WIPO Director General Francis Gurry Discusses AI’s Transformative Impact on Intellectual Property Law and Administration

In anticipation of the 2018 meetings of the World Intellectual Property Organization’s (WIPO) Assemblies, Director General Francis Gurry shared his insights on the significant implications that artificial intelligence (AI) holds for intellectual property (IP) law, policy, and administration worldwide.

Gurry emphasized that AI represents a new digital frontier with far-reaching technological, economic, and social consequences. It is poised to transform how goods and services are produced and distributed, as well as fundamentally alter work and daily life.

While it remains early to predict precise outcomes, Gurry noted that AI will inevitably impact traditional IP concepts. The emergence of commercially viable AI-generated music and inventions challenges established notions of “composer,” “author,” and “inventor,” though the exact legal frameworks to address these changes are still under consideration.

Historically, the IP system’s core objectives have been to incentivize innovation and creativity and to establish a sustainable economic foundation for invention and creation. From an economic standpoint, Gurry argued there is no inherent reason to exclude AI-generated inventions or creations from IP protection, provided the system’s other aims—such as moral rights and just reward—are carefully weighed. However, he acknowledged that these questions remain unresolved and require further deliberation.

Beyond authorship and inventorship, AI’s widespread adoption will reshape established IP categories including patents, designs, and literary and artistic works. Gurry pointed out that this evolution is partly driven by the digital economy at large, not AI alone. For example, the life sciences sector produces vast quantities of valuable data that do not fit classical definitions of inventions, raising complex questions about the rights and obligations attached to such data.

Gurry highlighted ongoing societal debates, particularly the “open” movements advocating for unrestricted access to scientific data and publications. Proponents argue that since data underpins AI development, it should remain freely available to foster innovation. Conversely, established property rights for intangible assets exist to incentivize investment in new knowledge creation and to maintain fair competition.

Reconciling these divergent approaches will be critical. Policymakers must delineate when data channels should remain open to promote innovation and when proprietary protections are necessary to sustain incentives for knowledge creation.

The dynamic nature of AI also raises novel IP challenges. For instance, algorithms that continuously evolve may complicate the establishment of stable property rights—how can patent protection apply when an invention changes significantly after filing? Gurry identified this as a pressing issue requiring innovative legal responses.

Despite these challenges, global demand for IP rights continues to outpace economic growth, indicating that the IP system remains robust and increasingly utilized. Rather than supplanting existing frameworks, AI may add new layers to the IP landscape.

Addressing concerns about creators’ ability to capture value in the digital era, Gurry acknowledged that AI could complicate attribution and valuation. Using AI-generated music as an example, he questioned at what point the human origin of data should be recognized and rewarded, a question currently lacking definitive answers.

Policy discussions around data and AI are expanding to cover issues such as data security, market competition, national security, labor impacts, and ownership. While many emerging approaches reflect pre-AI paradigms, Gurry anticipated the development of new legal categories tailored to AI’s unique characteristics.

On the administrative front, three main factors drive AI’s integration into IP systems: the sheer volume of applications, the complexity of examination, and the need for efficiency. In 2016 alone, approximately 3.1 million patent applications, 7 million trademark applications, and nearly one million industrial design applications were filed globally, overwhelming human capacity for thorough examination.

For example, determining the registrability of trademarks and designs requires comparing new applications against millions of existing marks and designs—a task impractical for human examiners alone. To address this, WIPO has developed an AI-powered image search tool embedded in the WIPO Global Brand Database. This pioneering technology delivers rapid, highly accurate results, enhancing trademark examination efficiency worldwide.

Francis Gurry concluded that AI systems will play an increasingly vital role in IP administration, helping offices manage growing workloads and maintain rigorous standards, while the legal and policy frameworks evolve to address AI’s transformative impact on intellectual property.