Intellectual property protection in the era of artificial intelligence and the problem of generative platforms

Abstract This article focuses on Generative Artificial Intelligence (GenAI) systems and their impact on Intellectual Property Rights (IPR). A concise snapshot of the international legal framework will provide the coordinates to address the evolution of European and Italian regulations on the subject and to place them in the current doctrinal and jurisprudential debate. To generate high‐quality results, GenAIsystems require significant amounts of operational and training data, often containing information protected by IPR. Some important US cases are laying the foundations for establishing what rights should regulate the impact of GenAI on human creativity, and while US courts contemplate where and when fair use may be permissible, European institutions have recently approved the final test of the first Regulation in the world on Artificial Intelligence ( AI Act ). The challenge is to create a European regulatory framework capable of standing the test of time, harmonizing national IPR and maximizing the advantages of GenAI in content creation without penalizing technological evolution or human creativity. The matter is the subject of a lively debate involving men of science and law.