On The Horizon: Legal Complexities Intersecting Generative AI, Class Actions, And IP Law

The multifaceted nature of generative AI is bound to create legal complexities at the intersection of intellectual property law and class actions, as this emerging technology disrupts not only the tech landscape but the legal one too.

Fostering innovation is a core tenet of intellectual property law in Canada. However, policy interests seek to balance the furtherance of technology and creativity with protecting the public. Class actions offer a process for advancing public interest by allowing representative plaintiffs to advance claims on behalf of an entire class of people. Class actions advancing consumer rights are commonplace. As generative AI becomes more mainstream, people will look to class action proceedings to address their grievances. As this happens, patent, copyright, trademark or other IP related allegations are also likely to become more present in such actions.