South Korea sets AI intellectual property guidelines

The National Intellectual Property Commission of South Korea has established new guidelines regarding the use of artificial intelligence in patents, designs, and copyrights. The core principle is that AI is considered a tool, and intellectual property rights can only be granted if there is ‘substantial contribution’ from a human creator.

In the patent sector, AI cannot be recognized as an inventor. To qualify for a patent, a human must design specific technical conditions or select and modify AI-generated results. In the design field, AI cannot be listed as a creator, though designs can be registered if a human conceives the primary aesthetic features and uses AI to realize them.

Regarding copyright, while AI-generated outputs themselves are not eligible for registration, humans may register them as ‘editorial works’ if they contribute creatively through the selection, arrangement, or composition of the output. The guidelines also address copyright infringement, noting that infringement is determined by whether the AI output shows ‘access’ to existing works and possesses ‘substantial similarity’ to them. The commission plans to implement stricter measures against indiscriminate filings and will work toward international standards for AI-related intellectual property.