Trends With: Karin Crafoord

We have now entered 2025, and it is evident that the focus on artificial intelligence (AI) continues to trend across virtually all industries, including the IP sector. It is widely acknowledged that AI is regarded as one of the most revolutionary technologies and it cannot be a coincidence that AI was a prominent theme in last year’s Nobel Prizes in Physics and Chemistry. The rapid development of generative AI holds the potential to deliver economic and societal benefits across various sectors, though it also presents challenges that must be addressed. The new AI Act within the EU represents an effort to tackle some of these challenges, particularly by ensuring the protection of fundamental human rights and legal principles. Observing the implementation and development of the AI Act, which is the world’s first comprehensive AI legislation, will be of great interest.

From a personal perspective, I recognize that my colleagues and I will be impacted by the growing integration of generative AI and AI tools in our daily tasks. This integration presents several legal challenges, including issues related to data protection and privacy and intellectual property. For us it is crucial to ensure the protection of confidentiality and privacy, and to remember that AI cannot replace human judgment and moral responsibility.

More broadly, a significant challenge posed by the rapid advancement of generative AI is the vast amount of data these systems process and produce. Some important questions include under what conditions the training and/or use of AI systems can – or should be considered to – infringe on someone else’s intellectual property rights. Further, AI-generated inventions and creative works raise questions about authorship and ownership. Current IP laws generally require a human creator to grant rights, but as AI systems become more autonomous, there is growing debate over whether AI should be recognized as an inventor or author. In response to these challenges, some jurisdictions are beginning to explore legal reforms. For instance, the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) have rejected patent applications listing AI as the inventor, but the debate continues. Businesses relying on AI for innovation will need to stay informed about these developments to protect their IP effectively.

The implementation of AI tools is significantly improving the efficiency and effectiveness of intellectual property management. AI can automate tasks such as patent searches, trademark monitoring, and copyright infringement detection, thereby freeing up time for more strategic activities. This presents excellent opportunities for us as legal professionals. Furthermore, generative AI offers remarkable possibilities, including the creation of AI-generated art, music, and literature, as well as the development of new inventions and technologies. Additionally, AI can be employed to detect and combat IP infringement. AI-powered watermarking and fingerprinting technologies, for example, can be used to protect IP and assist businesses in identifying and prosecuting counterfeiters and other infringers. In summary, the use of AI presents enormous opportunities.