possessing the requisite skill set in the relevant field to successfully replicate said invention. In the
realm of AI-generated works, one encounters a plethora of challenges when confronted with
intricate, proprietary, or incompletely comprehended underlying processes and algorithms
employed by the AI system. The fulfilment of the disclosure and enablement requirements can
pose a considerable challenge, especially in the context of black-box artificial intelligence (AI)
systems. The task of striking a delicate equilibrium between safeguarding proprietary artificial
intelligence (AI) technologies and meeting the obligations of disclosure presents a considerable
legal quandary.
133Yanisky-Ravid S and Jin R, “Summoning a New Artificial Intelligence Patent Model: In The Age Of Pandemic”
(PubMed Central (PMC)) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7366817/
Page 107 of 133

As the domain of artificial intelligence (AI) progresses further, it becomes imperative for patent
law to undergo necessary adaptations in order to effectively tackle the distinctive challenges
presented by AI-generated creations. The necessity to make adaptations within legal frameworks
arises in order to effectively incorporate emerging notions of inventorship, ownership, and
disclosure, all the while upholding the imperative of fostering incentives for innovation and
technological advancement. The imperative for the establishment of comprehensive and globally
standardised guidelines or legislation pertaining to artificial intelligence (AI) and patent law cannot
be overstated. Such measures are indispensable in order to bestow lucidity and guarantee fair
treatment for inventors, AI systems, and society at large.134
8.2 Collaborative Models of Ownership and Attribution:
The topic of discussion is collaborative models of ownership and attribution, specifically in relation
to intellectual property. This section delves into collaborative models of ownership and attribution
that recognise the contributions of both human creators and artificial intelligence systems.
The escalating sophistication of artificial intelligence (AI) and its capacity to produce innovative
creations have engendered substantial deliberation regarding the intellectual property (IP)
ramifications pertaining to the ownership and attribution of AI-generated works. The emergence
of collaborative models of ownership and attribution has presented itself as a prospective remedy
to tackle the distinctive challenges that arise from AI-generated works. In this particular section,
we shall delve into the fundamental facets and contemplations pertaining to collaborative models
within the realm of artificial intelligence and intellectual property.

