The MARQUES Famous and Well-Known Marks Team has published the results of a survey on trade mark issues presented by AI.

The report covers how companies and law firms deal these issues. It is based on responses from practitioners in 27 countries.

Respondents were asked to provide short answers to questions relating to topics including the existence of national regulations concerning AI, the possibility to protect AI generated content, if AI platforms could infringe IP and be held liable, and to what extent the practitioners had been providing AI related advice to clients.

The report can be downloaded from the Team page here (MARQUES log-in required).

The report highlights that 65% of jurisdictions surveyed do not have specific legislation addressing AI. It states:

In regions like the EU, recent developments such as the Artificial Intelligence Act have begun to set a regulatory framework, but the protection of AI-generated work remains unclear. In many jurisdictions, that is due to the requirement of some form of human creativity. Some countries like China are ahead of the pack and could grand protection through copyright if and where AI-generated work results from human input. Other European jurisdictions are also discussing this criterion for protection.

So far, no AI platforms seem to have been held liable by a Court decision for infringing IP rights, but most of the jurisdictions have the adequate legal tools to sanction such a violation by both the AI platforms and their users. However, mere use of the IP rights by the AI Platforms may not be enough to claim infringement and right owners should watch out for the potential "fair use" defense or similar.

It is worth noting that, except in Canada and Spain, AI is not yet used by examiners or Courts to assess trademark cases… but it may soon change.

The report was compiled and edited by Laura Fresco of HOYNG ROKH MONEGIER, Helena Wassén Öström of Westerberg & Partners Advocatbyrå and Frédéric Serra of HOUSE attorneys.

It is part of a series of articles on AI, all of which can be downloaded from the Team’s page.