Artikel geschreven door Daan Breuking, Holla.
The IP protection of AI output
Daan Breuking, 16 januari 2026.
In the summer of 2024, my colleague Kim de Bonth and I wrote an article (in Dutch) discussing the protection of AI-generated output where no human creative input was involved. We concluded that such output would not qualify for copyright protection as it lacks human creativity. This was a hot topic at the time – and remains one today. While we excluded copyright protection, we argued that design law does not require human involvement or creativity to provide protection. This suggests that AI-generated output could still benefit from design protection.
To test this theory in practice, we filed an EU design application for a fully AI-generated plate featuring Lady Justice: