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Building an AI system is more than creating algorithms, code and data. It also comes with responsibilities to ensure that no part of the system is created from stolen data, copied without permission, or could potentially cause significant harm if the system is hacked or used inappropriately.
AI Deployment and User Interface – Trademarks
AI models are launched through web apps, Application Program Interfaces (APIs), or embedded systems that the user recognizes. This connection and recognition by the consumers is important, especially as familiarity can build loyal customers. This is why companies protect their brand names and logos as registered trademarks or industrial designs to prevent competitors from imitating them. For example, Amazon’s Alexa, Google’s Gemini, and OpenAI’s ChatGPT are protected trademarks that help ensure the value of these brands are not diluted by confusingly similar brands and/or copycats.
Securing Unique User Interfaces
Unique visual or interactive elements in AI-driven UIs can be safeguarded with industrial design rights or trademarks. Industrial design refers to the visual features of a product (shape, pattern, or layout) that give it a unique appearance. These forms of legal protection give you the right to exclude others from copying or using your designs without permission. This guarantees that your unique designs remain exclusively yours.
Output Of the AI System: Who Owns AI-Generated Work?
As AI becomes more capable of producing inventions and creative works, a key legal question has emerged: who owns the output, especially when no human directly creates it? In patent law, an inventor typically needs to be a “natural person”, at least for now!
Dr. Stephen Thaler, founder and chief engineer at Imagination Engines Inc. has attempted to list his AI system, DABUS, as an inventor on patent applications across multiple jurisdictions, including the UK, the U.S. and Australia. Except for South Africa, courts and patent offices around the world have consistently ruled that only human beings can be inventors. AI systems cannot be listed as inventors on patent applications. Human involvement is still required for patent eligibility.
What This Means for Companies
For companies using AI, human input is essential if you want to claim ownership of AI-generated inventions or creative works. The debate over whether AI can be an inventor or author continues.
In Canada, only human beings can be recognized as authors or inventors under current IP laws.
Reduced liability for AI-generated content: License terms
With many IP components to consider, AI creators and providers of AI-generated content may consider connecting with a lawyer to draft licensing agreements, master service agreements etc. to set clear usage rights and liabilities of the AI-generated content. Correct terms in agreements are key when using third-party interfaces or development kits to avoid unauthorized use. Similarly, it's increasingly common to include disclaimers (or indemnity clauses) that limit liability for AI-specific issues such as infringing content, hallucinations, defamation or false statements, etc. to ensure the provider isn’t held accountable for unintended results generated by the model.
AI innovation is surging, bringing with it a wave of IP disputes and regulatory challenges. To harness AI’s power and avoid risks, companies must actively protect their intellectual property and stay on the right side of the law.
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.
