New Frontiers and The Impact of Artificial Intelligence and the Digital Revolution on the Future of Intellectual Property Laws

Abstract

Artificial intelligence (AI) had already embedded itself into our everyday lives. AI as an assistive tool adequately responds to humans’ needs, such as virtual digital assistance, and almost everyone will have Apple Siri, Alexa or Google Home. Relying on AI systems, such as Spotify, to provide a recommended list of music based on our existing music choices and preferences is commonplace, and likewise, for producing works of art. Most notably, a project team behind The Next Rembrandt designed algorithms that allowed a computer to create a painting in the style of the 17th century Dutch artist. AI can produce works which could be considered as copyright works however international law has yet to acknowledge AI as a copyright owner. AI systems are reshaping the whole creative and innovative sectors that are protected in the existing intellectual property systems. The paper examines the AI systems at present, defining and distinguishing between “AI-assisted” and “AI-generated” outputs, and outlines the direction of AI development in the context of intellectual property law. It analyses IP and AI regulation from both the Global North and Global South perspective with an overall recommendation for new trade related AI and IP standards, TRAIIPS, as an extension of trade related intellectual property standards (TRIPS).