Civil law regime of objects generated by artificial intelligence

Abstract

The article is devoted to the civil law aspects of the problems of artificial intelligence and its place in the structure of civil law relations, as well as questions regarding the legal regime of objects generated by artificial intelligence. The approaches expressed in the domestic legal doctrine regarding the understanding of artificial intelligence as an object and as a subject of civil law relations, as well as a point of view regarding the possibility of simultaneously considering artificial intelligence as an object and as a subject of such legal relations, are analyzed. On the basis of approaches to the definition of the concept of «artificial intelligence», which are beginning to be formed at the level of legal acts of the United Nations and the European Union, as well as enshrined in the legislation of Ukraine, it is concluded that artificial intelligence must be considered as an object of civil law relations. In this regard, a critical position has been expressed regarding attempts made at the theoretical level to interpret artificial intelligence or robots endowed with artificial intelligence as subjects equivalent to natural persons, as quasi-legal entities. The main provisions of the Law of Ukraine «On Copyright and Related Rights» on the sui generis right on a non-original object generated by a computer program, which can be considered corresponding concept of «object generated by artificial intelligence», have been analyzed. The features of a non-original object generated by a computer program are singled out as a special type of an object of sui generis right. A position has been expressed regarding the expediency of clarifying the provisions of the Law of Ukraine «On Copyright and Related Rights» in the part of defining the subject of a sui generis right to a non-original object generated by a computer program. It was concluded that objects generated by artificial intelligence can be classified as objects of intellectual property law, within the framework of which their legal protection should be ensured by a special kind of right – sui generis right. The expediency of enshrining the main provisions regarding the sui generis right to an object generated by artificial intelligence in Book 4 of the Civil Code of Ukraine is emphasized.