Reevaluating Main Concepts of Intellectual Property in the Light of AI-Challenges

Abstract

This paper examines the impact of Artificial Intelligence (AI) systems on some of the main principles of Intellectual Property, specifically those inherent to copyright and patent law. Particular attention is dedicated to the concept of authorship in relation to AI-assisted and AI-generated creations in the field of art. The chapter also examines the potential need, or a lack thereof, to re-evaluate the anthropocentric foundations of copyright embedded in the acquis communautaire, copyright laws of the Member States and the case law of CJEU. Taking into consideration the AI’s inability to act as an autonomous agent, attention is drawn to possible legislative interventions to introduce legal certainty, whilst honoring and maintaining core values of copyright law.