ai-inventions/
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The collaborative models of ownership and attribution encompass the recognition of the
collaborative essence inherent in AI-generated works, thereby acknowledging the contributions
made by both human creators and AI systems. The primary objective of these models is to
effectively allocate ownership rights and corresponding responsibilities among the diverse entities
engaged in the process, encompassing individuals, organisations, and AI algorithms.
The matter of attribution and authorship in collaborative models warrants our attention. It is
imperative to acknowledge that in the realm of AI-generated works, the attribution and authorship
are not exclusively ascribed to human creators. Rather, we must recognise that AI systems can also
be considered co-creators in these instances. This statement acknowledges the artistic
contributions rendered by AI algorithms and the pivotal function they assume in engendering
innovative content. Nevertheless, the intricate task of ascertaining the magnitude of AI's
contribution and its suitability for authorship persists as a formidable challenge.135
In the realm of human-AI collaboration, it is imperative to establish comprehensive agreements
that delineate the roles, rights, and obligations of both human creators and AI systems. These
agreements serve as the foundation for effective collaboration within collaborative models. The
aforementioned agreements have the potential to delineate the extent of artificial intelligence's
engagement, establish the parameters for ascertaining co-authorship, and allocate intellectual
property rights. The aforementioned agreements ought to take into account the legal, ethical, and
moral dimensions in order to guarantee a just and transparent collaboration.
135Veale, M., Binns, R., & Edwards, L. (2017). When data protection by design and data subject rights clash.
Journal of Information Rights, Policy and Practice, 1(2), 1-31.
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Licencing and royalties are integral components within the realm of collaborative models, as they
often necessitate the establishment of licencing agreements between human creators and the AI
systems or their respective developers. The aforementioned agreements possess the capacity to
delineate the parameters encompassing the utilisation, dissemination, and economic utilisation of
works generated by artificial intelligence. In the realm of intellectual property, it is worth noting
that royalty arrangements can indeed be established to provide just compensation for the valuable
contributions made by both human creators and artificial intelligence (AI) systems.
In order to uphold uniformity and equity within collaborative models, it is imperative to cultivate
governance frameworks and industry standards. The aforementioned frameworks have the
potential to effectively tackle a range of pertinent concerns, including but not limited to the
resolution of disputes, the determination of artificial intelligence's contribution, and the
establishment of comprehensive guidelines pertaining to attribution and ownership. The
establishment of governance structures necessitates the indispensable collaboration among various
stakeholders, encompassing legal experts, AI developers, and content creators.
Transparency and explainability are crucial aspects that should be given priority in the development
of collaborative models. By incorporating these principles into AI systems, we can effectively
facilitate the identification and evaluation of the contributions made by both human creators and
AI algorithms. Transparent AI algorithms, which possess the commendable attribute of providing
lucid documentation regarding their decision-making processes, have the potential to significantly
facilitate the evaluation of AI's creative contribution and, consequently, the just allocation of
ownership rights.136
136Veale, M., Binns, R., & Edwards, L. (2017). When data protection by design and data subject rights clash. Journal
of Information Rights, Policy and Practice, 1(2), 1-31.
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Ethical considerations pertaining to AI-generated works must also be taken into account when
considering collaborative models. The aforementioned considerations encompass a range of vital
aspects that necessitate careful attention. First and foremost, it is imperative to establish
mechanisms that hold artificial intelligence (AI) accountable for its actions.137 This entails
implementing frameworks and protocols that enable the identification and attribution of
responsibility in instances where AI-generated content or outcomes have significant implications.
Furthermore, it is crucial to address the issue of bias and discrimination in AI-generated content.
Given that AI systems are trained on vast amounts of data, there is a risk that inherent biases
within the data can be perpetuated and amplified. Consequently, it is imperative to develop robust
methodologies that mitigate bias and discrimination, ensuring that AI-generated content remains
fair, unbiased, and inclusive. Additionally, safeguarding against unauthorised use or manipulation
