Intellectual Property in the Age of Generative Artificial Intelligence: Rethinking the Legal Dimensions of Innovation and Protection

Abstract

The abrupt advancement of generative artificial intelligence (AI) has created notable challenges for the traditional intellectual property (IP) frameworks. Traditional legal concepts, particularly related to copyright, patent, and trademark law, are based on the notion of human authorship and invention. Generative AI systems, which can generate literary, artistic, and technological outputs merely by giving instructions or prompts are erasing the boundaries between human and machine creativity. Current study explores the core components of IP law, the history and background of generative AI technology and the interlinkage between these two. It also discusses the issues pertaining to AI and IP from legal perspective, highlighting international agreements such as Berne Convention and the TRIPS Agreement, and the US and EU jurisprudence on these issues. It also looks into the innovation, its protection and policy gaps to endure that IP laws are effective in the age of AI. To make sure that IP laws foster creativity in the era of AI, this study recommends to create a global legal framework that supports innovation advanced by AI that ensures equity and fairness.