Intellectual Property in El Salvador’s New Artificial Intelligence Law

By Eproint

Artificial intelligence (AI) has emerged as a transformative technology due to its remarkable ability to learn, adapt, and make key decisions. Recognizing its potential, the members of the Technology, Tourism, and Investment Commission of El Salvador Congress have endorsed the creation of the Ley de Fomento de la Inteligencia Artificial y Tecnologías (Law for the Promotion of Artificial Intelligence and Technologies).

This law aims to propel technological advancement and contribute to the nation’s economic growth by fostering the development, research, and application of AI and similar technologies.

A particularly noteworthy aspect of this law is its focus on intellectual property. According to the proposal, all intellectual property, including patents, copyrights, trademarks, and industrial secrets, resulting from AI research, development, or innovation within El Salvador, will belong exclusively to the entity or individual that develops the technology. This ensures that creators and innovators retain control over their intellectual property, incentivizing further research and development in the field of AI.

The law’s primary focus is to drive progress by integrating AI into various sectors, including education, healthcare, energy, and public services. The hope is to boost private sector investment in AI training programs and also incorporate AI into public services to enhance citizens' quality of life.

The law would apply to all individuals or entities, whether private or public, engaged in AI-related activities. It would grant both national and foreign entities the ability to participate in the development, research, training, and implementation of AI technologies within El Salvador’s borders, provided they adhere to the law’s provisions.

One of the most important aspects of the law is the establishment of the Agencia Nacional de Inteligencia Artificial (National Agency for Artificial Intelligence - ANIA). This agency would be the governing body responsible for overseeing the promotion, research, and development of AI technologies in the country.

ANIA would be responsible for coordinating and supervising compliance with the law, offering technical assistance and training programs to the public, and organizing state-sponsored activities to promote the development and application of AI. Additionally, the agency would oversee a National Registry of AI Development, Innovation, and Application, ensuring that the growing AI industry in the country operates within the established regulatory framework.

ANIA will also collaborate with the Ministry of Education, Science, and Technology to incorporate AI and related technologies into the national educational system at all levels. This will ensure that the country’s workforce is well-equipped to handle the technological advancements of the future.