Intellectual Property and Artificial Intelligence: Legal Challenges and Innovative Prospects

13/11/2024 General | Justice Dr. Mohamed Alkamali /Director General of Judicial Training Institute -Ministry of Justice

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The relation between intellectual property and artificial intelligence (AI) is intricate, yet it simultaneously creates extensive opportunities for fostering innovation and presents numerous legal and ethical challenges in safeguarding the rights of creators. From this perspective, it is essential to adapt laws and policies to this swift progress in order to attain a balance between safeguarding rights on one side and promoting innovation on the other side. Amidst the global significant advancements in AI, questions about the safeguarding of intellectual property rights and creator rights have been raised. AI seeks to create systems that are increasingly capable of executing tasks that mimic human intelligence, such as learning and problem-solving, with applications ranging from robotics to big data analytics, thereby becoming a cornerstone of contemporary technological innovation. As AI gains the capacity to generate content, a question emerges: Can inventors, innovators, creators, and artists safeguard their works and both their material and moral rights? Is it possible for AI to develop new inventions independently without any human intervention? Should it receive patents, as has been adopted by the Republic of South Africa?

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