IP Rights and AI Regulation: Finding the Right Balance

The article by Dennis Crouch examines the relationship between intellectual property (IP) rights and artificial intelligence (AI) regulation.

It argues that while IP rights can guide innovative behaviors in AI development, they are not well-suited as direct regulatory mechanisms for issues like algorithmic bias, privacy violations, or the concentration of power in the tech industry.

The article highlights the tension between trade secrecy and transparency, where excessive trade secret claims can prevent meaningful oversight of AI systems.

It also discusses recent regulatory developments, including the EU’s AI Act and various U.S. proposals, and how they interact with existing IP regimes.

The article is part of a symposium issue of the Missouri Law Review that also includes articles by other scholars on topics such as corporate governance, data protection, and AI regulation.