Many jurisdictions around the world have been scrambling to address complex questions about generative artificial intelligence (AI) and intellectual property law. Authorship has been at the centre of the generative AI copyright debate, as some generated outputs are becoming almost indistinguishable from human-authored works. This debate will soon expand to include additional subsets of frontier technologies, such as brain-computer interfaces, and different sets of regulatory frameworks.
Anticipatory governance, using strategic intelligence, can assist policy makers develop a forward-looking proactive governance structure and process. This strategy does not mean rapid or over-regulation but instead calls for a systems-level evolution in the way jurisdictions approach governance for frontier technologies as they emerge and converge.