Source: WIPO

The intersection of artificial intelligence and intellectual property raises unresolved questions with long-term implications for innovation incentives and traditional IP protections. After a decade of judicial consideration across jurisdictions, the current trajectory outlined indicates pure AI-generated inventions are generally treated as unpatentable, whereas inventions involving human contribution could be eligible for patent protection; the precise extent of required human contribution and the evidence needed remain undefined. Copyright doctrine, founded on human originality, faces parallel challenges as AI-generated creative works test where tool use ends and human authorship begins, with the Beijing Internet Court recognising that strategic prompting and editorial choices can demonstrate sufficient human creativity while not setting a clear threshold.

Policymaking must strike a balance: overly restrictive rules risk stifling innovation and harming competitiveness, while overly permissive frameworks could erode creator rights and incentives. The guide contrasts the EU’s risk-based approach under the AI Act with Japan’s more permissive stance on training data as illustrative policy choices. It promotes an “AI-assisted innovation” model where AI amplifies human creativity—helping explore design spaces while humans retain judgment—and highlights three necessary developments: adaptive legal frameworks, stronger industry self-regulation and ethical standards, and technological solutions for fine-grained rights management and compensation. Examples cited include content licensing agreements between major media (Financial Times, Associated Press and Le Monde) and AI developers, and early technological innovations such as automated licensing, royalty distribution systems and “ethical AI marketplaces.” Finally, education and capacity-building are emphasised as essential so businesses, creators and policymakers can navigate evolving IP implications as AI tools become ubiquitous; the guide positions itself as a contribution to that effort.