L’influence normative de l’IA en droit de la propriété intellectuelle

Abstract

We have identified three points that demonstrate the normative influence of artificial intelligence (AI) on intellectual property law. First, the application of intellectual property law to AI is going to be conditioned by the ethical and legal norms that frame the use of AI. Second, AI is a tricky innovation to bring into the intellectual property fold because of its evolving nature. Its introduction into the field of intellectual property law inexorably leads to the transformation of the main notions of this law, and in particular the notions of protectable creation and protected creator. Thirdly, it appears from the above that intellectual property law has not yet been adapted to AI. On the other hand, outside of intellectual property law, several rules have already been adopted to foster the development of AI. In particular, they aim to make accessible the data necessary for AI to function. Finally, intellectual property law, as it exists today, does not seem to be the regime chosen to foster AI technologies.