Kupchina E.V. Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations

DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.6

Ekaterina V. Kupchina, Senior Lecturer, Department of Civil Law and Procedure and Private International Law, Peoples’ Friendship University of Russia, Miklukho-Maklaya St, 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-1318-3654

Introduction: in the paper, the author analyzed the current problems associated with the use of artificial intelligence in the field of intellectual property. Thanks to the active introduction of this technology in many areas of human activity, there is a rapid growth of innovative processes. On the one hand, such active improvement of the computer technology system creates a favorable environment for the development of economic, political and social relations. On the other hand, however, the potential for the further development of artificial intelligence is of serious concern in the scientific community. In particular, modern digital technologies are developing much faster than the legal framework designed to regulate them is improving. In this regard, the first branch of law that has faced the greatest difficulties is intellectual property law, since it is a branch of law directly related to innovation processes. The purpose of the research is achieved by solving a number of tasks: to determine the role of artificial intelligence as a “subject” of patent relations, as well as the boundaries of responsibility for patent infringement by AI. The methodology is based on a theoretical approach to the study of the legal framework in the field of intellectual property. Based on the analysis of the theoretical data obtained, the author provides the examples of patent violations related to the use of artificial intelligence technology, as well as highlights some modern approaches to solving this problem. The results of the research can be used to determine the key goals and objectives in the law enforcement, research, as well as in educational and teaching activities, in particular, during lectures and seminars on courses in intellectual property law, copyright and patent law. Conclusions: the development of artificial intelligence technologies is central to the development of better intellectual property management systems. The development of new doctrines for new technologies, the modification of the existing patent system, as well as the changes in the policy of intellectual property rights protection contribute to the effective development of innovative processes and the improvement of the legal system as a whole.

Key words: intellectual property, artificial intelligence, patents, inventions, property rights.

Citation. Kupchina E.V. Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations. Legal Concept = Pravovaya paradigma, 2020, vol. 19, no. 4, pp. 48-54. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.4.6

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