Digital Sovereignty and Global Equity Artificial Intelligence Agnes Hithra

Digital Sovereignty and Global Equity: Artificial Intelligence,Intellectual Property and Emerging Legal Challenges

Abstract

The rapid growth of artificial intelligence (AI) has brought renewed attention to questions of digital sovereignty, fairness in global access, and whether existing intellectual property (IP) systems are still fit for purpose. As governments attempt to assert greater control over data flows, technological infrastructure, and algorithmic decision-making, they face an inherent tension: digital technologies do not respect national borders. This creates friction between domestic regulatory ambitions and the global nature of AI systems.¹

AI also challenges long-standing assumptions within IP law. Issues such as who qualifies as an “author,” who owns AI-generated outputs, and who bears responsibility when systems cause harm are becoming increasingly difficult to resolve under traditional frameworks.² At the same time, unequal access to AI technologies risks widening the gap between developed and developing countries, limiting participation in innovation and knowledge creation.

The role of global trade and competition law is equally significant. Large technology companies now shape markets, influence access to data, and determine the direction of innovation.³ Without careful regulation, this concentration of power may further disadvantage smaller economies and emerging innovators. Concerns also arise in relation to traditional knowledge, biodiversity, and cultural heritage, where the use of data in AI systems can lead to appropriation without adequate recognition or benefit-sharing.

From a human rights standpoint, the expansion of AI raises important questions about transparency, accountability, and fairness. Ensuring that AI systems do not reinforce discrimination, and that individuals retain meaningful access to information, is essential.⁴

This paper argues that existing legal approaches must evolve. A more balanced model of global governance is needed—one that respects national interests while encouraging cooperation, promotes fair access to technology, and protects cultural and knowledge systems. Flexible and coordinated legal responses will be key to addressing the challenges posed by AI while supporting a more equitable digital future.

Keywords:Digital Sovereignty; Artificial Intelligence; Intellectual Property; Global Equity; Access to Knowledge

Footnotes

1. U.N. Secretary-General, *Roadmap for Digital Cooperation* (2020).

2. World Intell. Prop. Org. (WIPO), *WIPO Technology Trends 2019: Artificial Intelligence* (2019), [https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1055.pdf](https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1055.pdf).

3. World Trade Org. (WTO), *World Trade Report 2020: Government Policies to Promote Innovation in the Digital Age* (2020), [https://www.wto.org/english/res_e/booksp_e/wtr20_e/wtr20_e.pdf](https://www.wto.org/english/res_e/booksp_e/wtr20_e/wtr20_e.pdf).

4. Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948).