scholarly journals ON THE POSSIBLITY OF CLASSIFYING WORKS CREATED BY ARTIFICIAL INTELLIGENCE AS INTELLECTUAL PROPERTY OBJECTS

2019 ◽  
pp. 54-58
Author(s):  
M.S. Utkina
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
New Technologies ◽  
System Development ◽  
Rapid Development ◽  
Scientific Progress ◽  
Legal Regulation ◽  
Individual Subject ◽  
Legal Personality ◽  
Author Keywords

The rapid information system development leads to the emergence of completely new technologies. For solutions to issues related to artificial intelligence, experts in various fields of research are making great efforts. This is due to the fact that in the next 50 years, according to scientists, the achievements in the field of artificial intelligence will almost completely replace people and will perform most of the work that they are currently doing. At the same time, according to the fact of the rapid development of innovation and intellectual spheres, it should be noted that artificial intelligence could fundamentally affect the fundamental concepts of their development. At present, we observe that artificial intelligence can be used not only for scientific purposes but also directly for the creation of new objects, works. However, there is no unanimity as to whether or not such work will belong to intellectual property. In the article, it was identified that there is an urgent need for the active development of information technology, regulatory support, and legal regulation of issues related to artificial intelligence. It also was analyzed the provisions for quality new digital authorship, according to which artificial intelligence will independently create works that will be identical and will not be different from the works of the author. It is suggested to consider two key approaches to the works and to divide them into two categories: works created directly by artificial intelligence and work created using (using) artificial intelligence and having fundamentally different provisions. In the article, it was also discussed the term “electronic person”. It will have a legal personality which will give an opportunity to determine it as an individual subject of legal relation – in the given case – author. Keywords: author, intellectual property, scientific progress, intellectual property object, artificial intelligence.

scholarly journals Artificial intelligence: economy, intellectual property, threats

2021 ◽  
pp. 56-74
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Protection ◽  
World Market ◽  
Legal Regulation ◽  
White Paper ◽  
Theoretical Research ◽  
Digital Information ◽  
Legal Analysis ◽  
Legal Personality

Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation. The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

scholarly journals Artificial intelligence: economy, intellectual property, threats

2021 ◽  
pp. 45-56
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Protection ◽  
World Market ◽  
Legal Regulation ◽  
White Paper ◽  
Theoretical Research ◽  
Digital Information ◽  
Legal Analysis ◽  
Legal Personality

Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation. The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.

scholarly journals Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations

Legal Concept ◽  
2021 ◽  
pp. 48-54
Author(s):  
Ekaterina Kupchina
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Social Relations ◽  
New Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Intellectual Property Rights Protection

Introduction: in the paper, the author analyzed the current problems associated with the use of artificial intelligence in the field of intellectual property. Thanks to the active introduction of this technology in many areas of human activity, there is a rapid growth of innovative processes. On the one hand, such active improvement of the computer technology system creates a favorable environment for the development of economic, political and social relations. On the other hand, however, the potential for the further development of artificial intelligence is of serious concern in the scientific community. In particular, modern digital technologies are developing much faster than the legal framework designed to regulate them is improving. In this regard, the first branch of law that has faced the greatest difficulties is intellectual property law, since it is a branch of law directly related to innovation processes. The purpose of the research is achieved by solving a number of tasks: to determine the role of artificial intelligence as a “subject” of patent relations, as well as the boundaries of responsibility for patent infringement by AI. The methodology is based on a theoretical approach to the study of the legal framework in the field of intellectual property. Based on the analysis of the theoretical data obtained, the author provides the examples of patent violations related to the use of artificial intelligence technology, as well as highlights some modern approaches to solving this problem. The results of the research can be used to determine the key goals and objectives in the law enforcement, research, as well as in educational and teaching activities, in particular, during lectures and seminars on courses in intellectual property law, copyright and patent law. Conclusions: the development of artificial intelligence technologies is central to the development of better intellectual property management systems. The development of new doctrines for new technologies, the modification of the existing patent system, as well as the changes in the policy of intellectual property rights protection contribute to the effective development of innovative processes and the improvement of the legal system as a whole.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

scholarly journals Specificity of the network model of innovation activity in biomedical sector in the context of protection of intellectual property

2021 ◽  
pp. 58-83
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Intellectual Property ◽  
Network Model ◽  
Open Innovation ◽  
New Technologies ◽  
Scientific Information ◽  
Practical Importance ◽  
Scientific Progress ◽  
Business Strategies ◽  
Innovation Activity ◽  
Dialectical Logic

