Artificial Intelligence and Intellectual Property Rights Between Technological Revolution and Legal Challenges.

The world has witnessed an unprecedented revolution in recent years across various fields, thanks to the rapid development of artificial intelligence technologies. This revolution has encompassed scientific and administrative aspects, and even extended to literary and artistic domains. Such immense progress has opened wide the door to fundamental questions concerning how to protect intellectual property rights, whether industrial or literary, in light of the growing capabilities of artificial intelligence in innovation and creation.

Amidst this technological boom, it has become essential to ask: can this revolution be controlled and clear legal frameworks legislated to govern the uses of artificial intelligence and safeguard the rights of creators, or will the gap widen, making it difficult for humans in the future to control infringements of intellectual property rights? In either case, there remains an urgent need to establish national legislations and international agreements that regulate this rapidly evolving sector.

First: Industrial Property Facing Artificial Intelligence

Patents and trademarks are among the most prominent components of industrial property, and they have enjoyed precise legal regulation over the past decades through local and international legislations. However, artificial intelligence has become a direct challenge to this system, as it is now capable of developing inventions and generating ideas that may exceed in complexity what humans create. This raises legal questions about the eligibility of these innovations for legal protection, and who owns their rights: the human who developed the algorithm? Or the system itself?

Furthermore, the capabilities of artificial intelligence to generate distinctive marks in terms of shape, name, or even advertising campaigns threaten to exceed the traditional standards set by patent offices and trademark protection agencies, necessitating a re-evaluation of the currently applied controls and standards.

Second: Copyright and Neighboring Rights Before Automated Creativity

Copyright was not immune to this technological revolution. Artificial intelligence is now capable of composing music, writing texts, and creating artworks in their various forms, making the question of determining the "true author" a major point of contention. Is the work created by artificial intelligence the property of the person who developed the program? Or should the concept of "author" be redefined in this context?

This new reality has spawned unprecedented legal challenges, particularly in the absence of specific legislation clarifying how to regulate the relationship between the concerned parties, whether individuals or legal entities, such as companies, digital platforms, and others.

A First Step Towards Regulation: The European Parliament Initiative

In an attempt to keep pace with technological developments, the European Parliament established the first legislative framework defining the controls for the use of artificial intelligence. This marked an important starting point that prompted many countries to reconsider their laws, either by updating existing legislation or creating new rules. This global trend has demonstrated the urgent need to regulate artificial intelligence within clear legal systems that ensure the protection of civil and criminal rights, and balance innovation with the protection of human rights and the rights of creators.

Conclusion

There is no doubt that artificial intelligence represents a major cognitive and technological revolution, but at the same time, it poses complex legal challenges, especially concerning intellectual property rights. While legislators in various countries around the world strive to keep pace with this transformation, the need remains for broad international cooperation to ensure the creation of a delicate balance between technological development and the protection of intellectual property rights, which are the foundation of human creativity.