Chile – New Policies to Regulate Artificial Intelligence and Intellectual Property Challenges by Agustina Davis Komlos and Javiera Badilla
Agustina Davis Komlos and Javiera Badilla, Partners at Badilla Davis Ltda, Chile, provide insights into Chile's groundbreaking efforts to regulate artificial intelligence (AI). In their article, they examine the challenges AI presents to intellectual property (IP) rights and human rights and explore how Chile’s proposed AI bill aims to address these issues.
Global AI Disruption
Generative AI technologies like ChatGPT, MidJourney, and Amper Music are revolutionising industries by creating text, images, and music. While these innovations promise unprecedented productivity, they also raise concerns about the replacement of human creators, such as artists, actors, and writers, threatening livelihoods and challenging existing IP frameworks.
Intellectual Property at Risk
Without specific regulations, generative AI tools operate in a “Far West” of innovation. This unregulated environment risks violating intellectual property rights, eroding human creativity, and creating ethical dilemmas. The role of IP laws is critical to balance innovation and governance, ensuring human rights and creative expressions are protected.
Learning from Global Leaders
Inspired by advancements in the European Union, Chile began developing its AI policy in 2021. A bill introduced in May 2024 seeks to regulate AI’s ethical development while promoting innovation and safeguarding fundamental rights.
Regulation of Liability and IP Rights: Establishing guidelines for AI-related IP disputes and civil liabilities.
AI in Education and Culture: Protecting intellectual property in educational, cultural, and audiovisual contexts.
Transparency Requirements: Mandating AI systems to disclose their artificial nature when interacting with humans or generating content resembling real-world entities.
Risk Catalogues: Identifying harmful AI uses and ensuring developers adhere to ethical practices.
Chile’s proactive approach demonstrates the importance of aligning technological advancements with ethical frameworks. By addressing the challenges of generative AI through legislation, Chile aims to balance innovation with the protection of human and IP rights.
Conclusion
As Chile works to pass its landmark AI legislation, it sets an example for other nations grappling with the challenges of generative AI. Strong governance frameworks will be vital to ensuring technology serves humanity responsibly.
Please read the full article by Agustina Davis Komlos and Javiera Badilla, Our Latest Edition of The Global IP Matrix Magazine
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