of AI-generated works is of utmost importance. As AI technologies advance, there is a growing
concern regarding the
Future Legal Developments: The ever-evolving landscape of artificial intelligence and its profound
implications on the realm of intellectual property law necessitate an ongoing and unwavering
commitment to the advancement of legal frameworks and principles. Collaborative models
necessitate the establishment of novel legal frameworks, case law, and regulations in order to offer
lucidity and tackle the burgeoning challenges pertaining to ownership, attribution, and the rights
and responsibilities entailed by AI-generated works.138
137Zeng, Y., Li, W., Goh, K., & Song, X. (2020). Privacy-preserving machine learning: Threats and solutions. IEEE
Transactions on Knowledge and Data Engineering, 32(12), 2371-2385.
138Zeng, Y., Ding, Y., & Song, X. (2021). AI Explainability: A Review and Challenges. IEEE Intelligent Systems,
36(3), 57-68.
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8.2.1 Joint Ownership
In this section, we shall delve into the concept of joint ownership. Joint ownership refers to a
legal arrangement wherein two or more individuals share ownership rights and
The concept of joint ownership assumes a significant role in the contemplation of the intellectual
property (IP) ramifications associated with artificial intelligence (AI) and the ownership of works
generated by AI.139 In certain instances, it is plausible for multiple entities to partake in the
advancement or application of artificial intelligence systems, thereby leading to shared ownership
of the outcomes generated by said systems. Joint ownership can manifest itself in diverse
circumstances, encompassing collaborative endeavours among researchers, partnerships forged
between enterprises, or the engagement of individuals and organisations possessing distinct areas
of expertise.140
When AI-generated works are held in joint ownership, it signifies that multiple parties possess
shared ownership rights and possess the prerogative to exert control over the intellectual
property.141 Within the realm of artificial intelligence, the aforementioned endeavours encompass
a range of undertakings, such as the development of machine-generated innovations, the creation
of artistic expressions generated by AI systems, or the production of imaginative outputs facilitated
by AI algorithms.142 The concept of joint ownership presents itself as a multifaceted phenomenon,
139Brundage, M., Avin, S., Clark, J., Toner, H., Eckersley, P., Garfinkel, B., ... & Many others. (2020). Toward
trustworthy AI development: Mechanisms for supporting verifiable claims. arXiv preprint arXiv:2004.07213.
140Brundage, M., Avin, S., Clark, J., Toner, H., Eckersley, P., Garfinkel, B., ... & Many others. (2020). Toward
trustworthy AI development: Mechanisms for supporting verifiable claims. arXiv preprint arXiv:2004.07213.
Burrell, J. (2016). How the machine ‘thinks’: Understanding opacity in machine learning algorithms. Big Data
141
& Society, 3(1), 2053951715622512.
142 Cerri G, “Artificial Intelligence and Art: When Creativity Meets Algorithms” (Medium, May 26, 2023)
https://artificialcorner.com/artificial-intelligence-and-art-when-creativity-meets-algorithms-dd574f6884f4
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encompassing both advantageous and intricate aspects. It necessitates the establishment of
unambiguous demarcations pertaining to rights, responsibilities, and the allocation of decision-
making prerogatives among the collective proprietors.143
The ramifications of shared ownership in works generated by artificial intelligence can be subject
to the influence of diverse legal frameworks and contractual arrangements. The determination of
ownership rights and responsibilities in a collaborative or partnership endeavour is typically
contingent upon the governing laws of the jurisdiction in which said endeavour transpires. In
numerous legal jurisdictions, it is commonly observed that individuals who jointly possess
intellectual property possess the inherent right to exploit said property without necessitating the
consent of their co-owners. However, it is important to note that these joint owners may be subject
to a legal obligation to provide an account of the profits obtained or to distribute any advantages
derived from the intellectual property among their fellow co-owners.144
One of the foremost challenges entailed in the realm of artificial intelligence pertains to the
intricacies surrounding joint ownership. Specifically, it involves the arduous task of ascertaining
the individual contributions made by each party involved, and subsequently discerning the
consequential impact of said contributions on their respective rights and entitlements. In
circumstances wherein the contributions are not commensurate or unambiguously delineated,
conflicts and disputes may ensue pertaining to the allocation of entitlements and the
apportionment of advantages. This statement underscores the significance of possessing
Dignum, V., & al-Saggaf, Y. (2018). Responsible Artificial Intelligence: Developing and Using AI in a
143
Responsible Way. Springer.
144Diakopoulos, N. (2015). Algorithmic accountability: Journalistic investigation of computational power

