The protection of AI-generated outputs by patent law and related rights


AI-generated outputs (paintings created by softwares, new musical pieces generated from fed databases, scenarios, breaking news, medicine drugs developed by deep learning machines, etc.) are not yet subject to official protection by intellectual property law. Indeed, the criteria for copyright protection cannot be met, except by adopting a paradigm shift. Therefore, it appears interesting to seek legal solutions on the grounds of patent law or on the grounds of related rights. AI machines being themselves patentable, the outputs generated by these machines could find an ideal ground in patent law. Otherwise, the exploiters of these new kinds of creations could still be granted new related rights to be developed by legislators. These two possible solutions present the advantage of respecting the spirit of intellectual property law, thus avoiding disruption of the existing legal framework.



Iony RANDRIANIRINA is Assistant Professor at the University of Grenoble Alpes and Researcher at Centre de Recherches Juridiques (CRJ – UR 1965). She is also Associate Professor at Lyon Catholic University (UCLy) and Researcher at Centre de recherche Confluence Sciences & Humanités – Pôle Sciences juridiques (UR 1598).

She holds a Ph.D. from the University of Poitiers (CECOJI – UR 7353) where she defended her Ph.D. dissertation on « Trademark Rights ».

Her research agenda focuses on Business Law and Intellectual Property Law.

She edited a book entitled Cours de droit commercial (Gualino-Lextenso Editions, 2020).

She delivers classes and talks in Business Law and Intellectual Property Law.

She was a Visiting Professor at USEK (Lebanon) and the University of Szeged (Hungary).