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Julie Christol

AI and intellectual property: master the legal issues

Artificial intelligence is profoundly changing the way we create, innovate and exploit content. Whether it is generated images, automated text, synthetic music or software capable of learning on its own, these new forms of creation raise major legal challenges for intellectual property.

Who owns the rights to a work generated by an AI? What data can be used to train artificial intelligence systems? What counterfeiting risks do businesses and creators face?

The legal framework is still being built. Mastering the interaction between AI and intellectual property law has become a strategic issue.

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Definition of artificial intelligence systems

An artificial intelligence system relies on algorithms capable of analysing data, learning autonomously and producing results without direct human intervention. Today, these systems create content, images, text, works or novel technical solutions.

According to Eurostat data, 13.5% of EU businesses with 10 or more employees used artificial intelligence technologies in 2024, a 5.5 percentage point increase compared with 2023, illustrating the rapid uptake of AI in economic activity.

Why AI is upending intellectual property law

Intellectual property law has historically been built around human creation. AI challenges key concepts such as the author, originality and creative intent. This break creates areas of legal uncertainty, which expose businesses to significant risk if they are not anticipated.

Anticipate regulatory developments in intellectual property

Who owns creations generated by AI?

Under European law, copyright rests on the existence of an original work created by a natural person. A work generated exclusively by AI, without decisive human intervention, does not automatically benefit from copyright protection.

The question of AI and intellectual property law is now at the heart of legal debate. The EUIPO points out that the absence of an identifiable human author prevents, in many cases, the recognition of exclusive rights.

When AI is used as a tool to assist creation, protection remains possible if the human contribution can be demonstrated.

A creative agency using generative AI secured its rights by precisely documenting the human role in the creative process, avoiding any challenge during commercial exploitation (anonymised client case).

Data, images and content generated by AI

Use of data and respect for existing rights

AI systems are trained on vast volumes of data, sometimes including protected works: images, text, music or databases.

According to WIPO, a large proportion of the datasets used to train generative AI models contain content protected by copyright (text, images, designs, music), raising significant legal questions for intellectual property.

Risks of infringement and harm to protected works

An AI can generate content close to existing works, exposing businesses to the risk of infringement.

A technology company secured its models after identifying a risk of reproducing protected images, avoiding costly litigation (anonymised client case).

Liability linked to artificial intelligence systems

The question of liability is central: developer, user or operator? According to a survey conducted for the European Commission, 33% of European businesses consider legal liability for damages to be a major obstacle to the adoption of artificial intelligence, highlighting the impact of legal uncertainty on the spread of these technologies.

See the survey

The commercial exploitation of AI-generated creations raises many legal uncertainties, particularly over ownership of rights and the lawfulness of content used to train models. In the absence of a clearly established legal framework, a work generated or assisted by AI may see its protection challenged, undermining its economic value.

These grey areas expose businesses to contractual risks, to the challenging of granted rights, or to disputes with third-party rights holders. Upfront legal structuring is therefore essential to secure commercial exploitation and avoid intellectual property disputes.

  • Copyright (for assisted creations);
  • software protection;
  • trade secrets;
  • contracts governing the use of AI systems;
  • patents for certain technical innovations.

With the progressive rollout of the AI Act within the European Union, requirements relating to transparency, data governance and the liability of artificial intelligence systems will be reinforced. Businesses that use or develop AI solutions will, among other things, need to document their models, govern the use of data and demonstrate the compliance of their systems according to their level of risk.

Anticipating these changes makes it possible to factor regulatory constraints into innovation projects now, rather than facing late and costly adjustments. This proactive approach secures investment and strengthens the long-term legal credibility of AI solutions.

Anticipate regulatory developments in AI

Why get support on AI and intellectual property?

A constantly evolving area of law

The legal framework surrounding artificial intelligence is evolving at a particularly fast pace, owing to the interaction between new European regulations, the positions of intellectual property offices and the first court decisions. Essential concepts such as authorship, originality, liability or the legality of the data used are still being clarified.

This regulatory instability creates areas of uncertainty for businesses using AI systems. In this context, specialised legal monitoring is crucial to anticipate changes, adapt practices and durably secure innovation projects.

The importance of expert support

Expert support makes it possible to identify risks, secure rights, contractually govern AI, and enhance the value of innovations in full compliance.

Get support from a Gevers AI and intellectual property expert

Gevers, expert in intellectual property and artificial intelligence

Gevers supports innovative companies facing legal challenges around intellectual property and AI, data, automated systems and innovation. Our experts and intellectual property lawyers work to secure strategic assets and anticipate the risks linked to the use of artificial intelligence.

Strategic and operational support

Intellectual property audits, protection strategy, contracts, risk management and litigation: we get involved at every stage.

An AI solutions provider secured its algorithms and generated content, strengthening its credibility with industrial partners (anonymised client case).

Conclusion

Artificial intelligence is transforming the rules of creation and innovation. Faced with technological opportunities and legal risks, businesses must develop a well-defined strategy to protect their works, data and innovations.
Getting support on AI issues from an intellectual property firm makes it possible to anticipate legal developments, limit the risk of counterfeiting and turn AI into a genuine lever for sustainable performance.

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Written by Julie Christol

French and European Trademark & Design Attorney

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FAQ – AI and intellectual property

Who owns the rights to a work created by AI?

Under current European law, a work generated exclusively by AI does not automatically benefit from copyright. Rights may be recognised if human intervention is decisive and demonstrable.

What are the legal risks linked to AI-generated content?

The main risks concern counterfeiting, the unauthorised use of protected data and uncertainty over the ownership of rights.

How can you protect an innovation that uses artificial intelligence?

Protection relies on a combination of levers: copyright, software protection, patents, trade secrets and tailored contracts.

Why get support on AI and intellectual property issues?

Expert support helps legally secure your projects. It makes it possible to anticipate regulatory developments and enhance the value of innovations in full compliance.

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