The rapid advancement of artificial intelligence technologies has fundamentally transformed the landscape of intellectual property law, creating unprecedented challenges for global regulatory frameworks and raising critical questions about innovation equity between developed and developing nations. This study examines the complex intersection of artificial intelligence and international intellectual property law, with particular focus on the disparities between the United States and Global South countries in accessing and benefiting from AI-driven innovations. The research reveals significant tensions between protecting intellectual property rights to incentivize innovation and ensuring equitable access to AI technologies that can drive economic development and social progress in developing nations. The analysis demonstrates that current international intellectual property frameworks, primarily designed for traditional innovations, are inadequately equipped to address the unique characteristics of AI technologies, including their reliance on massive datasets, algorithmic transparency concerns, and the potential for widespread societal impact. The United States, with its robust intellectual property enforcement mechanisms and advanced technological infrastructure, maintains significant advantages in AI innovation and commercialization, while Global South countries face substantial barriers to accessing, adapting, and benefiting from these technologies. These disparities are exacerbated by restrictive licensing practices, patent thickets, and the concentration of AI development within a small number of multinational corporations based in developed countries. The research identifies several critical areas where international intellectual property law must evolve to better balance innovation incentives with equitable access. These include the development of differential patent terms for AI technologies based on their potential social impact, the creation of compulsory licensing mechanisms for essential AI innovations, and the establishment of technology transfer frameworks that facilitate knowledge sharing between developed and developing nations. The study also examines the role of open-source AI initiatives and collaborative innovation models in promoting more equitable access to artificial intelligence technologies while maintaining incentives for continued research and development. Furthermore, the analysis reveals that effective reconciliation of innovation protection with equitable access requires comprehensive reforms to international intellectual property treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Intellectual Property Organization frameworks. The research proposes a multi-stakeholder approach involving governments, international organizations, private sector entities, and civil society organizations to develop more inclusive intellectual property policies that recognize the unique characteristics of AI technologies and their potential to address global development challenges. Keywords: Artificial Intelligence, Intellectual Property Law, Global South, Innovation Equity, Technology Transfer, Patent Reform, TRIPS Agreement, AI Governance, Digital Divide, International Trade Law.
Ajakaye et al. (Sat,) studied this question.