The past month has witnessed a surge in the number of allegations regarding the infringement of intellectual property (IP) rights by artificial intelligence (AI) models. In this Insight article, Tasmiya Patel, Davin Olën, and Amaarah Kapdi, from Dentons, unpack the broad international legal framework that is applicable in such cases, the potential defenses available, and discuss the remedies accessible to parties claiming the infringement of their IP rights.
To navigate this landscape, the article first articulates the methods used by AI to develop neural networks. It then proceeds to address the applicable international IP rights regime, which is subsequently developed, and concludes with an examination of the likely relief that a court may grant in such cases.