structures. Digital Journalism, 3(3), 398-415.
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comprehensive agreements and lucid documentation that delineate the respective contributions
and ownership shares of all parties engaged in the joint ownership arrangement.145
It is of utmost importance for the parties involved in the joint ownership of AI-generated works
to duly consider and address pivotal matters pertaining to the entitlement to licence or assign the
jointly owned intellectual property, the entitlement to modify or enhance the AI system, and the
responsibility for the maintenance and updates thereof. Parties may additionally be required to
establish mechanisms for the resolution of disputes, the consideration of forthcoming
advancements or refinements to the AI system, and the determination of subsequent steps in the
event of a disagreement or termination of the joint ownership agreement.146
Moreover, it is imperative to consider that joint ownership can potentially yield significant
ramifications in relation to licencing and commercialization endeavours. In the context of joint
ownership, it is imperative that individuals seeking to licence or commercialise AI-generated works
adhere to the fundamental principle of obtaining the consent and cooperation of all other joint
owners involved in the endeavour. The inclusion of this factor can introduce intricacy and the
possibility of time constraints to the process of commercialization, as the acquisition of unanimous
consensus from all relevant entities may present itself as a formidable task.
In summation, the concept of shared ownership pertaining to AI-generated creations within the
domain of intellectual property engenders a multitude of prospects as well as obstacles. The careful
145Lund, Brady, Ting Wang, Nishith Reddy Mannuru, Bing Nie, Somipam Shimray, and Ziang Wang. "ChatGPT
and a New Academic Reality: Artificial Intelligence-Written Research Papers and the Ethics of the Large
Language Models in Scholarly Publishing." Journal of the Association for Information Science and Technology
(2023): 10.1002/asi.24750
Johnson, D. G. (2014). Computer systems: Moral entities but not moral agents. Ethics and Information
146
Technology, 16(4), 283-291.
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consideration of the respective contributions, responsibilities, and decision-making authority of
the joint owners is imperative in this context. The establishment of unambiguous agreements and
comprehensive documentation is of utmost importance in order to mitigate potential conflicts and
facilitate the seamless operation of the joint ownership arrangement. As the field of artificial
intelligence progresses, it is anticipated that legal frameworks and contractual practises will
undergo transformation in order to effectively tackle the distinctive intricacies presented by joint
ownership within the realm of AI.147
8.3 Recommendations for Policymakers, Legislators, and Stakeholders:
This segment offers guidance to policymakers, legislators, and stakeholders on how to navigate
the dynamic terrain of AI-generated content.
The expeditious progressions in the realm of artificial intelligence (AI) technology have
engendered multifaceted ramifications and quandaries pertaining to intellectual property (IP). The
matter at hand pertains to the ownership and safeguarding of works generated by artificial
intelligence, which has emerged as a subject of intense debate. The resolution of this issue
necessitates the active involvement of policymakers, legislators, and various stakeholders in order
to effectively tackle these concerns. This particular section offers a comprehensive set of
recommendations that will effectively guide the key stakeholders in skilfully navigating the intricate
landscape of artificial intelligence (AI) and intellectual property (IP).148
Mittelstadt, B. D., & Floridi, L. (2016). The ethics of big data: Current and foreseeable issues in biomedical
147
contexts
Mittelstadt, B. D., & Floridi, L. (2019). The ethics of algorithms: Key challenges and solutions. Philosophy &
148
Technology, 32(4), 559-604.
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In order to ensure legal clarity and efficacy, it is imperative for policymakers and legislators to
undertake a comprehensive examination and subsequent revision of copyright laws, specifically
with the intention of explicitly addressing the intricate realm of AI-generated works. It is
imperative to establish unambiguous and well-defined criteria in order to ascertain the eligibility
of copyright protection for artistic creations generated by artificial intelligence systems.149 The task
at hand necessitates the elucidation of the respective functions fulfilled by human creators and AI
tools, as well as the extent of human engagement indispensable for the attainment of
copyrightability.150
It is of utmost importance to acknowledge and appreciate the role of artificial intelligence (AI) as
a tool, rather than attributing it with the capabilities of a creator.151 The aforementioned distinction
serves the purpose of safeguarding against the attribution of legal personhood to AI-generated
works, thereby precluding the conferral of equivalent rights to those enjoyed by human creators.
It is imperative for policymakers to unambiguously establish the delineation that copyright
ownership unequivocally pertains to the sentient beings responsible for the creation or
implementation of artificial intelligence tools.152
Promoting transparency and disclosure is of paramount importance in the realm of artificial
intelligence. It is imperative that stakeholders, particularly those involved in the development of
O'Neil, C. (2016). Accountability in algorithms. In Proceedings of the 29th International Conference on

