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from Part II - Property
Published online by Cambridge University Press: 21 March 2024
The protection of AI-assisted and AI-generated works causes problems for existing intellectual property law. However, it is doubtful whether the purposes of patent law would be served by granting patents for AI-generated inventions. Further, AI systems are unable to make the creative choices to bring their outputs into the realm of copyright protection. However, with AI-assisted outputs, there may still be sufficient creative choices by the programmer or user to bring the output into the domain of IP protection. AI fundamentally challenges the anthropocentric copyright regime. AI technologies will require us to rethink fundamental concepts within IP law, including, for instance, the standard of obviousness applied within patent law.
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