ARTICLE · 22 APRIL 2024

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Generative AI And Intellectual Property Rights In The EU Context

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As generative artificial intelligence (GenAI) becomes integral to various industries, understanding its mechanics and associated intellectual property (IP) implications is essential for businesses.

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As generative artificial intelligence (GenAI) becomes integral to various industries, understanding its mechanics and associated intellectual property (IP) implications is essential for businesses. This article explores GenAI applications from an intellectual property perspective, highlighting key considerations for EU businesses involved in contracting or providing AI services.

How Generative AI Works

Imagine a design business aiming to produce innovative and original digital graphics for use in advertising, fashion, and interior decor. To streamline their design process and enhance creativity, they implement a GenAI system designed to generate unique patterns and images.

The process begins by assembling a substantial dataset of images, patterns, or artworks, serving as the training material for the GenAI system. Utilising techniques such as deep learning, the GenAI learns the characteristics of these designs, including style, colour, and form. After

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