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Use this checklist as a guide to ensure you’ve covered all critical IP and compliance aspects during your AI development process:
- Part 1: Using others’ data for training and building AI systems
- Part 2: Creating and storing data
- Part 3: Functionalities and features of AI systems
- Part 4: User interface and output of AI systems
Before you begin:
- Define your AI project’s scope and identify key IP protections.
- Consider your trade secrets: Limit the information to only the people who need to know.
- Implement safeguards (NDAs, encryption, access controls) to protect proprietary algorithms, data and methods.
DATA
- Confirm that you have permission to use the training data (verify ownership and license terms)
- Possibly, assess whether the use of copyrighted material qualifies under fair use exceptions
- Ensure that data you collect/use complies with privacy laws (GDPR, CCPA, CPPA, AIDA)
- Ensure an appropriate level of cybersecurity for your data
MODEL & FUNCTIONALITY
- Ensure employee agreements, contracts etc. discuss IP ownership and that the ownership of software code, secret methods etc. are assigned to the company (see Protecting Your Company’s Copyrights) .
- During development, use technical and review mechanisms to prevent original third-party content from appearing in final outputs.
- If you use Open Source Software: keep a log of updates and license terms to ensure your usage complies with the respective license terms (see Open Source Licenses | Choose a License)
- If you think your solution is patentable, study our Beginner's Guide to Patenting Software and AI and consider connecting with a specialist to do a patentability assessment
USER INTERFACE
- Consider protection of valuable brands and user interface elements with trademarks and design patents.
- Ensure you offer your AI under license terms that clearly define user rights, data usage, and liability limitations. Include disclaimers and liability limitations for AI-generated content.
Other resources
Implementation guide for managers of Artificial intelligence systems: A guide intended to help managers of artificial intelligence (AI) systems implement the Canadian Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems.
About the Author:
Allessia Chiappetta is a second-year JD candidate at Osgoode Hall Law School with a keen interest in intellectual property and technology law. She holds a Master of Socio-Legal Studies from York University, specializing in AI regulation.
Allessia works with Communitech’s ElevateIP initiative, advising inventors on the innovation and commercialization aspects of IP. Allessia regularly writes on IP developments for the Ontario Bar Association and other platforms. Allessia is trilingual, speaking English, French, and Italian.
ventureLAB, in partnership with Communitech, is a recipient of Federal Government funding under ISED’s ElevateIP program in Ontario, Manitoba and Saskatchewan.
ventureLAB is a corporation incorporated under the laws of Ontario and is not an agent of the Crown.
