Generative AI and South Africa's intellectual property law: Exploring a balance between protectionism and innovation

The development and increased use of artificial intelligence (AI), particularly generative AI, raises pressing legal issues. AI impacts every aspect of the law, including intellectual property law. Human beings are no longer the masters of innovation: the question that arises, then, is whether AI-generated inventions should be legally recognised and protected. This article aims to contribute to the debate surrounding the complexities of protecting and regulating AI-generated inventions and the possible departure from human inventorship in the light of current technological advancement. It is argued that a rethinking and modification of some of the intellectual property rules, particularly in the context of patents, is required in order to ensure a balance of protectionism and innovation. The article stresses the need for a proactive approach and inclusive legal framework that accommodates the rise of generative AI while ensuring fair and appropriate protection for human inventions.