Intellectual property and artificial intelligence: who is the author?

Abstract

The economic and legal aspects of the regulation of artificial intelligence (AI) technologies, their influence on scientific and inventive activity are studied. The role of protection of intellectual property (IP) - (patent and copyright) in different economies and jurisdictions in ensuring the balance of competing interests, identifies existing problems and identifies ways to solve them. AI is seen as one of the most important dual-use technologies, a new challenge for the economy and the legal system, a new phenomenon that has a multiplier effect, a legal phenomenon in the structure of legal relations, a new object for legal regulation. AI is able to generate and create various works - science, literature and art. These circumstances raise problems of recognition of authorship, the possibility of authors to dispose of their rights and their use of mechanisms for legal protection of IP objects. The main provisions of the Resolution of the European Parliament of October 20, 2020 on intellectual property rights in the development of artificial intelligence technologies (2020/2015 (INI)), the Resolution of the International Association for the Protection of Intellectual Property (AIPPI) 2020 on the inventory of inventions using AI. The analysis of the legislative and law enforcement practice of the European Patent Office (EPO), the US Patent and Trademark Office (USPTO) and the UK Intellectual Property Office (UKIPO), regional and international documents on the regulation of AI and IP, provides an opportunity to form a unified approach to interpretation of the criteria of protection of the results of AI activities in different jurisdictions, to apply the mechanisms of legal protection of IP objects in the national legislation, emphasizes the importance of IP policy for national security