July 18, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office

 

 

In May 2024, the European Union officially approved the world's first regulatory law targeting artificial intelligence (AI) technology — the AI Act.

The provisions of the Act will be implemented in phases and establish comprehensive rules for AI technologies.

The passage of this Act marks a new stage in the development of AI technology and also has a profound impact on the field of intellectual property (IP).

I. Core Contents of the AI Act

The AI Act classifies AI technologies according to different levels of risk: "Unacceptable Risk," "High Risk," "Limited Risk," and "Minimal Risk."

AI applications at different risk levels will be subject to varying degrees of regulation.

AI applications categorized as Unacceptable Risk will be prohibited, such as social credit scoring systems.

High-risk AI applications, such as medical diagnosis and autonomous driving, must undergo strict review and regulation.

Limited-risk and minimal-risk AI applications are required to comply with certain transparency obligations, but are subject to relatively lenient regulatory requirements.

 

II. Impact of the AI Act on Intellectual Property Rights

1. Trademark and Brand Protection

The application of AI in brand marketing and trademark design is becoming increasingly widespread. AI is being used to automatically generate brand logos, advertising content, and marketing strategies, bringing new challenges and opportunities to trademark and brand protection.

First, the issue of copyright ownership of AI-generated content has sparked legal controversies.
Traditionally, the creators of trademarks and brand designs own the copyrights of their creations. However, AI-generated content may involve multiple data sources and algorithms, making it difficult to clearly determine ownership rights.
This uncertainty may lead to disputes over the rights to trademarks and brand designs. Businesses need to clearly define the legal ownership of AI-generated content to ensure that their brand assets are protected.

Secondly, AI technology can rapidly create a large number of similar or identical brand logos.
This poses a threat to the distinctiveness of trademarks, and businesses need to strengthen trademark monitoring and protection.
In addition, creators using AI to generate logos must ensure that all materials are properly licensed to avoid infringing on others' rights and facing legal risks.

2. Challenges to Patent Protection

The pace of innovation in AI algorithms and models is extremely fast, and traditional patent application and review processes may struggle to keep up with the rapid technological advancements.
This means that patent law needs further adjustments to accommodate the characteristics and development speed of AI technologies.

3. Copyright Protection Disputes

The copyright ownership of AI-generated content (such as text, music, images, etc.) has long been a controversial issue.
The AI Act emphasizes transparency and data governance, which will promote further clarification of copyright ownership for AI-generated content and ensure that the rights of creators and developers are protected.

 

III. Conclusion

AI technology relies heavily on the collection and processing of large amounts of online data.
Users should strengthen their data management and privacy protection measures to ensure that the use of AI technologies does not infringe on others' privacy or rights.

At the same time, when applying for trademarks, using AI to generate logos can significantly shorten the creation time.
Enterprises and individuals must pay attention to:

a. The speed of submitting trademark applications;
b. The increased likelihood of similar or identical prior cases — many creators are using AI to inspire logo designs;
c. Ensuring that the materials used are properly and legally licensed.

Goldkeen's Suggestion:
Once a brand name is decided, it is recommended to consult a professional trademark office or a licensed agent (such as Goldkeen Trademark) to assist you with trademark pre-screening and registration success rate evaluation, to secure brand protection at the earliest possible time.

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