Legal issues arising with regulation of artificial intelligence technologies when protecting intellectual property rights

Abstract

Digital technologies are evolving at an unprecedented pace, with artificial intelligence increasingly involved in the creation and dissemination of assets arising from human intellect, and thus underscoring the growing need for a more effective protection of intellectual property rights and calling for a reassessment of existing approaches to their legal regulation. Here, the key issues associated with this problem are summarized, including the determination of the legal regime for managing intellectual assets created with the use of artificial intelligence tools and the application of copyright-protected intellectual property for training generative algorithms. Various doctrinal conceptions about whether artificial intelligence is a separate legal subject or not and competing approaches to defining its legal status, the notions of an “electronic person” and a “quasi-subject” in particular, are analyzed. The conclusion is that it is necessary to establish an effective legal framework to regulate the use of artificial intelligence technologies based on an anthropocentric approach that places the protection of human rights and interests at the forefront of all interactions with technology. This framework should balance established civil law constructs with modern mechanisms of oversight and protection, thus ensuring the security of the digital environment and the safeguard of human rights in the context of digitalization.