scholarly journals Review of the theoretical approaches regarding the legal protection of objects generated by artificial intelligence systems in the field of copyright and related rights

2021 ◽  
pp. 25-37
Author(s):  
Kostiantyn Zerov
Keyword(s):  
Artificial Intelligence ◽  
Legal Status ◽  
Legal Protection ◽  
Computer Programs ◽  
Legal Regulation ◽  
Legal Regime ◽  
Relevant Object ◽  
Theoretical Approaches ◽  
Artificial Intelligence Systems ◽  
Broadcast Program

Keywords: artificial intelligence, copyright, related rights, sui generis The publication provides a descriptive review of existingtheoretical approaches regarding the legal protection of objects generated byartificial intelligence systems in the field of copyright and related rights, namely.1) The inexpediency of legal protection of computer-generated objects. It is concludedthat the absence of legal regulation and free circulation of generated objects isconsidered the easiest option. Still, hardly fair and justified, as the creation of artificialintelligence systems requires large and significant investments in their development.2) The possibility of protecting computer-generated objects by copyright as originalworks. It has been established that extending the concept of «originality» to computergeneratedobjects seems unjustifiable.3) The introduction of the latest iteration of the fiction theory and establishing aspecial legal status for artificial intelligence systems. It is noted that such an approachseems premature because the existing artificial intelligence systems are amanifestation of «narrow» or «weak» artificial intelligence and not artificial generalintelligence.4) Protection of specific generated objects through related rights. It is concludedthat the objects generated by AI systems may be protected in Ukraine through theprism of related rights, under the condition that the relevant object can be attributedto a phonogram, videogram, or broadcast (program) of broadcasters respectively.5) Protection of generated objects through a special legal regime under copyrightlaw. It is described that this approach cannot be considered a universal example forimitating the legal protection of objects generated by computer programs because itsapplication leaves more questions and inconsistencies than solving the problem onthe merits.6) Protection of generated objects through sui generis law. It is assumed that applyingsuch an approach to the protection of objects generated by computer programswill not lead to significant changes in copyright and will protect the interests and investmentsof developers of artificial intelligence systems.

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

scholarly journals Features of Application of X-Ray Surveillance Systems at Transport Infrastructure Facilities: Legal Regime and Directions for the Development of National Security with the Purpose of Preventing Circumstances in the Era

2021 ◽  
pp. 102-109
Author(s):  
R. V. Isakov ◽  
S. D. Petrochenkov ◽  
D. V. Tetkin
Keyword(s):  
Artificial Intelligence ◽  
Legal Regulation ◽  
The Body ◽  
Transport Infrastructure ◽  
Surveillance Systems ◽  
Legal Regime ◽  
Scientific Methods ◽  
X Ray ◽  
Systemic Analysis ◽  
Artificial Intelligence Systems

The paper examines the types of X-ray inspection installations and their effect on the body of the inspected persons. It also investigates the issues of minimizing the passage of inspection activities using X-ray installations for certain categories of citizens in the framework of the implementation of an innovative legal regime, the possibility of optimizing inspection activities by introducing artificial intelligence systems. The article focuses on the topical problems that arise during inspection activities using X-ray equipment: privacy, harmlessness, “human factor”. The ways of solving the indicated problems are proposed. A number of general scientific and specific scientific methods of cognition were used: dialectical, systemic, analysis, modeling, etc. In the course of using these methods, the authors characterize the types of X-ray inspection installations and predictably set out problematic issues requiring legal regulation. Conclusions are also made about the possibility of using artificial intelligence systems when conducting inspection activities, both in Russia and in other countries.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals TOPICAL ISSUES OF RESEARCH AND EDUCATIONAL POLICY DEVELOPMENT IN RUSSIA

2020 ◽  
Vol 9 (02) ◽  
pp. 197-211
Author(s):  
Anna Rozentsvaig ◽  
R. A. Vdovin
Keyword(s):  
Artificial Intelligence ◽  
Educational Policy ◽  
Policy Development ◽  
Legal Status ◽  
Technological Development ◽  
Legal Regulation ◽  
Competence Development ◽  
Point Of View ◽  
Research Education ◽  
World Class