149
Neural Information Processing Systems (pp. 59-67).
150Mittelstadt, B. D., Russell, C., & Wachter, S. (2019). Explaining explanations in AI. Philosophy & Technology,
32(4), 623-648.
151Nantheera Anantrasirichai and David Bull, "Artificial Intelligence in the Creative Industries: A Review" (2020) 25
Journal of Intellectual Property Law & Practice
Mittelstadt, B. D., Allo, P., Taddeo, M., Wachter, S., & Floridi, L. (2016). The ethics of algorithms: Mapping the
152
debate. Big Data & Society, 3(2), 2053951716679679.
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AI systems, are actively encouraged to divulge the utilisation of AI in the process of creating
various works. The establishment of accountability and the preservation of the rights of human
creators can be effectively achieved through the practise of transparency regarding the
involvement of artificial intelligence (AI). Policymakers possess the ability to stimulate the act of
disclosing pertinent information by means of regulatory mechanisms or industry standards.153
In order to cultivate innovation and mitigate the potential hindrances posed by excessively
stringent intellectual property (IP) barriers, it is imperative for policymakers to actively promote
and endorse collaborative efforts among artificial intelligence (AI) developers, content creators,
and copyright holders. Licencing frameworks possess the capacity to be formulated in order to
expedite equitable and judicious utilisation of AI technologies, thereby enabling creators to harness
the potential of AI tools while concurrently guaranteeing just remuneration and safeguarding the
rights of copyright holders.154
In light of the inherently transformative nature of works generated by artificial intelligence, it is
imperative for policymakers to formulate fair use guidelines that are specifically designed to
address these unique creations. The aforementioned guidelines ought to strike a harmonious
equilibrium between the vested interests of artificial intelligence (AI) developers, content creators,
and the general public, thereby facilitating judicious utilisation of AI-generated content, all the
while upholding the prerogatives of copyright holders.155
153 Smith B and Shum H, “Artificial Intelligence and It’s Role in Society” [2018] Microsoft
https://news.microsoft.com/uploads/2018/02/The-Future-Computed_2.8.18.pdf
154Stahl, B. C., Timmermans, J., Flick, C., Fogg, M., & Yaghmaei, E. (2019). Responsible research and
innovation in the digital age. Communications of the ACM, 62(2), 66-73.
155UNESCO. (2021). Recommendation on the Ethics of Artificial Intelligence. Retrieved from

