Source: CMS Law Now

This article explores the possibility of granting legal protection to AI-generated designs under the European Union's existing design law framework. As AI systems become more capable of creating unique and innovative designs, questions are emerging about whether these creations can be registered as intellectual property (IP) under EU law. The article examines the current legal landscape and evaluates whether AI-generated designs meet the criteria for design protection, such as originality and individual character.

There is ongoing debate about whether AI-generated designs, which lack a human creator, can qualify for legal protection under traditional IP laws. Some argue that the law should be updated to reflect the growing role of AI in creative industries, while others caution against expanding protections to non-human creators, as it could complicate enforcement and ownership rights.

The article concludes that while AI-generated designs present new legal challenges, the EU could potentially amend its design laws to account for AI-driven innovations, ensuring that both human and AI-generated designs are adequately protected.