The article deals with some directions of the research and educational policy development. The correlation of approaches to the development of the strategic academic leadership program and the world-class research and educational centers establishing, centers of competence development is analyzed. Engineering knowledge and technology are at the heart of the modern economy. Engineering methods, approaches, and technologies have permeated medicine, biology, agriculture, chemistry, and the development of new materials. Understanding the directions of technological development determines the prospects for creating and using new products. further development of the issue related to the introduction of artificial intelligence technologies in the engine-building industry from the point of view of legal regulation will allow to consolidate the official legal status of such technologies at the legal level and regulate the algorithm and delimit the use of artificial intelligence technologies. The analysis of responses to the big challenges of scientific and technological development and the exhaustion of economic growth opportunities, the formation of the digital economy and the risks of reducing human resources. The development of international accreditation procedures is proposed. Keywords: Research; Education: Research and educational center: Competence development center; Artificial intelligence technologies: International accreditation.

scholarly journals LEGAL REGULATION OF THE USE OF ARTIFICIAL INTELLIGENCE IN NOTARY AND CIVIL PROCESSES AS AN ELEMENT PROTECTION AND PROTECTION OF THE RIGHTS OF RESIDENTS (RESIDENTS) OF THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2020 ◽  
pp. 447-456
Author(s):  
Г. В. Луцька
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Computer Programs ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Civil Process ◽  
Procedure Code ◽  
Occupied Territories ◽  
Intelligent Computer ◽  
Autonomous Republic

The article considers the problem of application of artificial intelligence in the law of Ukraine in general and in the notarial and civil process in particular. The legal consequences of the legal regime of temporary occupation of some territories of Ukraine are indicated and the ways to eliminate obstacles in the protection and defense of the rights of citizens of Ukraine in these territories are determined. The legal construction of «artificial intelligence» is studied and its types are offered. The conclusion about the expediency of using intelligent computer programs, intelligent information technologies as types of artificial intelligence in notarial and executive processes is substantiated. It is proposed to consider the use of artificial intelligence in notarial and civil proceedings for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions, within the limits, in the manner and in the manner prescribed by law of Ukraine. It is proved that the introduction of artificial intelligence through the mechanism of protection and defense of human and civil rights and freedoms in the civil process must be adapted to social relations that arise and exist, not violate the constitutional rights and freedoms of man and citizen in Ukraine and have a legal basis. Based on the scientific and practical analysis of the Civil Procedure Code of Ukraine, it is proposed for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions to establish that lawsuits, separate and injunctive proceedings are entirely online. The procedure (procedure) and features of such proceedings with the use of various types of artificial intelligence (such as chatbots and other information intelligence technologies) should be defined in the Civil Procedure Code of Ukraine. It is noted that the introduction of the above mechanism to protect and defend the rights of citizens living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions through intelligent computer programs will require proper maintenance and support of such programs to prevent leakage of information, leakage of personal data, etc. The conclusion is substantiated that e-litigation and remote notarial proceedings will increase the effectiveness of notarial and judicial forms of protection and protection of rights and make these state forms of protection more flexible, able to anticipate the peculiarities of procedural actions involving residents of the temporarily occupied territories.

scholarly journals Protecting Sentient Artificial Intelligence: A Survey of Lay Intuitions on Standing, Personhood, and General Legal Protection

2021 ◽  
Vol 8 ◽  
Author(s):  
Eric Martínez ◽  
Christoph Winter
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Intelligent Systems ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Doctrine ◽  
Legal Personhood ◽  
Political Differences ◽  
Near Future ◽  
Far Future

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.

scholarly journals National appropriation of natural resources in the international space law

2021 ◽  
pp. 46-59
Author(s):  
Olesya Andreevna Popova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Outer Space ◽  
National Level ◽  
The United States ◽  
Legal Regulation ◽  
Legal Regime ◽  
International Space ◽  
Space Law ◽  
Celestial Bodies

This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.

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.

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