Technology and Intellectual Property Law

Wilftek's Tom Kelly joined Josh Waterston to discuss the importance of trademarks in the branding process, and explained how trademark searches work, the application process, and why AI, third-party tools, and do-it-yourself approaches can be dangerous for your branding goals.

Josh Waterston joined host Robin Bond, Esq. to explain the real legal risks businesses face as AI adoption accelerates. The segment covers privacy obligations, contract pitfalls, and the growing problem of AI hallucinations. A practical overview for individuals and companies looking to use AI safely and responsibly.

In this presentation for Justia, Josh Waterston examined how artificial intelligence is reshaping the creation, protection, and valuation of intellectual property. He explained the mechanics of generative AI, why they matter to IP practitioners, and highlighted key ethical considerations, cautionary examples, and emerging court responses. The program also covered AI’s impact on copyrights, patents, and trade secrets, with a focus on ownership, authorship, and asset value. Mr. Waterston provided practical guidance for drafting and negotiating agreements that address AI inputs, outputs, confidentiality, and ownership so attorneys can anticipate and manage AI-driven issues for their clients.

Developing and using AI technologies can cause all sorts of legal problems. If you use AI to generate computer programs or other code, why are the outputs considered public domain by the Copyright Office and the Patent and Trademark Office? And if those assets are public domain, how do you protect what should be yours? How do investors protect their investments in AI technology and its outputs? How do AI developers reduce the risk of lawsuits from large media companies? How do companies responsibly use AI, and do they need yet another policy document?