Why AI is forcing IP law to rethink creativity (Massimo Sterpi) | Talk IP to me Ep. 9

Massimo Sterpi is an Italian lawyer specializing in intellectual property, new technologies, and art law. He is a partner and Head of IP in Rome, has litigated over 250 IP cases across borders, and is also a passionate art collector.

In this episode, Massimo joins David Breitenbach, CCO at PatentRenewal.com, to explore how emerging technologies are changing art, copyright, and the wider IP landscape.

They discuss why artists often act as the “R&D department of humanity”, how AI-generated work challenges traditional ideas of creativity, why data may now be one of the most important assets in IP, and why lawyers need to become more flexible, industry-focused advisors in a world where technology moves faster than legislation.

In this episode, you’ll learn:

◼️ Why artists are often the first to experiment with emerging technologies

◼️ Why AI may be “recreative” rather than truly creative

◼️ How copyright, patents, trademarks, and trade secrets are being reshaped by digital technology

◼️ Why data is becoming one of the most valuable assets in the AI economy

◼️ What artists should consider before using AI tools in their work

◼️ Why AI training data raises major copyright and fairness questions

◼️ How the Brussels Effect can turn EU regulation into a global standard

◼️ Why trade secrets are becoming more important for software and algorithm protection

◼️ Why future IP lawyers may need to become industry specialists, not just legal specialists

00:00 Intro

01:08 Why artists are the R&D department of humanity

02:33 Art as a testing ground for new technology

03:10 NFTs, neural networks, and early AI art

04:10 Why AI mimics rather than truly creates

05:39 Why law moves slower than technology

06:42 IP territoriality in a borderless digital world

07:54 Why copyright and trade secrets are gaining importance

08:14 Why data is the new IP

09:22 How IP work is shifting toward technology law

09:48 Neural implants and the rise of neuro rights

11:04 Can artists use AI to support their work?

12:00 AI tools, terms, and copyright risk

13:35 The Church of Prompts and AI-assisted art

14:20 AI agents and humans as physical executors

15:43 AI companies, training data, and artist infringement

16:41 Should creators be paid when their work trains AI?

18:06 Territorial issues in global copyright enforcement

19:31 The Brussels Effect and global AI regulation

21:47 Why algorithms are often protected as trade secrets

22:42 Trade secret disputes and employee movement

23:36 Why lawyers need to become more flexible

24:08 From legal silos to industry expertise

24:37 How to become an expert in a specific field

26:15 Rapid fire IP Confessions

26:22 Patents or copyright?

26:34 A client habit Massimo loves to see

27:10 Advice for software companies protecting trade secrets

28:06 What patent offices could do better

28:39 The artwork Massimo would love to own

29:03 Final thoughts: stay close to the next new thing

Follow Massimo:

https://www.linkedin.com/in/massimo-sterpi/

Join PatentRenewal.com’s circle on LinkedIn:

https://www.linkedin.com/company/patentrenewalcom

Follow David:

https://www.linkedin.com/in/david-breitenbach/

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About us

At PatentRenewal.com, we believe IP renewals should be simple, transparent, and stress-free. We care about innovation and about making IP easier to understand and easier to use.

That’s why we created Talk IP to me, the podcast that brings fresh conversations to the world of intellectual property. In each episode, innovators, IP experts, founders, and legal minds share real stories, hard-won lessons, and practical insights you can actually apply in your work.

Our goal is simple: make IP feel human, practical, and accessible.