TY - JOUR
T1 - Artificial intelligence, intellectual property, and human rights
T2 - mapping the legal landscape in European health systems
AU - van Kessel, Robin
AU - Schmidt, Jelena
AU - van Kolfschooten, Hannah
AU - Feudo, Sam
AU - Young, Katie
AU - Valtere, Laura
AU - Minssen, Timo
AU - Mossialos, Elias
N1 - Funding Information:
We thank Dr. Carolina Banda (Max Planck Institute for Innovation and Competition, M\u00FCnich, Germany) for their efforts in reviewing and assessing the results of this study. We also thank Prof. Barbara Prainsack (University of Vienna, Vienna, Austria), Dr. Andres Roman-Urrestarazu (University of Cambridge, Cambridge, United Kingdom), Prof. Nick Guldemond (Leiden University Medical Center), and Johan Ordish (Roche Diagnostics, Cambridge, United Kingdom) for providing useful comments on an earlier version of this article. RVK was supported by the Hoffmann Fellowship Programme of the World Economic Forum and the London School of Economics and Political Science. TM\u2019s contribution to this study was supported by a Novo Nordisk Foundation grant for a scientifically independent International Collaborative Bioscience Innovation & Law Programme (Inter-CeBIL Programme, Grant No. NNF23SA0087056\u201D.
Publisher Copyright:
© The Author(s) 2025.
PY - 2025/12/1
Y1 - 2025/12/1
N2 - Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP and IP-related rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in health systems, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders.
AB - Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP and IP-related rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in health systems, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders.
U2 - 10.1038/s44401-025-00050-3
DO - 10.1038/s44401-025-00050-3
M3 - Article
VL - 2
JO - npj Health Systems
JF - npj Health Systems
IS - 1
M1 - 43
ER -