AI in the EU: Three Questions with Catherine Rifai

Catherine Rifai (Munck Wilson Mandala LLP, USA)

Last year, the European Parliament adopted the AI Act—one of the world’s first pieces of legislation to regulate AI from its development to its implementation. As AI continues to transform industries and new regulatory efforts are implemented, the European Union is experiencing rapid changes in intellectual property (IP) rights.

Catherine Rifai (Munck Wilson Mandala LLP, USA) will moderate a session titled AI in the EU—Navigating IP Opportunities and Challenges at the upcoming 2025 Trademark Administrators and Practitioners (TMAP) Meeting in Berlin, Germany. This session will take an in-depth look at key legislation, including the EU AI Act and the Digital Services Act, and discuss how these laws and regulations shape the landscape for AI innovation and IP protection. In addition, the session will delve into current AI-related IP policies, enforcement challenges, and anticipated future regulatory shifts impacting businesses and rights holders.

Here, Ms. Rifai previews some of the topics that will be discussed during the session—including the impact of the EU AI Act and emerging trends in AI regulation—and shares her view on how attending TMAP can benefit trademark administrators (TMAs) and practitioners just starting out on their IP journeys.

It’s been almost a full year since the EU AI Act—the first comprehensive legal framework for AI—came into effect. What role has this legislation played in the evolution of IP protection in Europe and beyond?
While the EU AI Act doesn’t directly address IP, it has significantly influenced how IP is managed in the context of AI. The Act has catalyzed efforts to develop clearer attribution mechanisms, watermarking tools, and licensing frameworks for copyrighted and trademarked works used in training datasets.

The Act’s emphasis on high-risk AI systems and transparency obligations (such as labeling requirements for AI-generated output) is pushing creators, platforms, and rights holders to reexamine how they protect works that are either created by or used to train AI. It has also encouraged global conversations—particularly in Asia, the United Kingdom, and the United States—about harmonizing standards for how AI intersects with IP law, especially in areas like deepfakes, generative design, and brand impersonation.

Further, its implementation has created pressure for IP offices and rights holders to adapt faster and more globally.

What is one emerging trend in AI regulation that TMAs and attorneys who oversee global trademark portfolios should be aware of today?
One critical emerging trend is the growing regulatory focus on AI-driven brand impersonation and deceptive commercial use of trademarks, particularly in the context of deepfakes and synthetic media.

As generative AI tools become more accessible, the ability to create realistic but unauthorized representations of brands—whether logos, voice, packaging, or spokesperson likenesses—is rising sharply. This has led regulators in several jurisdictions to consider enhanced disclosure requirements and civil penalties for unauthorized AI-generated commercial content that misleads consumers.

For TMAs and global portfolio managers, this means preparing for a future in which enforcement strategies will need to include AI surveillance tools, proactive takedown mechanisms, and updated internal guidelines on brand use in digital environments.

Additionally, legal frameworks are starting to shift toward shared liability models, where not just users but also platforms and developers of AI tools might be held accountable for trademark misuse—potentially a major development for risk management.

As a member of the Young Practitioners Committee and the 2025 TMAP Project Team, what makes attending TMAP an essential experience for those just getting started in IP?
TMAP is the best Meeting for those just getting involved in INTA and/or IP because it is the most intimate and focused Meeting. You can network and connect with other practitioners on a more meaningful level. You can also gain valuable insights from the educational sessions and connect with speakers and moderators face-to-face. I hope people will find me and ask any questions after the AI in the EU session. Also, it’s in Berlin—how can you not want to explore and enjoy that city a bit!?

Learn more and register for the 2025 TMAP Meeting.

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