“Artificial Intelligence” Technologies in the Mechanism of Contractual Regulation in the Russian Federation

Abstract

“Artificial intelligence” technologies (AI technologies) are becoming popular objects of civil rights. Current legislation does not regulate relations on the creation of these results of intellectual activity and the turnover of exclusive rights to them. The current state of doctrine and law enforcement practice demonstrates the unresolved problems associated with the legal qualification of AI technologies, the definition of their legal regime, the use of various contractual structures for the creation of these innovative intangible objects and the turnover of exclusive rights to them. The purpose of the study is to consider the key civil scientific and practical problems of AI technologies in the mechanism of contractual regulation at the stage of establishing of legislation regulating digital relations. Methods: comparative legal method, rising from the abstract to the concrete, modeling, induction, deduction. Results and novelty: having realized the research objectives through the general scientific and private scientific methods described above, the authors considered AI technologies as independent results of intellectual activity and objects of civil rights. The factors influencing the construction of a system of contracts ensuring the turnover of exclusive rights to AI technologies are identified, in particular, the need to include conditions on confidentiality of information, on the procedure for applying a smart contract, methods of identification and authentication of the parties to contracts. A system of contracts has been developed to ensure the turnover of exclusive rights to AI technologies.