https://unesdoc.unesco.org/ark:/48223/pf0000376338
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International cooperation is of utmost importance when it comes to addressing the global issues
of intellectual property (IP) and artificial intelligence (AI). These matters necessitate the
harmonisation of policies on a global scale. It is imperative for policymakers and stakeholders to
engage in active participation within international forums and collaborations in order to effectively
establish coherent frameworks pertaining to AI-generated works and the consequential intellectual
property implications. The aforementioned activities encompass active participation in dialogues
pertaining to the enforcement of laws across national borders, the acknowledgment of individual
entitlements, and the amicable resolution of disputes arising from divergent legal frameworks.
The concept of continuous evaluation and adaptation holds paramount significance in the realm
of artificial intelligence (AI). Given the rapid pace at which this field is progressing, it is imperative
for policymakers to consistently assess the efficacy of current intellectual property (IP) frameworks
and make necessary adjustments in response. The diligent surveillance of technological
advancements, the careful consideration of public opinion, and the astute anticipation of emerging
legal challenges will empower policymakers to adopt a proactive stance in addressing novel
developments. This approach will effectively safeguard the continued relevance and efficacy of
intellectual property laws within the realm of artificial intelligence.
Efforts ought to be undertaken to augment public awareness and comprehension regarding the
convergence of artificial intelligence (AI) and intellectual property (IP). It is imperative for
policymakers to allocate resources towards educational initiatives aimed at disseminating
knowledge to the general public, as well as to the creators and users of artificial intelligence (AI)
technologies, regarding the intricate legal implications, rights, and responsibilities that are
intricately intertwined with AI-generated works. This will serve to enhance the collective
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knowledge and active participation of society, enabling them to adeptly navigate the ever-changing
terrain of artificial intelligence and intellectual property.156
Through the implementation of these aforementioned recommendations, policymakers,
legislators, and stakeholders possess the capacity to diligently strive towards the establishment of
a harmonious and impartial intellectual property framework. Such a framework shall effectively
facilitate the advancement of innovation, while simultaneously upholding the utmost regard for
human creativity. Furthermore, it shall foster the conscientious and ethical utilisation of works
generated by artificial intelligence.157
Chapter 9: Conclusion
The ninth chapter of the dissertation presents a thorough and inclusive conclusion, which outlines
the outcomes, significant insights, and consequences of the study that explored the convergence
of Artificial Intelligence (AI) and intellectual property (IP). Additionally, it underscores the
potential for additional investigation, underscoring the perpetual nature of the discourse and the
necessity for sustained inquiry in this swiftly developing domain.
9.1 Summary of Findings and Key Takeaways:
In summary, the findings of this study have been presented and analysed. The key takeaways from
the research have been identified and highlighted.
This section provides a concise overview of the primary discoveries and perspectives garnered
throughout the dissertation.
Selbst, A. D., & Barocas, S. (2018). The intuitive appeal of explainable machines. Fordham Law Review, 87(3),
156
1085-1135.
157 Russell, S., & Norvig, P. (2021). Artificial Intelligence: A Modern Approach (4th ed.). Pearson.
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The incorporation of artificial intelligence into artistic endeavours poses distinctive obstacles to
established structures of intellectual property. Thorough scrutiny and contemplation are necessary
in order to ascertain the authorship, ownership, and legal standing of works produced by artificial
intelligence.158
Divergent viewpoints exist among international scholars regarding the intersection of artificial
intelligence (AI) and intellectual property (IP). These perspectives encompass a spectrum of
positions, including acknowledging AI as a co-author, classifying AI-generated works as derivative
works, or placing them in the public domain. The aforementioned divergent methodologies
underscore the necessity of a unified and flexible structure that accommodates the multifaceted
character of content generated by artificial intelligence.
It is imperative to implement legal reforms and amendments that can effectively incorporate AI-
generated works into the current framework of intellectual property laws. The suggested remedies
involve the redefinition of authorship, modification of copyright and patent frameworks, and
examination of fair use and transformative works doctrines within the realm of artificial
intelligence.
Collaborative ownership and attribution models that acknowledge the contributions of both
human creators and AI systems present promising solutions for tackling the intricacies of content
generated by artificial intelligence. The implementation of joint ownership and transparent
attribution models can facilitate the fair allocation of both entitlements and incentives.
Floridi, L., Cowls, J., Beltrametti, M., Chatila, R., Chazerand, P., Dignum, V., ... & Valcke, P. (2018).
158
AI4People—An ethical framework for a good AI society: Opportunities, risks, principles, and recommendations.
Minds and Machines, 28(4), 689-707.
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9.2 Implications for the Future of AI and Intellectual Property:
The potential impact of AI on intellectual property raises important considerations for the future.
The present segment delves into the wider ramifications of the research carried out with regard to
the prospective developments in the field of artificial intelligence and the legal rights associated
with creative works.
The results emphasise the necessity of a legal and policy framework that is both proactive and
adaptable, which can effectively balance the competing interests of innovation, creativity, and the
safeguarding of rights in the realm of AI-generated content. The proposed framework aims to
cultivate ethical conduct, guarantee equity, openness, and liability, and encourage the judicious
application of AI technologies.
The incorporation of artificial intelligence (AI) into artistic endeavours has ramifications that
extend beyond the realm of intellectual property, encompassing wider societal, cultural, and
economic dimensions. The effective management of the complex challenges and potential benefits
of artificial intelligence on a global scale necessitates the establishment of interdisciplinary
partnerships, active public involvement, and international collaboration.159
The trajectory of artificial intelligence and its relationship with intellectual property is contingent
upon sustained dialogues, cooperative efforts, and technological progress. Sustained monitoring,
assessment, and adjustment of legal and policy frameworks will be imperative to remain abreast of
the dynamic character of AI-generated content.
159Danaher, J., Hogan, M. J., Noone, C., & Kennedy, R. (2017). Algorithms, artificial intelligence, and automated
decision-making in the public sector. Administration, 65(1), 1-29.
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9.3 Potential Research Areas:
This section delineates potential avenues for future research to enhance comprehension and tackle
the unresolved inquiries and obstacles within the discipline.
This study aims to delve deeper into the ethical considerations surrounding the integration of
artificial intelligence (AI) in creative works. Specifically, it seeks to examine the ethical implications
of AI-generated works, including issues related to fair treatment, privacy, and the broader societal
impact of AI technologies.
The research on the creation of flexible and unified policy frameworks that achieve a harmonious
equilibrium between promoting innovation, safeguarding rights, and upholding public interest in
the realm of AI-generated content should be continued.
The study proposes a more in-depth exploration of international collaborations and harmonisation
initiatives aimed at establishing universal standards, guidelines, and enforcement mechanisms for
artificial intelligence and intellectual property.
This study involves an interdisciplinary approach that seeks to examine the interconnections
between artificial intelligence, intellectual property, and other fields, including ethics, law,
economics, and cultural studies. The objective is to gain a comprehensive understanding of the
broader implications and dynamics that are at play.160
160Alejandro Barredo Arrieta et al, "Explainable Artificial Intelligence (XAI): Concepts, Taxonomies, Opportunities
and Challenges toward Responsible AI" (2019) 58 Information Fusion 10.1016/j.inffus.2019.12.012.
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The final chapter of the dissertation, Chapter 9, provides a summary of the significant discoveries,
implications, and potential avenues for future research. The significance of modifying legal and
policy frameworks to accommodate AI-generated content, promoting ethical practises, and
guaranteeing the responsible and equitable utilisation of AI technologies is highlighted by the
research conducted on the intersection of AI and intellectual property. The continuous
investigation and cooperation in this domain will influence the forthcoming of AI and intellectual
property by promoting ingenuity, safeguarding the rights of creators, and advancing the communal
advantages of AI for the populace.
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Intellectual Property Implications of

