Generative AI & Intellectual Property - Protection & Liability

Introduction

A companion half-day seminar to AI Agents in the Workplace: Risks, Pitfalls & Practical Safeguards is MBL Seminars’ half-day Generative AI & Intellectual Property - Protection & Liability.

Assuming a working knowledge of IP law and practice, this special half-day course will consider in particular:

• The extent to which ‘genuinely’ AI created works and AI-devised inventions may presently be able to attract IP protection in the UK
• Liability for infringement by using AI generated content (text, images, sound, etc.) and, ideally, the need for due diligence before using such content

What You Will Learn

This course will cover the following:

• What is an AI generated work or invention in practice? Generative AI (GenAI) and AI Agents in agentic systems - are they the same?
• The differences between a ‘genuinely’ AI generated work and a computer-generated work (‘CGW’). Making good and effective use of the grey area between them for IP purposes
• The apparent reasons for allowing or denying IP protection in certain circumstances under present UK law and practice. The decisions in Thaler v Comptroller-General of Patents, Designs and Trade Marks (2023) and Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks (2026) - how wide might these Supreme Court’ decisions be? Importance of the late 2025 High Court decision in Getty Images v Stability AI?
• The major copyright issue of training by AI engines. Trying to identify if a work might have been trained by a GenAI provider. Ways to minimise a work from being trained
• Liability for infringement - if an AI generated work or invention were an infringing one, who could be liable? Importance of reading the terms and conditions of GenAI providers and then keeping them under review going forwards
• In brief, the need for additional due diligence before using AI generated content in respect of hallucinations, accuracy, privacy and security
• The benefit of careful and timely record keeping for any project that might result in an arguably AI created work or devised invention
• Assignments and licences of AI created works and inventions - new difficulties?
• How UK IP law, and especially copyright, might well be amended over the next two or so years