The rapid advancement of artificial intelligence (AI) has sparked extensive discussions about its protection under intellectual property (IP) law, particularly regarding copyright, trade secrets, and patents. In the UK, the Copyright, Designs and Patents Act 1988 allows text and data mining (TDM) for non-commercial purposes but raises concerns over unauthorized use for training AI. Legislative consultations seek to clarify the TDM exception for commercial use. The UK courts are grappling with primary and secondary copyright infringement claims linked to AI training. Meanwhile, the US employs a fair-use doctrine, with courts actively addressing AI copyright issues, including the status of AI-generated works. Trade secrets provide a valuable alternative for protecting AI assets in both jurisdictions, as they do not require public disclosure. However, patenting AI technology poses challenges due to the necessity of human inventors. Companies must closely monitor evolving legal frameworks to effectively safeguard their AI innovations.
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