IPOPHL eyes clearer rules on AI-aided work

An AI (Artificial Intelligence) sign is seen at the World Artificial Intelligence Conference (WAIC) in Shanghai, China, July 6, 2023. —REUTERS FILE PHOTO

The Intellectual Property Office of the Philippines (IPOPHL) and the Bureau of Copyright and Related Rights are considering guidelines to clarify the extent to which works created with the assistance of AI may be eligible for copyright protection.

The bureau is also examining the legal and practical implications of AI on copyright protection and enforcement, as the technology becomes more widely used in the creative industries, the agency said.

Meanwhile, IPOPHL said its Bureau of Patents has begun developing internal guidelines for examining AI-related inventions and innovations. Also, the Bureau of Trademarks is exploring the use of AI tools to enhance its search and examination processes.

Plans to address AI-related IP issues had been discussed during the term of former IPOPHL director general Rowel Barba. Barba proposed developing a system to determine how much of an AI-assisted work could qualify for protection.

Under existing laws, IPOPHL grants IP protection only to works created by humans. Copyright applies to original literary, scientific and artistic works; trademarks protect distinctive marks and patents cover inventions that provide technical solutions.

For partially AI-generated works, copyright only protects the human-created portions, based on declarations made by creators identifying which parts were produced using AI.

Other countries, such as the United States, allow copyright applications for AI-assisted works. This, provided the human contribution outweighs the AI-generated content.