The Trade Marks Registry’s draft AI guidelines address fabricated citations and AI-generated evidence but omit clarity on verification duties, legitimate AI use, and proportionality of sanctions. Legal experts call for a more robust and balanced framework.
Draft AI Guidelines at Trade Marks Registry: Critical Gaps
The Trade Marks Registry (TMR) has released draft Guidelines on the Use of Artificial Intelligence in Proceedings, aiming to counter misuse such as fabricated judgments, AI-generated marks, and misleading submissions. While timely, the framework lacks operational precision on verification duties, legitimate AI-assisted translation, and the proportionality of consequences for non-compliance.
The draft mandates disclosure of AI use in filings but does not define thresholds for verification by examiners or establish tools for detecting synthetic evidence. It also fails to distinguish between bona fide AI assistance—such as drafting affidavits or translating documents—and deceptive practices. This ambiguity may deter beneficial AI adoption and risk arbitrary enforcement.
Experts recommend incorporating verification protocols, safe harbours for transparent AI use, and graduated sanctions. A balanced approach is essential to maintain procedural integrity without chilling innovation or overburdening applicants.
