How should South Africa legislatively provide for Artificial Intelligence: with regards to copyright and patents

Finch, Charlise

How should South Africa legislatively provide for Artificial Intelligence: with regards to copyright and patents

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

The rapid advancement of Artificial Intelligence (AI) in the Fourth Industrial Revolution (4IR) has brought renewed focus to the question of how Intellectual Property Rights (IPRs) apply to AI-generated works. This dissertation examines the regulation of Intellectual Property (IP) in relation to AI, with specific emphasis on patents, copyright, and the legislative considerations necessary to accommodate emerging technologies. The study introduces key AI concepts, including Large Language Models (LLMs), which are increasingly capable of producing inventions and creative works that test the boundaries of IP law. Their involvement raises critical questions regarding ownership, authorship and inventorship. The dissertation evaluates whether South Africa's current IP framework adequately addresses these issues and identifies areas requiring reform. Chapter 2 analyses South Africa's patent regime, using the Companies and Intellectual Property Commission's decision to grant a patent listing an AI system as inventor as a central case study. Through comparative reference to the United States DABUS application, the chapter assesses the formal and substantive requirements of the Patents Act and explores whether the system can accommodate AI inventorship. Chapter 3 shifts focus to copyright, examining whether AI-generated outputs may qualify as computer-generated works under existing legislation. The chapter evaluates competing legal perspectives on authorship, the viability of extending protection to AI-generated works, and the implications of doing so, before providing recommendations for future regulation. Chapter 4 considers broader policy and socio-economic factors relevant to AI governance in South Africa and outlines legislative pathways for a holistic and future-focused approach to reform.