This article aims to prove the working hypothesis, as well as determine and analyze the peculiarities of the network model of open innovation activity in biomedical sector in the context of protection of intellectual property in Russia and abroad, based on examination of the real projects implemented within the framework of this strategy by the organizations (for example, Structural Genomics Consortium) and companies (Bayer, AstraZeneca, FabRx, Biogen, Vertex Pharmaceuticals). The article employs the methods of induction and deduction, formal and dialectical logic for revealing the benefits of network cooperation and open innovation strategy, which substantiates the objective need for the business strategies, methods and mechanisms for the production and protection of scientific information and results of intellectual property in the context of development of new technologies (such, blockchain), which are discussed in the article. The relevance, theoretical and practical importance of the conducted research lie in the fact that the network “open” and traditional “closed” methods of production of the new scientific knowledge have their merits and flaws that may influence the scientific progress and innovation-driven growth. The experience of foreign institutes, scientific centers, and companies can be valuable in seeking the answers to the analogous questions associated with the development, substantiation, and recognition of collaborations based on the open innovations of the Russian Federation. The results acquired by the author are also reflected in the ideas that in the sphere of biotechnologies, the projects implemented in within the open innovations strategy may have different configurations (domestic and supranational), however pursuing a single goal –  to create a more effective specific therapy for various diseases, which would promote network collaboration, and by common consent, can be achieved via three vectors of research, while legal certainty and security can be ensured by blockchain technology.

scholarly journals ARTIFICIAL INTELLIGENCE: NEW CHALLENGES AND PROSPECTS

2020 ◽  
Vol 8 (5) ◽  
pp. 42-48
Author(s):  
Yulia Matyuk
Keyword(s):  
Artificial Intelligence ◽  
Industrial Revolution ◽  
New Technologies ◽  
Rapid Development ◽  
Modern Society ◽  
Fourth Industrial Revolution ◽  
New Challenges ◽  
And Robotics

The article analyzes the risks and new opportunities that arise before man and modern society in the light of the development of artificial intelligence and robotics in the conditions of the fourth industrial revolution. The rapid development of AI indicates the absence of uniform approaches to assessing the risks and prospects associated with the use of AI. Using PESTEL analysis, the article examines the key areas of interaction between AI and humans, new challenges and prospects that open to humanity in the era of new technologies.

Intellectual property transformation under the influence of the development of artificial intelligence. (Review)

2021 ◽  
pp. 132-141
Author(s):  
Svetlana Kodaneva ◽  
Keyword(s):  
Artificial Intelligence ◽  
Neural Networks ◽  
Intellectual Property ◽  
Legal Regulation ◽  
Creative Industries ◽  
State University ◽  
Technical Problems ◽  
Moscow State University ◽  
Practical Conference

Artificial intelligence is becoming an indispensable assistant not only in solving technical problems, but also in various creative industries and even in creativity, which has always been considered a human prerogative. In April 2021 at the Moscow State University. M.V. Lomonosov was held an international scientific and practical conference, dedicated to the discussion of the key problems of legal regulation of various aspects of intellectual property both for human-created neural networks and for works (inventions) created by artificial intelligence. This review presents the problems and issues raised in the framework of this conference.

New technologies or new human rights: the right to a government by humans and the right to one’s own thoughts?

2019 ◽  
Vol 76 ◽  
pp. 283-296
Author(s):  
Ryszard Piotrowski
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
New Technologies ◽  
Rapid Development ◽  
State Level ◽  
Human Condition ◽  
The Right To Privacy ◽  
Information And Communication ◽  
Court Proceedings ◽  
The Right

The rapid development of information and communication technology has made it imperative that new human rights be spelled out, to cope with an array of expected threats associated with this process. With artificial intelligence being increasingly put to practical uses, the prospect arises of Man’s becoming more and more AI-dependant in multiple walks of life. This necessitates that a constitutional and international dimension be imparted to a right that stipulates that key state-level decisions impacting human condition, life and freedom must be made by humans, not automated systems or other AI contraptions. But if artificial intelligence were to make decisions, then it should be properly equipped with value-based criteria. The culture of abdication of privacy protection may breed consent to the creation and practical use of technologies capable to penetrate an individual consciousness without his or her consent. Evidence based on such thought interference must be barred from court proceedings. Everyone’s right to intellectual identity and integrity, the right to one’s thoughts being free from technological interference, is as essential for the survival of the democratic system as the right to privacy – and it may well prove equally endangered.

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