Artificial Intelligence and EU Design Law

Abstract

This Chapter inspects the possibilities for AI-driven design to receive protection under EU design law, paying special attention to digital designs. The Chapter notes that the concept of ‘designer’ does not necessarily prevent considering AI-generated designs as protected subject matter. However, it is the act of ‘design development’ that might be the obstacle for protecting AI-generated designs. Although the concept of ‘design development’ seems to be essential in EU design law, the meaning of this concept is unclear and scarcely researched. This Chapter brings clarity to this issue and investigates whether acts committed by or with the help of AI programs can be considered as ‘design development’ that results in protection. This Chapter concludes that the act of ‘design development’ requires human contribution, meaning that designs generated independently by AI may not be protected. However, the required level of human intervention is not very high, meaning that plenty of AI-assisted designs may be protected, if they fulfil the requirements of novelty and individual character.