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02/04/2025 - AI and IP in Latin America: Legal Gaps, Innovation, and Risk (Latin America)

argument: Notizie/News - Intellectual Property Law

Source: LatAm List

LatAm List – The article analyzes the complex and fragmented legal scenario in Latin America regarding the intersection of artificial intelligence and intellectual property (IP). While AI is rapidly advancing across the region, regulatory frameworks remain largely outdated or incomplete, creating uncertainty for innovators, investors, and creators. The article outlines how countries like Brazil, Mexico, Argentina, and Chile differ significantly in their approaches—or lack thereof—to AI-generated content and its legal ownership.

The report identifies key issues, such as the absence of legal definitions for AI-created works and unclear attribution of rights. In many jurisdictions, current laws still assume a human creator, leaving AI-generated material in a grey zone. This legal ambiguity raises concerns over copyright enforcement, patent protections, and trade secrets.

Experts quoted in the article urge policymakers to modernize IP laws and develop region-wide frameworks that recognize AI’s role in content creation. Without such reforms, the region risks falling behind in global tech innovation while increasing legal risks for startups and content platforms.