From Code to Creation: AI’s Growing Influence on Law and Intellectual Property in the Caribbean by Mrinali Menon

From Code to Creation: AI’s Growing Influence on Law and Intellectual Property in the Caribbean by Mrinali Menon

In The Caribbean IP Annual 2025, Mrinali Menon, Senior Intellectual Property Manager at HSM IP Ltd in the Cayman Islands, offers a deep dive into how Artificial Intelligence (AI) is influencing the intellectual property (IP) landscape across the Caribbean. As AI reshapes innovation, legal workflows, and regulatory challenges, Mrinali explores how Caribbean jurisdictions are responding—with progress, caution, and potential.

AI and IP: Ownership and Legal Complexity

AI platforms like ChatGPT®, DALL-E®, and others now generate works ranging from code to music and images. But with this comes a fundamental legal question: who owns AI-generated content? Most IP laws still define an “author” as a human or corporate entity, not a machine. This gap creates grey areas around authorship, originality, and ownership, especially in Caribbean jurisdictions that have not yet updated their laws to reflect this reality.

Current Developments in the Region

AI is no longer theoretical; it’s being actively explored across Caribbean governments. The UNESCO Caribbean AI Policy Roadmap and the 2023 Government AI Readiness Index show clear strides made by countries like Jamaica, the Dominican Republic, Trinidad & Tobago, and Barbados. Jamaica, for example, has already released its National AI Task Force Report, recommending the establishment of an AI regulatory authority.

Despite momentum, no Caribbean jurisdiction has formally updated its IP laws to recognise AI-generated works. There is growing pressure to do so, as global counterparts like the U.S. and EU have already faced copyright lawsuits against AI companies and made legal accommodations for AI-assisted creations. Judiciary Responds: AI in Caribbean Courts

AI is not just impacting IP—it’s transforming how courts operate. The Caribbean Court of Justice (CCJ) has introduced tools like Aida and Judi to automate legal research and document preparation. It has also issued Practice Directions No. 1 of 2025 to regulate AI usage in court proceedings, even warning of sanctions for improper reliance on AI-generated content.

The Grand Court of the Cayman Islands, in a 2025 judgment, similarly cautioned legal practitioners against AI “hallucinations” and stressed the importance of human oversight. These precedents indicate that courts are embracing AI, but with firm ethical expectations.

Challenges and Opportunities for the Caribbean

Caribbean governments are grappling with how to define, regulate, and embrace AI in law and innovation. Challenges identified by ECLAC include capacity gaps, lack of digital infrastructure, and cultural hesitancy. However, jurisdictions like Guyana and Puerto Rico are already drafting AI-specific laws, while Antigua and Barbuda are eyeing EU-style AI frameworks.

Ultimately, success lies in training, policy-building, regional collaboration, and adopting robust AI legislation that aligns with innovation and ethical standards.

Conclusion AI is no longer emerging it’s embedded in how we live, create, and litigate. As Mrinali Menon outlines, the Caribbean is approaching a turning point. Whether adapting court systems, updating IP laws, or defining new standards of authorship, the region must act now to remain globally competitive and locally relevant.

Read the full article in The Caribbean IP Annual 2025 to understand how AI is transforming IP and legal frameworks across the Caribbean and what steps are next.

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