Research on the Intellectual Property Dispute Resolution Mechanism in AI Commercial Applications under the TRIPS Agreement Framework

Abstract

As artificial intelligence (AI) grows more sophisticated in the modern era, transnational commercial trade involving AI-generated content has become increasingly frequent, giving rise to complex intellectual property frictions among multinational enterprises. This essay focuses on the intellectual property dispute resolution mechanism under the framework of the "Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS), and its applicability in the commercial application of AI. An extraterritorial study is conducted by taking the United States and the European Union as examples. Through case analysis, comparative research, and literature analysis, this study explores the current status and limitations of the dispute resolution mechanism among countries under the TRIPS framework, as well as the practical situation of international commercial arbitration in transnational technical disputes. The research finds that although the TRIPS agreement provides a fundamental multilateral legal framework, in resolving issues which are connected with works generated by artificial intelligence, the existing mechanism faces many challenges, including procedural lag, lack of relief measures at the enterprise level, and substantive uncertainty regarding the copyrightability of the output of artificial intelligence. It is necessary to enhance the flexibility of international commercial arbitration at the enterprise level and promote the modernization of TRIPS provisions to adapt to the technological reality of artificial intelligence.