Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems

Van Kessel, Robin ORCID: 0000-0001-6309-6343, Schmidt, Jelena, van Kolfschooten, Hannah, Feudo, Sam, Young, Katie, Valtere, Laura, Minssen, Timo and Mossialos, Elias ORCID: 0000-0001-8664-9297 (2025) Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems. npj Health Systems. ISSN 3005-1959 (In Press)

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Abstract

Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in healthcare across Europe and examines their intersections and potential conflicts with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in healthcare, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders.

Item Type:	Article
Additional Information:	© 2025 The Author(s)
Divisions:	LSE Health Health Policy
Subjects:	K Law T Technology R Medicine > RA Public aspects of medicine > RA0421 Public health. Hygiene. Preventive Medicine
Date Deposited:	31 Oct 2025 13:18
Last Modified:	31 Oct 2025 15:42
URI:	http://eprints.lse.ac.uk/id/eprint/130022

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