Artificial intelligence (AI) has gained widespread recognition in recent years, becoming a household name. Its broad influence has reached across industries worldwide, extending to various legal fields including trade mark law.
Today, brand owners and IP service providers rely on AI technologies to simplify trade mark processes, employing AI for multiple tasks. From conducting comparative similarity assessments for trade mark clearance to crafting marketing materials like slogans and product names, and even designing logos and visual branding elements, AI plays a pivotal role in enhancing efficiency and effectiveness.
However, amongst these advancements, it is crucial for businesses to stay vigilant, ensuring they comply with trade mark laws to avoid any legal implications. This article aims to guide through the complexities of AI and trade mark issues, particularly in jurisdictions like Thailand and Indonesia, where unique challenges may arise.
Thailand
- Ownership of trade marks produced by AI presents a complex legal landscape in Thailand, as traditional trade mark laws may not address the unique circumstances of AI-generated marks. Clarity is needed on whether AI or its creators hold the rights to these trade marks. Additionally, registrability in Thailand is complicated by stringent standards, with Thai examiners known for their strict approach to assess trade mark distinctiveness. Consequently, AI-generated trade marks will face delicate scrutiny and may not be considered registrable, posing substantial hurdles for innovators seeking legal protection.
- Utilizing AI for trademark searches in Thailand presents several challenges due to the complexity of the database, which contains different types of trademarks, including word marks in various languages and formative marks with devices and images. For instance, the AI must be capable of reading and understanding various languages to provide accurate search results, which is highly challenging. Additionally, trademark search work requires consideration of cultural nuances and local consumer perceptions. It is essential to account for the diverse linguistic and cultural landscape to ensure accurate and effective trademark searches.
- Deploying AI for monitoring online trade mark counterfeiting offers promising solutions for identifying and combating infringement. However, navigating the legal landscape involves considerations such as data privacy and liability issues. Thailand's regulatory framework requires careful examination to ensure compliance and mitigate potential legal risks associated with AI-powered trade mark monitoring initiatives.
Indonesia
- Firstly, similar to Thailand and likely elsewhere, there is the issue of ownership concerning AI-generated trade marks, which can be complex. Certain AI platforms, such as MidJourney, requires users to grant various rights, including to the ability to display, reproduce and create derivative works of assets generated through their service. This raises questions regarding the ownership of AI-generated logos granted by Trademark Office for registration.
- Secondly, concerning the risk of infringement, when an AI-generated trade mark incorporates third party’s rights or resembles existing third party’s rights, and is subsequently used in commerce, questions arise regarding responsibilities for potential infringement. Will the platform or the user be held accountable? The resolution of these two points largely depends on the terms and conditions agreed upon by the AI service provider and the user.
- Thirdly, it is now common for e-commerce platforms to utilize AI technology to assess consumer buying pattern and subsequently suggest ads that the AI deems relevant to consumer preferences. Problems may arise when these suggested ads contain counterfeit goods. Such occurrences can confuse consumers and pose the risk of consumers mistakenly purchasing counterfeit products.
AI's role in trade mark law, specifically in Thailand and Indonesia introduces complex challenges. Ownership of AI-generated trade marks, stringent registrability standards, and reliable trade mark searches are critical issues. Businesses must establish clear agreements with AI providers and stay compliant to navigate these complexities. Effective adaptation to local regulations and proactive measures are essential to leverage AI while safeguarding intellectual property rights in these evolving legal landscapes.
