Morningstar Law Group – Raleigh Law Firm – Durham NC Attorneys



For World IP Day, Partner Richard Caira Shares Thoughts on IP Challenges & Developments

April 26, 2023

Richard Caira - Information Technology Attorney - Lawyer Raleigh NC
Insight by Partner Richard Caira

What are the main challenges in the field of intellectual property law in the current global landscape?

As the metaverse expands and becomes more prevalent in our society, it is important to approach the concept of it as being “real” from a legal standpoint. While the metaverse may exist in the virtual world and whether you use it or not, the legal implications of its existence are very real. This makes for inevitable changes in IP and other related laws. Consequently, we will see that legal issues related to intellectual property, privacy, and virtual assets will continue to emerge.

What are your thoughts on artificial intelligence as it relates to intellectual property law? What, if anything, should people be aware of?

With the prevalence and expansion of artificial intelligence (AI) in our world today, users and attorneys ought to take into consideration the protection of intellectual property as it relates to AI. Take, for example, Boris Eldagsen, the photographer who submitted an AI-generated image (titled “Pseudomnesia: The Electrician”) to the recent Sony World Photography Awards and proceeded to win in the creative open category (which he then rejected). This begs the broader question of who owns the copyright in AI-generated work, particularly given Eldagsen’s claim of “co-creation” by him and AI of his award-winning image. Are the individual creator’s rights adequately protected? Protectability of IP created using AI raises complex legal issues that we should be thinking about, both as AI users as well as IP attorneys.

How do you stay up to date with changes in intellectual property law and regulations? Staying up to date with changes in laws and regulations is essential to effectively navigate the legal landscape, not only in the IP world (for example, in the privacy and data security space, as well).  I suggest subscribing to reputable newsletters and e-mail lists and keeping up with applicable caselaw. Joining associations such as the American Intellectual Property Law Association (AIPLA), the World Intellectual Property Organization (WIPO), the International Trademark Association (INTA), and the International Association of Privacy Professionals (IAPP) are also great ways to stay in the loop on all things Intellectual Property- and Privacy-related, respectively.