AI as a Double-Edged Sword: Intellectual Property Infringement Risks and Mitigation

Due to the huge hype and development of Artificial Intelligence (AI), the creation, protection and infringement of IP have experienced a radical change in today’s society. AI technologies – due to their capability of producing outputs that might qualify for IP protection – carry with them the enormous opportunity of recreating the whole IP world, but also very complex legal issues. Considering the wide availability of open data and the lowest possible computing costs in history, the technological possibilities are endless and they offer great IP protection and infringement opportunities. This article explores the dual implications of AI on IP rights, delivering two key takeaway messages: first, due to AI technologies’ capability of creating outputs that could qualify for IP rights, there is a strong need to reconsider the PI legal framework; and second, copyright law is by far the legal framework that suffers the full perplexing impact of AI creation, infringement, authorship, ownership and liability questions. Thus, it should be reformed or harmonized with the fast technological changes of the era. This Article aims at exploring the huge opportunities and risks that AI brings to the IP world.