A3 Book section, Chapters in research books
Artificial Intelligence and EU Design Law (2024)
Antikainen, M., & Härkönen, H. (2024). Artificial Intelligence and EU Design Law. In D. Beldiman (Ed.), Design Law : Global Law and Practice (pp. 612-650). Edward Elgar. https://doi.org/10.4337/9781800886520.00034
JYU authors or editors
Publication details
All authors or editors: Antikainen, Mikko; Härkönen, Heidi
Parent publication: Design Law : Global Law and Practice
Parent publication editors: Beldiman, Dana
ISBN: 978-1-80088-651-3
eISBN: 978-1-80088-652-0
Publication year: 2024
Publication date: 17/09/2024
Pages range: 612-650
Number of pages in the book: 766
Publisher: Edward Elgar
Place of Publication: Cheltenham
Publication country: United Kingdom
Publication language: English
DOI: https://doi.org/10.4337/9781800886520.00034
Publication open access: Not open
Publication channel open access:
Publication is parallel published (JYX): https://jyx.jyu.fi/handle/123456789/97994
Publication is parallel published: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4575982
Abstract
This Chapter inspects the possibilities for AI-driven design to receive protection under EU design law, paying special attention to digital designs. The Chapter notes that the concept of ‘designer’ does not necessarily prevent considering AI-generated designs as protected subject matter. However, it is the act of ‘design development’ that might be the obstacle for protecting AI-generated designs. Although the concept of ‘design development’ seems to be essential in EU design law, the meaning of this concept is unclear and scarcely researched. This Chapter brings clarity to this issue and investigates whether acts committed by or with the help of AI programs can be considered as ‘design development’ that results in protection. This Chapter concludes that the act of ‘design development’ requires human contribution, meaning that designs generated independently by AI may not be protected. However, the required level of human intervention is not very high, meaning that plenty of AI-assisted designs may be protected, if they fulfil the requirements of novelty and individual character.
Keywords: design (artistic creation); industrial design; artificial intelligence; design rights; intellectual property law
Free keywords: design law; European Union; AI; Digital Designs; designership; design development; Metaverse
Contributing organizations
Ministry reporting: Yes
VIRTA submission year: 2024
Preliminary JUFO rating: 2
