Using AI tools like ChatGPT for tasks such as rewriting emails, drafting posts, or creating content is generally legal, but ethical considerations are essential. Users should disclose AI’s involvement when originality matters, avoid sharing confidential data, and comply with applicable laws. While these guidelines seem simple, misuse of AI tools still occurs. For example, a New York lawyer faced disciplinary action for citing a fake case generated by ChatGPT in a medical malpractice lawsuit.
AI, offers great opportunities in the field of law and IP in particular, such as using advanced AI tools to detect and prevent IP infringements, ensuring compliance and safeguarding creative works. However, it also presents challenges, Laws such as the EU AI Act and the AI Initiative Act in the U.S. address some complexities of AI, but key issues like ownership, fair use, and liability remain unresolved.
Key Legal Challenges in AI and IP
1. Ownership of AI-Generated Content
Who owns the rights to creative works made by AI, such as music, art, or inventions? Different countries have taken varied approaches to this question. Many, like the US, UK, and Australia, require a human creator. This was highlighted in the Thaler v. Commissioner of Patents case, where Stephen Thaler argued that his AI system, DABUS, should be recognized as an inventor. Courts rejected this claim, stating that inventors must be human, reflecting the challenge of adapting traditional IP laws to AI.
In contrast, China has shown more flexibility. In the Shenzhen v. Shanghai Yingxun case, a court ruled that AI-generated content could be copyrighted if it meets the criteria for copyright protection. The decision emphasized that human input, such as setting parameters or making creative choices, constitutes authorship. While the work was created with AI assistance, it was still eligible for copyright under Chinese law.
2. Fair Use
Fair use has historically been a key defense against IP infringement claims. In the context of AI, it raises the question: does using a database for training AI fall under fair use, or is it a violation of IP rights? Well, the answer is simple, it depends. A notable example is the Authors Guild v. Google case. Google scanned millions of books to create a searchable library, leading to a lawsuit over copyright violations. The court ruled in Google’s favor, saying the project was transformative and benefited society. This case highlights the tricky balance between encouraging innovation and protecting creators’ rights.
3. Liability for AI Misuse
Determining who is responsible for IP infringements involving AI—whether it’s the developer, user, or AI itself—is still a debated issue, and different countries approach it in various ways.
In India, a landmark case involving Bollywood actor Anil Kapoor set a precedent for protecting celebrity rights. Kapoor sued 16 defendants, including websites, social media platforms, and apps, for using his likeness through AI without permission. The court ordered domain registrars like GoDaddy.com and Dynadot to block and suspend domains such as anilkapoor.com.
In contrast, the Waymo v. Uber case in the US highlights the complexities of AI-related liability. Waymo accused Uber of misusing trade secrets in self-driving technology and settled the case for $245 million. However, unresolved questions remain about accountability—whether it lies with the employee, employer, or developer—showing the ongoing challenges in addressing AI-related disputes.
Global Discussions and the UAE’s Leadership in AI
The global IP community is actively working to address challenges posed by AI through events and discussions focused on its impact on IP laws, strategies to prevent infringement, and ways to use AI effectively.
Last year, I attended The Business of AI Conference in New York and the INTA Annual Meeting 2024 in Atlanta. These events explored key issues such as AI’s potential to generate inaccurate data, ethical concerns like bias and data privacy, and the importance of transparency in AI operations.
More recently, I participated in the Global IP, AI & Tech Conclave & Awards 2025 and WIPF Dubai 2025, which highlighted Dubai’s growing role as a regional AI hub. Discussions included IP strategies in the era of technological transformation, licensing opportunities in emerging markets, and the use of mediation and arbitration in AI-related IP disputes. However, these events lacked specific focus on AI-related legal and IP issues in the UAE. To my knowledge, there are no publicly available court decisions in the UAE addressing IP disputes involving AI usage, leaving a gap in understanding how such cases might be handled locally.
If it hasn’t started already, I expect Dubai courts to see cases related to IP issues in AI soon, given the UAE’s leadership in AI and advanced technology. The country’s commitment to AI development is evident in initiatives like Microsoft’s $1.5 billion investment in G42, driving advancements in sectors such as healthcare, education, and energy. With ambitious goals for economic growth by 2031, the UAE is integrating AI into key industries to promote sustainability and innovation.
The UAE Charter for the Development and Use of Artificial Intelligence, issued on June 10, 2024, outlines the nation’s vision to become a global hub for AI innovation. It focuses on ethical, responsible, and inclusive AI development, aligning with the UAE’s AI Strategy by emphasizing infrastructure readiness, public trust, and compliance with safety, privacy, and legal standards.
While the charter does not specifically address IP concerns, Article 12: Commitment to Treaties and Applicable Laws highlights the importance of adhering to international treaties and local laws in AI development and use. In my opinion, this article will serve as the foundation for resolving AI disputes in the UAE. Cases will likely rely on local laws such as the trademark and copyright laws, commercial law, and unfair competition principles, as well as the Paris Convention, which the UAE adopted through Federal Decree No. 20 of 1996. The convention has been a cornerstone for most IP claims in the country.
Proactive Measures to Address AI-Related IP Issues
As outlined above, IP and AI disputes remain complex and unclear, making it essential to adopt proactive strategies to address these challenges effectively. Governments, companies, and individuals are advised to consider the following steps:
- Register IP Rights: Officially register copyrights, trademarks, and patents to secure protection.
- Use AI Detection Tools: Utilize platforms like Content ID (for YouTube) or image recognition tools to spot unauthorized use of IP.
- Educate Stakeholders: Raise awareness among employees, creators, and collaborators about IP policies and enforcement mechanisms to promote compliance and innovation.
- Stay Updated on Laws: Monitor changes in laws and regulations regarding AI-generated works, focusing on ownership, liability, and infringement.
- Adopt Licensing Frameworks: Establish licensing systems for AI training on copyrighted materials to balance innovation with creator rights.
- Ensure Transparency: Encourage companies to disclose data sources and AI training methods to minimize infringement risks.
AI brings great opportunities for innovation, but its complex and changing nature creates challenges for IP experts and lawmakers. To manage these challenges, it’s important to stay updated, take proactive steps, and work together across industries. As AI continues to impact the IP world, the goal should be to make the most of its benefits while carefully managing its risks.
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United Arab Emirates Legislations
Another NY lawyer faces discipline after AI chatbot invented case citation | Reuters
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Article edited by AI