CIOs must rethink intellectual property protection in the age of AI coding

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By Christian Stephan, Sr Director Analyst at Gartner

Organisations are rapidly adopting generative AI and autonomous coding tools to increase developer productivity, accelerate software delivery and improve operational efficiency. As AI assumes a larger role in software development, developers are increasingly shifting from writing code to supervising, orchestrating and reviewing AI-generated outputs. This evolution promises significant productivity gains, but it also introduces a challenge many organisations have yet to fully recognize: the potential weakening of intellectual property (IP) protections for some of their most valuable digital assets.
Current intellectual property frameworks are largely built around the concept of human authorship.

While AI can generate software, designs and other digital assets at unprecedented speed, legal protections do not automatically extend to content produced entirely by machines. As organisations increase their reliance on AI-generated code, questions around ownership, copyright eligibility and long-term protection of proprietary innovations are becoming increasingly important.

The challenge...

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