Abstract
The invention of Artificial Intelligence (AI) has posed numerous legal challenges across various fields, including intellectual property law. What once existed solely in science fiction movies and novels has now become a tangible reality. The capabilities of AI have reached such an extent that it can rival the human brain, generating works that not only match human intellect but, in some cases, exceed it. While AI offers multiple advantages, it is not without its drawbacks. Traditionally, intellectual property protection applied exclusively to human-generated works, with only humans recognized as the owners of such creations. However, with the invention of AI and its creative capacity, the matters of ‘protectability’ and ‘ownership’ of creative and inventive works have become increasingly ambiguous and demand resolution. Since international conventions like the Berne Convention or the TRIPS Agreement do not provide any clear guidelines on this matter, every nation has the latitude to determine the legal status of AI outputs within their national boundary. Therefore, the objective of this article is to analyse the legal complexities of extending IP protection to AI-generated outputs and propose potential solution for Bangladesh. To achieve this objective, the article adopts a qualitative methodology. In addition to analysing national laws of different countries, the primary international instruments analysed include, but are not limited to, the Berne Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the European Patent Convention. The jurisdictions selected for the comparative study are the UK, USA, EU, India and Bangladesh.
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