Safeguarding AI-Generated Designs
In an era where artificial intelligence (AI) is revolutionising industries and transforming the way we live and work, protecting the innovative designs behind these technologies has never been more crucial. As businesses invest heavily in AI development, ensuring the security and ownership of intellectual property rights becomes a pivotal concern.
Why Traditional Patents Fall Short for AI Designs
Protecting your AI designs, even if they cannot be registered as patents, is highly beneficial for several reasons. While patents are a common form of intellectual property (IP) protection, they are not always suitable for AI-generated designs due to the stringent requirements for novelty and inventiveness. However, other forms of IP protection, such as design rights, can offer significant advantages.
Leveraging Design Rights for Protection
Registered Design Rights
Registered design rights safeguard the appearance of products, an essential aspect of many AI-generated designs. These rights:
- Provide protection for up to 25 years.
- Offer a cost-effective alternative to patents.
- Prevent competitors from copying the aesthetic elements of your designs.
By securing these rights, businesses can protect their market position and build stronger brand identities.
Unregistered Design Rights
For industries with fast-paced innovation, unregistered design rights are a practical option. They:
- Automatically protect the shape and configuration of designs without requiring formal registration.
- Offer protection for up to 15 years.
This makes them ideal for rapidly evolving AI-generated designs, where speed to market is crucial.
Legal Advancements in AI Design Protection
The UK Intellectual Property Office (IPO) has recognised the importance of protecting computer-generated designs and is considering extending supplementary unregistered design rights to cover these creations. This indicates a growing acknowledgment of the value and uniqueness of AI-generated designs within the legal framework. Ensuring that your AI designs are protected under the current design rights regime can provide a competitive edge and legal recourse against infringement.
Complementary Protection: Copyright
In addition to design rights, copyright laws can help protect the technical elements behind AI-generated designs. While design rights cover the visual aspects, copyright applies to:
- The underlying code.
- The algorithms used to create AI designs.
This dual approach ensures comprehensive protection for your innovations.
Why Protecting AI Designs Matters
Securing your AI-generated designs offers several benefits:
- Safeguards creative outputs from competitors.
- Strengthens your competitive advantage.
- Ensures legal recourse against unauthorized copying or use.
How We Can Assist
If you are looking to protect your AI-generated designs, whether you need assistance with the initial application, advice on compliance with legal requirements, or representation in case of disputes, please do not hesitate to contact us for more information.
Brandon Gillard-Bunting is a Trainee Solicitor and can be contacted at blgb@prestonredman.co.uk. His work is supervised by Mark Lello who is a Partner at the firm and Mark can be contacted at jml@prestonredman.co.uk.
