GENERATIVE AI AND INTELLECTUAL PROPERTY RIGHTS:

Abstract

Generative Artificial Intelligence (Generative AI) has revolutionised creativity and innovation across fields such as education, business, media, healthcare, and the tech industry, transforming how people think and work. Today, AI tools like ChatGPT, Gemini, Midjourney, and DALL·E can create content independently from humans in all forms: text, images, software code, designs, and inventive solutions, which now pose a threat to traditional notions of authorship, ownership, inventorship, or legal responsibility. The current IPR systems are mainly designed to safeguard works of human creativity, but with the introduction of AI-generated works, significant legal, ethical, and governance issues have arisen. This study explores the changing landscape of the relationship between Generative Artificial Intelligence and Intellectual Property Rights, with a special focus on ownership, creativity, and patentability, as well as patent governance in the digital innovation economy. The paper uses a conceptual research approach and an analytical approach based on doctrinal legal analysis, comparative policy evaluation, and literature review of current literature, international legal cases, and new AI governance frameworks. It examines issues such as copyright conflicts with AI-generated works, claims to inventorship, ethical issues with data training, limits on current patent laws, and algorithmic accountability. The study also makes a valuable contribution to interdisciplinary discussion by incorporating law and management, innovation studies, and technology governance perspectives, and by offering conceptual suggestions for developing sustainable and responsible innovation ecosystems that leverage AI technologies.