Pérez-Llorca and IE University Analyze Generative AI Impact on Tech Assets

The Pérez-Llorca/IE Chair held a session in Madrid titled "Decapitalization of tech companies due to the use of generative AI" to address the legal and economic challenges this technology poses for the protection and valuation of technological assets. 

The meeting analyzed how generative AI, while optimizing business efficiency, introduces risks such as the loss of value of intangible assets and uncertainty regarding intellectual property protection when human intervention is not sufficiently relevant. Moderated by Andy Ramos Gil de la Haza, Partner at Pérez-Llorca, the session featured Alejandro Puerto, Intellectual Property Registrar of the Community of Madrid, and David Aliaga, Senior Managing Director at FTI Consulting. 

Legal and Economic Challenges
Experts highlighted that the potential depreciation of innovative assets and the complexity of protecting AI-generated works without significant human intervention pose strategic risks.
Key takeaways included: 

• Human-in-the-Loop: Andy Ramos emphasized the need for methodologies that maintain a "human reserve" to ensure intangible assets remain protectable. 
• Intellectual Property Criteria: Alejandro Puerto discussed the difficulty of delimiting human intervention in AI-generated software and texts, questioning the application of traditional originality and authorship criteria. 
• Asset Valuation: David Aliaga warned that the massive use of AI without rigorous legal control can affect market valuation if tech assets cease to be exclusive or defensible.  The session concluded that companies must adopt preventive approaches to manage intangible assets, ensuring they remain monetizable and capable of sustaining market value amidst the decreasing cost of content generation.

The session concluded that companies must adopt preventive approaches to manage intangible assets, ensuring they remain monetizable and capable of sustaining market value amidst the decreasing cost of content generation.

perezllorca.com