Artificial Intelligence (AI) is reshaping industries worldwide, and intellectual property (IP) law is no exception. From AI-generated artworks to machine-learning-driven product innovations, businesses are increasingly asking: how do we protect our intellectual property in the age of AI?
At BrandU Legal, we specialise in helping businesses adapt to evolving IP landscapes. In this article, we’ll explore how AI is changing the way we think about trade marks and copyright, and what this means for your brand.
AI and Trade Marks: New Frontiers
AI tools are revolutionising branding by generating names, logos, and even taglines. But who owns the rights to these AI-created assets?
Currently, Australian law requires that a trade mark must be applied for by a legal person or entity, not a machine. This means businesses using AI to create branding assets should ensure they have the proper legal rights to file and own the trade mark.
Another challenge is brand monitoring. AI-driven tools can help businesses detect potential infringements faster. Yet, with the rise of AI-generated content, we’re also seeing more instances of similar logos or brand names created unintentionally, increasing the risk of trade mark conflict.
Copyright in the Age of AI
Copyright law is also being tested by AI. If an AI generates music, art, or written content, does copyright apply? And if so, who owns it. The user, the developer of the AI, or no one at all?
In Australia, copyright generally requires a human author. This means works solely generated by AI may not be protected. Businesses that rely heavily on AI-generated creative assets should consider hybrid approaches, where human input is added to ensure copyright eligibility.
For businesses, failing to understand this distinction could mean losing valuable IP rights. If you want to learn more about copyright strategy for your business, see our article on Top 5 Mistakes Businesses Make Without a Copyright or Trade Mark Lawyer.
Enforcement Challenges in the Digital Era
AI has also changed the enforcement game. On one hand, AI-powered monitoring can help detect IP infringement faster than ever. On the other, AI tools can be used to generate copycat content at scale, making enforcement more difficult.
For example, if your trade mark is misused in digital advertising or your copyrighted work is replicated by AI tools, it’s critical to act swiftly. Tools like a Cease and Desist Letter remain powerful first steps in defending your rights.
What Businesses Should Do Now
- Audit Your IP Portfolio
Make sure your trade marks are properly registered and up to date. - Clarify Ownership of AI-Created Assets
If you use AI for branding or creative work, ensure contracts specify ownership rights. - Educate Your Team
Marketing and creative teams should understand the limits of AI-generated works. - Seek Professional Advice
With laws evolving, working with an IP lawyer ensures you’re ahead of the curve and not exposed to risk.
How brandU Legal Can Help
At BrandU Legal, we advise businesses navigating the challenges of protecting intellectual property in the digital era. Our expertise spans trade mark registration, copyright strategy, enforcement, and dispute resolution.
Whether you’re exploring AI-generated branding or protecting creative works online, we can help you future-proof your IP strategy.
Final Thoughts
AI brings both opportunities and challenges for IP law. While it can make brand creation and monitoring easier, it also raises new questions about ownership, copyright eligibility, and enforcement.
The future of IP in the age of AI will continue to evolve, but one thing is certain: protecting your trade marks and copyright remains essential to securing your brand.
👉 Reach out to BrandU Legal today to discuss how we can protect your intellectual property in the digital era.
FAQs: IP in the Age of AI
1. Can I register an AI-created logo as a trade mark in Australia?
Yes, you can register a logo generated with the help of AI, provided the applicant is a legal entity (a person or company) and not the AI itself. The key is ensuring you have proper ownership rights over the output.
2. Does copyright protect AI-generated content?
Under Australian law, copyright generally requires a human author. This means content created entirely by AI may not be protected. Adding human creative input can help ensure copyright eligibility.
3. What happens if another business uses my trade mark with AI-generated ads or content?
You still have the right to enforce your trade mark. The first step is often a Cease and Desist Letter, followed by further legal action if needed.
4. Can AI make trade mark conflicts more common?
Yes. Since AI tools can generate names and logos quickly, the risk of unintentional similarities has increased. This makes conducting a trade mark clearance search more important than ever before.
5. How can businesses prepare their IP strategy for the digital era?
Start with an audit of your current portfolio, register key trade marks, review ownership of AI-generated works, and seek professional legal advice. For new brands, see our guide on When to File Your Trade Mark as a New Business.