Artificial Intelligence and Ownership of AI-

Electronic copy available at: https://ssrn.com/abstract=4494640

significantly influenced by their invaluable insights, constructive criticism, and encouragement.

How long did it take?

About a few months

But it was worth it.

I genuinely believe i have perfected it to the best of my Abilities.

Benevolent in Scientific research

And i finally Have it published.

support have been indispensable in refining my ideas and sustaining my motivation.

I Appreciate Your Invaluable Contributions.

Electronic copy available at: https://ssrn.com/abstract=4494640

solutions to address the intellectual property implications of AI-generated works.

Electronic copy available at: https://ssrn.com/abstract=4494640

Research Methodology: ....................................................................................................... 8

Ethical Considerations: ................................................................................................... 9

Research Questions ............................................................................................................ 10

Objectives of the Study ....................................................................................................... 11

Chapter 1: Introduction ...................................................................................................... 12

1.1: Background and significance of AI in creative works ............................................. 12

Chapter 2: Overview of Artificial Intelligence and its Capabilities .................................... 14

2.1 Artificial Intelligence (AI) ......................................................................................... 15

2.2 fundamental components of Artificial Intelligence (AI) .......................................... 15

academic discourse. ........................................................................................................ 18

Chapter 3: Intellectual Property and its Relevance to AI ................................................... 19

3.1 categories of intellectual property rights .................................................................. 22

3.2 AI-generated works and the associated copyright implications. ............................ 24

3.3 ownership and attribution of works generated by artificial intelligence. ................ 25

Electronic copy available at: https://ssrn.com/abstract=4494640

3.5 The convergence of trademarks and artificial intelligence (AI). ............................. 28

3.6 Ramifications of AI concerning trade secrets.......................................................... 29

property (IP) and artificial intelligence (AI). ................................................................. 31

Chapter 4: Copyright Protection for AI-Generated Works................................................ 34

4.1 The copyrightability of works generated by artificial intelligence. ......................... 35

4.3 the complexities surrounding copyright infringement and liability pertaining to

works generated by artificial intelligence. ..................................................................... 39

generated content. .......................................................................................................... 41

generated by artificial intelligence. ............................................................................... 42

4.6 Examination of Significant Judicial Cases and Legal Precedents .......................... 45

4.7: Discourse Pertaining to the Suitability of Artificial Intelligence Systems for

Copyright Safeguarding. ................................................................................................ 48

Chapter 5: Patentability and Inventorship in AI-Related Inventions ............................... 53

5.1 The patentability of inventions related to artificial intelligence (AI) is a topic of

interest in the field of intellectual property. .................................................................. 53

5.2 analysis of the notion of non-obviousness ............................................................... 55

Electronic copy available at: https://ssrn.com/abstract=4494640

inventions related to artificial intelligence. ................................................................... 60

inventorship of AI-related inventions. ........................................................................... 62

Chapter 6: Trademark and Trade Secret Implications of AI ............................................ 65

framework of trademark law. ......................................................................................... 65

6.2 influence of AI technology on brand management strategies. ................................ 68

6.2.1 Enhanced Customer Insights and Personalization............................................................ 69

6.2.2 Improved Customer Service and Communication ............................................................ 70

6.2.3 Predictive Analysis and Forecasting .................................................................................... 71

6.2.4 Content Creation and Curation ............................................................................................ 71

6.2.5 Ethical Considerations and Brand Reputation................................................................... 72

6.3 the ramifications of artificial intelligence (AI) on the safeguarding and

administration of trade secrets. ..................................................................................... 74