Intellectual Property · Service

AI and Digital Assets

We advise on the intellectual property implications of artificial intelligence, blockchain-based digital assets and related emerging categories. This is the area of our practice where European regulatory developments — particularly the EU AI Act — intersect most directly with traditional intellectual property doctrine.

EU AI Act
Regulatory intersection
Directive 2019/790
Training data & TDM
Tokenised assets
NFTs & smart contracts
MiCA · GDPR · DORA
Coordinated with the group
What we handle

Scope of work

Rights over AI output

Contractual allocation of rights, authorship risk, chain of title and exploitation rights for AI-assisted outputs, between developers, users and commissioning parties.

Training data rights

Legal review of datasets used to train AI models, with particular attention to copyright, database rights and the text and data mining provisions of the Directive on Copyright in the Digital Single Market (Directive 2019/790).

AI use policies

Compliance review of internal AI use policies for corporate clients: who holds rights over generated output, what can be disclosed, what must be flagged.

NFTs & tokenised assets

Intellectual property structuring for non-fungible tokens (NFTs) and tokenised assets: licensing terms, smart contract drafting from an intellectual property standpoint, and enforcement mechanisms.

Group coordination

Coordination with the wider META Channel Corporation practice on overlapping AI Act, MiCA, GDPR and DORA matters.

This is the area of intellectual property where the law is moving fastest. We move with it.

Typical situations

When to engage us

Integrating generative AI

A company integrating generative AI into its products or operations and needing to allocate rights over generated output by contract.

Issuing tokenised assets

A digital business issuing tokenised assets and requiring intellectual property structuring.

Works in training data

A rights holder concerned about the use of its works in AI training datasets.

Internal AI policy

A corporate client requiring an internal policy on AI use that allocates intellectual property risk correctly.

Where we act

Jurisdictions

European Union (AI Act, Directive 2019/790, GDPR), Spanish national law, and coordinated work in Latin American and African jurisdictions where digital asset regulation is emerging.

European Union
AI Act, Directive 2019/790 and the GDPR, at the intersection of regulation and intellectual property.
Spain
Spanish national law applied to AI-assisted output and digital assets.
Latin America & Africa
Coordinated work in jurisdictions where digital asset regulation is emerging.
FAQ

Frequently asked questions

Who owns content created with generative AI?
There is no automatic answer, which is precisely the risk. Rights over AI-assisted output are not settled by the tool: they have to be allocated by contract between the developer, the user and any commissioning party, and the position interacts with how much human input shaped the result. We address this through clear contractual allocation, chain-of-title and exploitation-rights clauses, rather than assuming ownership exists by default.
Can AI-generated content be protected by copyright?
In the EU, copyright protects creations that reflect a human author’s own intellectual choices, so output produced with little or no human creative input carries a real authorship risk and may not be protectable as such. The practical answer is to document the human contribution and to secure the value contractually, so that what you rely on does not depend solely on whether the raw output qualifies for copyright.
What is the EU AI Act and does it affect my intellectual property?
The EU AI Act is the Union’s regulation of artificial intelligence, applying on a phased timeline. It is primarily a product-safety and governance framework rather than an IP statute, but it intersects with intellectual property in areas such as transparency about AI-generated content and the data used to train models. We advise where those obligations meet your IP position, coordinating with the wider META Channel Corporation regulatory practice.
Can I use copyrighted data to train an AI model?
In the EU, the text and data mining provisions of Directive 2019/790 allow mining in defined circumstances, but rightholders can reserve their works from commercial mining through an opt-out, and database rights may also apply. Whether a given dataset is safe to use depends on its sources and on any reservations attached to them. We review training datasets and the rights position before the model is built.
If I buy an NFT, do I own the copyright in the underlying work?
Generally not. Buying an NFT transfers the token, not the copyright in the work it points to; copyright passes only if it is expressly licensed or assigned in writing. The rights a buyer actually receives depend entirely on the terms attached to the token. We structure tokenised assets so the intellectual property terms, the smart contract and the enforcement mechanisms are aligned and say what the parties intend.
How should I allocate rights over AI output in my contracts?
By addressing it expressly, rather than leaving it to a default that may not exist. The contract should allocate rights and risk between developer, user and commissioning party, establish the chain of title, and define exploitation rights, warranties and indemnities around the output. We draft these clauses for AI-assisted work so each party knows what it can use, license and defend.
Does my business need an internal AI use policy?
For most organisations using AI tools, yes. A policy sets out who holds rights over generated output, what may be disclosed to a model, and what must be flagged or reviewed before use — which both protects confidential information and reduces intellectual property risk. We review and draft internal AI use policies and align them with your contracts and regulatory obligations.
How does this connect with MiCA, GDPR and DORA?
AI and digital-asset matters rarely sit within intellectual property alone: tokenised assets touch MiCA, training data and AI systems touch the GDPR, and operational resilience touches DORA. Because IP Global Guard is part of META Channel Corporation, we coordinate these overlapping questions within one group, so the IP position and the wider regulatory position stay consistent.