Recht·IE Forum·19 jan

The IP protection of AI output

In the summer of 2024, my colleague Kim de Bonth and I wrote an article (in  Dutch ) discussing the protection of AI-generated output where no human creative input was involved. We concluded that such output would not qualify for copyright protection as it lacks human creativity. This was a hot topic at the time – and remains one today. While we excluded copyright protection, we argued that design law does not require human involvement or creativity to provide protection. This suggests that AI-generated output could still benefit from design protection.