The Artificial Intelligence (AI) revolution is radically transforming the landscape of innovation and creativity . While some futuristic visions, such as autonomous machine creation, still seem distant, others, such as AI comedy generation, are already generating concrete disputes over intellectual property. AI is inescapably altering the balance of incentives that underpins the current intellectual property system.
It is crucial that policymakers keep a close eye on these developments. Faced with the possibility of any legislative reform, they face the challenge of not overreacting and of calmly analysing the emerging evidence on the impact of AI . As with previous technological revolutions, stakeholders require time to adapt, leading to the emergence of new business models, judicial interpretation of laws and consolidation of sectoral practices.
Moreover, hasty policy reforms risk creating unintended consequences and ignoring market self-regulation mechanisms. It is essential that any regulatory change is based on a sound understanding of emerging AI-driven dynamics and a balanced approach that fosters innovation without compromising the protection of intellectual property rights.
At the same time, political uncertainty can become a limiting factor for innovation . For example, companies might choose not to use AI in their innovative and creative activities if they perceive that doing so could lead to the invalidation of future intellectual property rights. AI pioneers might refrain from initiating projects or developing new services that present a high risk of copyright infringement.
Economists have a crucial role to play in this debate . This review highlights several aspects where a more robust and empirical understanding of the evolution of the innovation and creativity ecosystem could enrich the policy dialogue. One of the priority areas of research is to deepen the understanding of the changing nature of AI-driven innovation and creativity . This involves not only understanding R&D and creativity processes, but also analysing how AI is reshaping business models, competitive market dynamics and bargaining relationships in supply chains.
A second field of study focuses on understanding the implications of Artificial Intelligence (AI) for inventive and creative work in the context of traditional incentive mechanisms present in intellectual property laws. As previously mentioned, the prospect of AI adoption has already generated tensions in employment relations in various creative industries , although the impacts of AI will be diverse and multidimensional.
Finally, it is crucial to examine the ecosystem for the subsequent development and access to AI models , including training data, and its implications for future use by innovators and creators.
It is important to note that this article has focused exclusively on the role of Intellectual Property in relation to AI innovation. Furthermore, it is recognized that AI innovation, like innovation in general and the discovery of new, as yet unknown, applications of AI technology, contributes to the benefit of society.
However, as numerous experts, including AI researchers themselves, have pointed out, AI innovation poses a number of societal challenges , such as the spread of misinformation and algorithmic biases, that require careful attention from policymakers.
