The protection of ai-generated work by patent and copyright laws: Present laws and potential reforms
Document Type
Book Chapter
Publication Title
Recreating Creativity, Reinventing Inventiveness: AI and Intellectual Property Law
Publisher
Taylor and Francis / Routledge
School
School of Business and Law
RAS ID
62566
Abstract
The question of whether artificial intelligence (AI) software may be identified as the proprietor of an invention, for purposes of current intellectual property laws, has been the subject of intense and ongoing discussion. It is widely agreed that significant revisions of international property rules will be required to effectively regulate AI while also promoting innovation. In such a context, this chapter examines the extent to which AI technology, as well as present and prospective AI-generated works, are protected by patent and copyright laws, specifically under European Union (EU) legislation and the Convention on the Grant of European Patents (EPC). Although fuller autonomous AI-generated works are still a distant possibility, the difficulties and concerns over their possible protection are also addressed. In the framework of Australian law, the paper will also look at the DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) case. Lastly, the chapter provides a detailed analysis of the possible policy approaches to correct the flaws in the present intellectual property framework for AI software protection.
DOI
10.4324/9781003260127-13
Access Rights
subscription content
Comments
Agarwal, P., & Aston, J. (2024). The protection of ai-generated work by patent and copyright laws: Present laws and potential reforms. In N. Koutras & N. Selvadurai (Eds.), Recreating Creativity, Reinventing Inventiveness: AI and Intellectual Property Law. Routledge. https://doi.org/10.4324/9781003260127-13