The Place of Creation by Artificial Intelligence in Intellectual Property Law

Abstract

This article examines the legal status of AI-generated outputs within the framework of intellectual property law. It analyzes copyright, trademark, and patent protection under the current Georgian legal framework and the fundamental principles of intellectual property law. Particular attention is paid to the exclusion of artificial intelligence from legal personality, the conceptual distinction between an AI-generated output and a copyrighted work, and the criteria differentiating human intellectual creativity from content generated autonomously by artificial intelligence. The study argues that, under the existing legal framework, AI-generated outputs created without sufficient human creative contribution do not qualify for copyright protection and cannot be regarded as patentable inventions. By contrast, AI-generated signs may be registered as trademarks, provided that they satisfy the statutory requirements for trademark registration. The research employs normative, doctrinal, systematic, and comparative legal methods to evaluate the legal implications of AI-generated content. Based on the findings, the article proposes legislative amendments aimed at establishing a clearer and more coherent legal framework governing the protection and use of AI-generated outputs in the field of intellectual property law.