Reformulating Organisational Due Diligence to Assert Intellectual Property Rights and Enhance Asset Valuation: Responding to Emerging Jurisprudence Governing Artificial Intelligence

Abstract

In the knowledge economy, accumulating a wealth of intellectual property and safeguarding the associated rights is crucial for all organisations. Measures aimed at effectively asserting intellectual property rights (IPR) and enhancing its valuation are inevitable processes, which organisations need to cultivate and sustain. However, the internalisation of such a capacity often has a strong influence from lateral factors, like those exerted by market and legal forces. Based on the premise that the IP accumulation of organisations and the ensuing valuations have a significant nexus with legal and regulatory regimes governing relevant rights, the study identifies and evaluates emerging organisational challenges. Especially in the era of artificial intelligence, the paper emphasises the importance of organisations to take cognisance of contemporary legal developments pertaining to the permeating legal standards. The paper examines this in the specific context of emerging jurisprudence governing generative AI related IPR claims in major legal systems and identifies the implications for organisations in developing IP assets and sustaining their valuations. To determine how organisations need to develop response measures, the paper further examines potential legal harmonisation efforts of relevant international legal regimes and institutions. The paper argues that independent of any future standardisation in legal recognition and enforcement of IPR, organisations must develop their mission-specific strategies to assert and enhance valuation of IPR in AI assets and AI-generated works. The paper concludes with relevant recommendations based on the critical assessment of the formidable challenges and some early organisational responses to such challenges.

Presenters

M.P. Ramaswamy
Associate Professor, Law, University of Macau, Macao

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Organizational Intangibles and Tangible Value

KEYWORDS

INTELLECTUAL PROPERTY ASSETS, VALUATION, ARTIFICIAL INTELLIGENCE, ORGANISATIONAL RESPONSE, LEGAL HARMONISATION