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International IP Helpdesk’s comprehensive guide on artificial intelligence & IP in China, India, Latin America, and South-East Asia
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International IP Helpdesk’s comprehensive guide on artificial intelligence & IP in China, India, Latin America, and South-East Asia

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In recent years, Artificial Intelligence (“AI”) has become a part of the tools that European and SMP SMEs use every day, from recommendation engines and chatbots to computer vision quality control and generative systems that draft or illustrate content. While global instruments from the Organization for Economic Cooperation and Development (OECD), the United Nations Educational, Scientific, and Cultural Organization (UNESCO), and the United Nations (UN) shape a vocabulary for trustworthy AI, binding rules in other regions are arriving at different speeds. Globally, the Intellectual Property (“IP”) baselines are reasonably clear. Copyright regimes generally require a human author, so fully automated outputs are unlikely to attract protection. In contrast, AI-assisted works can be protected to the extent that the human contribution is creative and identifiable. Most jurisdictions do not recognise a broad text and data mining (“TDM”) exception for commercial model training, so lawful access and licensing remain the backbone of the dataset strategy. Patent offices expect inventors to be natural persons, so naming an AI system as an inventor is not accepted. In practice, this pushes to record human creative and inventive contributions, to treat training materials, model weights, and prompt libraries as protectable assets, and to decide deliberately what should be patented and what should remain a trade secret.
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ISBN 978-92-9412-392-3
DOI 10.2826/4632322
Catalogue number EA-01-26-034-EN-N
ISBN 978-92-9412-393-0
DOI 10.2826/1281200
Catalogue number EA-01-26-034-EN-C
PDF
ISSN ISBN 978-92-9412-392-3 DOI 10.2826/4632322 Catalogue number EA-01-26-034-EN-N
Paper (Leaflet)
ISSN ISBN 978-92-9412-393-0 DOI 10.2826/1281200 Catalogue number EA-01-26-034-EN-C
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