2 to 6 December 2024 | Perth, WA

What Startups Need to Know about IP in the New Age of AI with David Wilson of Stratocumulus Legal

Key Insights:

  • Uncertainty in AI-Generated IP Ownership: In the evolving landscape of AI, a critical question is who owns the intellectual property (IP) created by AI, with current legal frameworks not recognising AI as a creator or owner.
  • Potential for AI to Infringe on Existing IP: There is a real possibility that AI, through its learning and generative processes, could inadvertently infringe upon existing copyrighted materials, raising complex legal issues.
  • Necessity for New Legal Frameworks and Precautions: The unique challenges posed by AI in the realm of IP highlight the necessity the development of new legal frameworks and proactive measures by businesses to safeguard against unintentional IP infringements and clarify ownership rights.
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David Wilson from Stratocumulus Legal delves into the intricate relationship between intellectual property (IP), startups, and the burgeoning field of Artificial Intelligence (AI).

He highlights the existing legal ambiguity surrounding the ownership of AI-generated content, questioning who holds the IP rights in such scenarios. With AI now being used to generate business content, two pivotal questions arise: the ownership of IP rights in a robot’s output and the potential for a robot to infringe upon someone else’s IP.

The discussion also touches on the use of software as a tool for creation and the nuances of authorship in this context.

Wilson references the DABUS case, which sparked debate over whether an AI system could be an inventor for patent purposes. This case highlights the legal system’s struggle to adapt to AI’s capabilities and the implications for inventors and businesses.

He discusses the possibility of AI infringing on existing IP, particularly in the realm of machine learning and generative AI. The legal risks of using copyrighted content to train AI models are significant, suggesting that businesses must rethink how they monetise and protect AI-generated content.

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