How is generative AI impacting trade marks and designs?
The recent increase in the popularity of generative artificial intelligence platforms such as ChatGPT, by both individuals and businesses, illustrates how easy it is now to use such software to create new written materials such as promotional literature and social media posts, as well as software, designs, images, videos and sound recordings. Many businesses are now using generative AI to prepare such content, at the very least as a starting point for further development.
However, the use of generative AI does involve a number of risks, particularly in the world of intellectual property. Generative AI does, by its very nature, utilise existing content to create the outputs requested by the user. This in turn means that generative AI platforms may well produce materials that reproduce existing content to some degree, whether this is in the form of written content that has been reproduced from existing copyright works, designs or images that reproduce existing designs or artwork, or even new trade marks or promotional straplines that are the registered trade marks of third parties. It is therefore important to undertake appropriate searches and investigations before using any materials or content created by generative AI platforms, to ensure that such use does not infringe any third party IP rights.
Furthermore, a number of questions arise as to who owns the rights in content created by generative AI platforms. Various factors will dictate whether the user of the generative AI software will actually own such rights, such as the country in which the user is located, the AI platform used, and the nature of the inputs provided by the user.
We would therefore recommend that specialist IP advice is sought when utilising generative AI systems in the course of a business, to ensure that your rights are suitably protected and that you are not inadvertently infringing the rights of a third party. For further information in relation to these issues, please see the following articles or contact the attorneys below.