AI, Originality, and IP Reform in Central and South America by Zafira Hudani

AI, Originality, and IP Reform in Central and South America by Zafira Hudani, Reporter for Northon’s Media PR & Marketing, United Kingdom.

In The Global IP Magazine Issue 25, Zafira Hudani, Reporter for Northon’s Media PR & Marketing, United Kingdom, examines how jurisdictions across Central and South America are modernising their intellectual property frameworks in response to technological innovation, digital commerce, and the rise of artificial intelligence. As governments seek to align with international standards, the region is witnessing significant legal and institutional reforms that are reshaping the future of IP protection.

Modernising IP Frameworks Across the Region

Countries throughout Central and South America are actively updating their intellectual property systems to meet the demands of an increasingly digital economy. These reforms are not only designed to strengthen protection for creators and innovators but also to improve efficiency and accessibility for rights holders operating across borders.

Recent developments demonstrate a clear commitment to international harmonisation. From trade mark classification reforms to patent validation systems and strengthened enforcement mechanisms, governments are introducing measures that support innovation while creating greater certainty for businesses seeking regional protection.

Institutional Reforms Driving Change

Several jurisdictions have introduced significant institutional reforms aimed at enhancing the administration and enforcement of IP rights. Guatemala's establishment of a mediation centre within its Intellectual Property Registry provides creators with alternative dispute resolution mechanisms, reducing reliance on court proceedings.

Similarly, El Salvador has consolidated its IP legislation under the newly established Salvadoran Institute of Intellectual Property, creating a unified framework covering patents, trade marks, geographical indications, trade secrets, industrial designs, and digital environment disputes. Costa Rica and Chile have also introduced reforms that strengthen alignment with international IP standards and streamline protection processes for rights holders.

The AI Challenge: Defining Originality in Copyright Law

The rapid growth of generative artificial intelligence has intensified discussions around authorship and originality. Across the region, authorities have largely adopted a consistent position: copyright protection remains fundamentally linked to human creativity.

Peru, Colombia, and Brazil have each reaffirmed that authorship must originate from a natural person. While AI-assisted works may qualify for protection where meaningful human contribution exists, purely AI-generated works generally fall outside traditional copyright frameworks. These developments reflect a broader international trend that continues to place human intellectual creation at the centre of copyright law.

Enforcement Challenges in Digital Markets

Despite ongoing legislative reforms, enforcing IP rights in digital environments remains a significant challenge. Online marketplaces, social media platforms, and domain name registrations have created new opportunities for infringement, requiring authorities and rights holders to adapt enforcement strategies.

Common concerns include counterfeit sales, cybersquatting, domain disputes, and trade mark misuse in digital advertising. The article highlights a notable Brazilian case involving the trade mark VERISURE, illustrating how online advertising practices can create consumer confusion and raise complex questions regarding platform liability and brand protection.

A Region in Transition

The developments taking place across Central and South America demonstrate a growing recognition that intellectual property systems must evolve alongside technology. Governments, courts, and administrative bodies are increasingly focused on balancing innovation, enforcement, and international alignment while addressing emerging issues such as AI-generated content and online infringement.

As digital transformation continues to accelerate, the region's ability to maintain flexible and responsive IP frameworks will play a crucial role in supporting innovation, investment, and commercial growth in the years ahead.

Conclusion

As Hudani highlights, Central and South America are actively reshaping their intellectual property frameworks to address the realities of digital commerce, artificial intelligence, and cross-border enforcement. Continued legislative reform, institutional innovation, and effective enforcement will be essential to ensuring that IP protection remains relevant in an increasingly technology-driven world.

Read the full article in The Global IP Magazine Issue 25, for an in-depth look at how Central and South American jurisdictions are adapting their IP frameworks to address AI, digital enforcement, and international harmonisation.

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