Rights to the Result of Intellectual Activity of Artificial Intelligence in Terms of the Dualism of Intellectual Law

Abstract

This article reveals the author's view on the issues arising in the field of intellectual property rights in connection with the development of artificial intelligence systems. The topic of the research is touched upon due to the fact that the modern technological renewal in the modern world is so large-scale that many scientists are inclined not only to historical changes, but also to anthropological ones: technology becomes dominant in an inextricable connection with the human operator. In the modern Russian legislation there is no institutional fixation of norms of law regulating the relations connected with creation and use of results of artificial intelligence. In the global legal field the recognition of artificial intelligence as the author of the invention has been an open question for a long time. The article considers different points of view on the definition of artificial intelligence, including foreign sources. The author argues about the applicability of the concept of "inventor" in relation to artificial intelligence. The author's position in relation to the results of artificial intelligence is presented on the basis of the principle of intellectual property duality, where the main idea is the separation of non-property and property rights to the results of artificial intelligence. Methods of analysis, synthesis, modeling, comparative-legal were used. In the end conclusions are made about the recognition of authorship on the result of artificial intelligence, based on the creative contribution to its creation and work, the emergence and transfer of exclusive rights.