The law firm Debouzy organised a series of conferences on the challenges of generative AI, aimed at corporate lawyers and managers. On 18 November 2025, the Turgot club was invited to the conference led by lawyers Desrousseaux and Pérot, specialists in patent and copyright law.
The two lawyers argue that the legal problems differ according to the phases of the process of value creation by AI: the collection of data by AI agents, the learning by software (in the form of texts, images, voices or sounds, videos, codes) and the exploitation of applications thanks to user questions (prompts).
The EU General Data Protection Regulation (GDPR), enacted in 2016, governs how the personal data of natural persons can be processed and transferred in Europe. It was reinforced in 2024 by certain provisions of the European AI Act. In the United States, data is protected in particular by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act). In principle, the data is under opt-out and is not subject to opt-in (protected data that cannot be used). They can then in principle be used in the learning phase of the application, but in the operating phase, they cannot be reproduced in full in response to user prompts. They can only be partially transformed or reproduced. Digital markings of creations or inventions make it possible to better identify the data processed.
At the stage of exploitation of the results of the application, it is difficult to measure their degree of creation or invention. The two lawyers note an increase in litigation for infringement as well as negotiations or transactions for the sharing of the value created by AI from patented inventions or protected intellectual creations. The trend would be towards negotiation rather than litigation because infringement is difficult to prove. Overall, lawyers believe that current patent, copyright and professional secrecy regulations are sufficient to protect inventors and creators. The increase in the number of cases decided and cases of use should be sufficient to establish jurisprudence and stabilise practices.
Jean-Jacques Pluchart