IP laws inadequate for AI content, says stakeholder


PETALING JAYA: Malaysia’s current intellectual property (IP) laws may be inadequate to deal with the potential legal challenges arising from AI-generated works, says the Intellectual Property Corporation of Malaysia (MyIPO).

Its director-general Yusnieza Syarmila Yusoff said this was because the existing IP law is meant for human artists, which may result in possible gaps in future legal IP protection due to artificial intelligence (AI).

“The existing laws that govern trademarks, patents, copyrights, industrial designs and layout designs were enacted at a time when only human contribution was the foundation of creativity.

“However, the rapid development of AI has created gaps that need to be addressed, especially in identifying who should be recognised as the owners of AI-based works,” she said at a press conference after launching the National Dialogue on IP and AI yesterday.

Among other concerns, Yusnieza questioned the eligibility of AI-generated creations for protection under copyright or patent law.

She said recognising AI-generated works could also affect the originality and distinctiveness of the art industry, as creative works are produced with the click of a button.

To help develop a solution to this issue, she said platforms like the National Dialogue on IP and AI were key to understanding the situation before considering any drastic changes in IP law.

Key discussions of the dialogue included possible recognition of artwork fully generated by machines and the role of AI in creating patents and designs.

The one-day dialogue hosted more than 350 stakeholders and experts in the field of IP and AI.

They included government agencies, policymakers, legal practitioners, industry players, researchers and academics.

“MyIPO will use this dialogue to generate valuable input and forward-thinking perspectives to assist our ongoing efforts to strengthen our IP ecosystem in line with the realities of the digital age and AI.

“Malaysia must be ready to engage in the growing global discourse of AI-generated works and IP laws and shape policies that are both progressive and aligned with our national priorities,” Yusnieza said.

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