Hogan Lovells 2024-2025 AI Trends Guide - Flipbook - Page 12
From creation to regulation:
The impact of the AI Act and
Data Act on IP law
As AI technologies, particularly generative ones, continue to
advance and reshape the digital landscape, the critical impact
of intellectual property law for businesses utilizing AI-driven
solutions is in clear evidence – from two main perspectives:
How can I protect my rights in an AI system? And what comes
out of it?
First, how to build a viable IP protection strategy for an AI model, as
well as for individual components of an AI system, which constitute
essential value factors? Which IP right – patent, copyright, database
right, trade secrets – is best suited to protect which AI component –
training data, AI model, algorithms?
And second, can the output of an AI system be the subject of IP
protection? Even if blanket protection of AI creations is generally
denied, specific pieces of AI output may arguably enjoy IP
protection. Where AI is employed creatively, and in particular in
instances where it is used as a tool – such as in a camera or steering
a paintbrush –it is not convincing that copyright protection should
be ruled out in each and every case.
Authors
Jason Lohr
Partner
San Francisco
Rebecca Horton
Senior Associate
San Francisco
Jasper Siems
Associate
Hamburg
Imogen Ireland
Senior Associate
London
Additional
resources
Spotlight
Digital Transformation:
The Influencers Podcast
