Vasco Stilwell de Andrade in an interview on the future of intellectual property in the age of artificial intelligence

Vasco Stilwell de Andrade, partner at Morais Leitão and coordinator of the firm's Intellectual Property, Technology and Personal Data Department, believes that artificial intelligence (AI) will have a profound and transversal impact on the global economy, forcing a review of the legal regimes applicable to innovation.

In an interview with Advocatus, the lawyer analysed the main challenges that new technologies pose to the current intellectual property (IP) system and stressed the need for a clear and effective legislative response.

AI-generated creations and inventions raise complex issues, particularly with regard to authorship and ownership of rights. According to Vasco Stilwell de Andrade, the dominant trend has been to exclude legal protection where there is no human creative intervention, but some legal systems already recognise the rights of the person who directs the creation, for example through instructions to the AI.

The interview also discusses the limits of patenting algorithms, the legal criteria applicable to AI-based inventions, and the challenges of reconciling patent protection with the demand for transparency and open access. The lawyer stresses the importance of balancing the public interest with exclusive rights through mechanisms such as standard essential patents (SEPs) and FRAND principles.

Vasco Stilwell de Andrade also warns of the risk of inequalities in access to legal protection, especially for start-ups and SMEs with fewer resources. In this context, he advocates a selective strategy aimed at creating real value, rather than indiscriminate patenting.

Civil liability for damage caused by automated decisions, IP conflicts on digital platforms, and the risks of scraping proprietary content to train AI models are also discussed.

Read the full interview on the Advocatus website.