Convergence of Artificial Intelligence and Intellectual Property Rights

Abstract

The purpose is to identify and evaluate the doctrinal definitions of the concept and recommendations on ensuring the protection of the results created by AI as products of the functioning of its technologies using the norms of the current copyright, patent and other legislation. At the same time, the goal of scientific evaluation of the existing legal definitions of the concept of AI and its accompanying categories is pursued. The methodology includes methods of logical, historical, systematic and comparative legal analysis of legal definitions, methods of translation (implementation) of doctrinal categories in normative legal acts, interpretation of differences in copyright and patent protection of the results of human creative activity and the need to take them into account when deciding on the possibility of legal protection of products generated by artificial intelligence. Result. As part of the assessment of the existing doctrinal and legal definitions of the concept of AI, its technologies and the possibilities of protecting the protective results created in the course of their operation, conclusions are drawn in favor of legal structures. In the sense of the latter: artificial intelligence is recognized as a human-created “complex of technological solutions”; operations performed by this complex are not identified with human actions, but are recognized only as their similarity (“imitation»); the results of these operations are not equated with the creative achievements of the natural (human) mind, but are recognized as their visibility, which can only be compared (“compared”) with the products of the cognitive functions of the human brain as the results of its “intellectual activity”.