As AI companies develop and deploy novel tools, models, and content, they face a complex and evolving intellectual property (IP) landscape. In the EU and the UK, traditional IP frameworks still apply, but AI introduces specific challenges around authorship, ownership, data use, and reputational risk. If you work in the AI space, this guide outlines key considerations for protecting and monetising your IP effectively.
European and UK copyright law protects original works such as code, publications, datasets (in certain circumstances), and training materials. However, copyright only applies to human authorship, so autonomously generated AI content may not qualify unless there is clear human creative input.
Patents may be available for AI innovations that offer a technical contribution beyond pure software. Abstract algorithms or data processing methods alone are not patentable under UK law.
Trade secrets can be used to protect proprietary models, datasets, and algorithms, provided appropriate confidentiality measures are in place.
AI development is often collaborative, involving researchers, developers, and commercial partners. European and UK law generally stipulates:
To monetise AI assets while retaining control, companies should consider licensing strategies:
As AI companies become more visible through public engagement, media appearances, or branded services, they may face risks from unauthorised use of their company names, logos, or executive likenesses—especially through AI-generated impersonations or deepfakes.
Although the EU and the UK both lack a standalone "right of publicity," protections exist through:
AI companies, like other high profile companies and individuals should monitor public datasets and generative platforms for misuse of company brands or affiliated individuals.
Using third-party data, models, or open-source code introduces legal risks if rights are not properly secured.
AI companies can be targeted or implicated in the spread of misinformation, impersonations, or harmful content resulting from the misuse of their tools.
By putting Etched® at the heart of our services, we are able to provide our clients with gold standard intellectual asset management.
Our trade mark and design attorneys are experts in all aspects of trade mark law and practice
Our trade mark and design attorneys are experts in all aspects design law and practice
Our intellectual asset management team uses Etched to proactively secure all the evidence you need on the blockchain
Our intellectual asset management team uses Etched to proactively secure all the evidence you need on the blockchain
