As Artificial Intelligence (AI) becomes increasingly embedded in daily life and economic activity, its strategic importance continues to grow.
Reflecting this trend, the Luxembourg government published in May 2025 its national strategy on data, AI, and quantum technologies. AI tools represent both a substantial opportunity to assist users and a significant legal risk due to current uncertainties, including intellectual property (IP) questions. This article explores some of the IP implications when developing or using AI.
It is essential to emphasize that AI tools are products, like traditional goods and typical software. Therefore, IP rights could protect their individual elements such as: trademark for the name, design for the graphical interface, copyright for the source code, patent for the technical function, and so on. Thus, the issues surrounding the protection of AI tools are the same as those faced for any other product (e.g. establishing an adapted IP strategy, managing licences, etc.).
The use of AI, particularly generative AI, give rise to various legal questions. Indeed, while existing IP laws continue to apply, interpretation is sometimes required to clarify some aspects of the legislation. Competent courts and tribunals play a significant role in the interpretation and application of the legal rules, meaning decisions are taken on a case-by-case basis. It is also important to note that IP rights are territorial rights. In Luxembourg, this implies that the national legislation and the relevant European and international legal framework are applicable.
Generative AI is based on machine learning that is trained with large datasets, often including billions of pages of text, images, audiovisual content, etc. Depending on the approach for the AI tool development, training data sets may consist of freely available information, protected data (such as copyright protected works) or a mixture of both. That is why defining suitable internal policies and following training when it comes to AI technology’s opportunities and limitations can greatly help navigating the challenges associated with AI. In this context, institutions such as the World Intellectual Property Organization (WIPO) and the European Union Intellectual Property Office (EUIPO) have published guidance documents to support stakeholders: “Generative AI: Navigating Intellectual Property” (WIPO), including a two-page checklist, and “Development of Generative Artificial Intelligence from a Copyright Perspective” (EUIPO).
The link between IP and AI remains a complex area, with many questions arising. As frameworks are gradually adapting to technological advances, staying informed is essential. Given the uncertainties, seeking guidance from IP experts is recommended.
To help companies protect their IP, the European Union and the European Union IP Office (EUIPO) have developed the SME Fund, a scheme that allows businesses to be reimbursed up to 75% of the fees for filing and registering IP rights. Give it a try!
In Luxembourg, the initiative is supported by the Intellectual Property Office of the Ministry of the Economy, the Institut de la Propriété Intellectuelle Luxembourg and the Benelux Office for Intellectual Property. For more information on IP, including the SME Fund, you can contact either [email protected] or [email protected].
