Artificial Intelligence (AI) is a topic of growing relevance in the digital era we are currently living. As AI advances and integrates into different fields, challenges and opportunities arise related to the protection and use of Intellectual Property. 

To address this issue, I consider it necessary to define the two concepts:

Artificial Intelligencerefers to computer systems that seek to mimic human cognitive function through machines, processors and software for the purpose of performing data processing and analysis tasks. It ranges from computer programs such as virtual assistants, search engines, voice and face recognition systems, to embedded systems such as robots, drones and self-driving vehicles.

Intellectual PropertyIts rules cover the protection of everything related to the creative activity of the human mind, from works of art to inventions, computer programs, trademarks and other distinctive signs.

Having established simple concepts about Artificial Intelligence and Intellectual Property, we will refer specifically to the challenges that the relationship between the two currently presents.

A first challenge we can mention, is related to the need to reconfigure or determine criteria of who are considered within Artificial Intelligence as subjects and objects, taking into account that Artificial Intelligence and especially automated learning systems, are designed by people and they perform human tasks, and have the ability to create, without any person as such, participate in the products created. Nowadays, in the midst of the Artificial Intelligence boom, the question or concern arises as to whether the Intellectual Property Law is the normative system to regulate Artificial Intelligence. In addition, questions arise as to how to legally qualify the products of artificial intelligence, they can be considered as works, or they can be considered as infringements. In which cases should the authorship of the algorithmic creation be recognized? Which creative contributions will be sufficient to do so?

The debate, which has been going on for quite some time, has been reactivated as a result of several conflicts that have already arisen. In this context, there have already been claims from authors and creators denouncing the violation of their rights for including their works or creations in certain companies without due authorization. Cases such as these oblige the judicial authorities to study and study technologies in depth in order to be able to resolve conflicts, but they do not always have the tools and technical knowledge to do so. From this, we see the imperative need to address their study in depth, we see that one of the most complicated aspects of the relationship in Intellectual Property and Artificial Intelligence is the generation of content by machines. As AI generates literary works, music and art, the question of who is the author of these creations arises.

Intellectual Property rules traditionally fall on human creators, which poses a challenge to recognize the authorship of algorithm-generated works. It is of transcendental importance to address this issue from a legal and ethical perspective to ensure fair protection.

 Regarding this relationship between Intellectual Property and Artificial Intelligence, it must also be considered that the protection granted by Intellectual Property involves issues of patents, copyrights and trade secrets. Companies developing innovation algorithms and Artificial Intelligence technology face the dilemma of whether to patent their creations or keep them as secrets. If patent protection is chosen, exclusivity is obtained for a certain period of time, which undoubtedly allows monetization and recognition. On the other hand, if you choose to keep your invention secret, you can protect it from imitations, but it does not give you the required legal protection. Moreover, it should be kept in mind that keeping secrets in the long term can be challenging in the AI environment, considering that technologies evolve rapidly and secrets can also be leaked. Each scenario has its risks, pros and cons, depending on the strategy and objective of the creator, as well as the industry and the context in which each company or group of companies operates. But above all, Intellectual Property rules are currently not fully applicable to artificial intelligence creations due to the controversial aspect of the ownership of the creations.

In this context, a balanced approach is required to ensure the protection of innovations. Being complex and challenging the intersection between Intellectual Property and AI, this implies the need to reconsider the rules with the aim of generating new forms of regulation and protection that continue to meet the specific purposes of encouraging creation and innovation and entrepreneurship, but at the same time integrating new technologies in a transparent and responsible manner with new trends in regulations, not only national, but that these are of a global nature, seeking ethical balance between the actors involved in this new reality.

Within the existing connection between these two concepts, and outside the established debate, it is important to highlight that AI is nowadays collaborating effectively with Intellectual Property both in national offices and law firms. Aspects such as: Helping to identify copyright infringement of trademarks online, streamlining the process of enforcement of its rules.

Artificial Intelligence systems are able to accelerate the search and analysis of existing patents, facilitating their research and development. Artificial Intelligence can also identify copied or plagiarized content, safeguarding the rights of its creators. It can help companies manage and optimize their IP strategy more effectively.

This is how we have a long way to go to regulate AI. However, it is up to us to become aware of the implications it already has in all fields of our lives, being aware that it can become a useful tool to increase our productivity if we use it in an ethical, legal and fair way, without allowing it to absorb our essence of being human.