Pavlyuk O. V. Civil Law Protection Of Objects Of Intellectual Property Rights Created Using Artificial Intelligence Technologies. ‒ Qualifying scientific work as a manuscript.
The thesis for the degree of Doctor of Philosophy in specialty 081 – Law. – Lviv State University of Internal Affairs. Lviv. 2024.
The dissertation aims to conduct a comprehensive study of the features of legal protection for intellectual property objects created using artificial intelligence technologies, and to identify problems that may arise in forming the practice of their protection. Additionally, the dissertation includes practical developments for improving the norms of civil legislation of Ukraine and their further application in regulating public relations that arise in the field of protecting intellectual property objects created using artificial intelligence technologies.
In Chapter 1, «General theoretical foundations and conceptual apparatus of protection of intellectual property objects created using artificial intelligence technologies», typical methods of defining artificial intelligence are examined. Based on the analysis of these interpretations of artificial intelligence, the author formulates a definition of artificial intelligence technology: «artificial intelligence technology is a computer system that is a combination of algorithms, software for electronic computing machines, databases, and hardware that operate by utilizing the capabilities and functionality of artificial intelligence».
In Chapter 2, «Intellectual property law and artificial intelligence», it is established that conceptual approaches to defining artificial intelligence technologies in the field of intellectual property law can be distinguished based on the criteria for
the distribution of authorship rights and the types of intellectual property objects created with the participation of artificial intelligence technologies. These approaches are as follows: artificial intelligence technology as the full-fledged author of the works it creates—results of intellectual activity; artificial intelligence technology as a kind of co-author with a human in creating results of intellectual activity; artificial intelligence technology as an employee creating results of intellectual activity, presumed and positioned as a work for hire; artificial intelligence technology as a tool used by humans in creating results of intellectual activity; and the transition of results of intellectual activity created by artificial intelligence technology into the public domain.
In Chapter 3, «Prospects for improving the legal protection of intellectual property objects created using artificial intelligence technology», the author’s vision is proposed and the content of the determinants for the appropriateness of regulating relations related to the legal protection of intellectual property objects created using artificial intelligence technologies is revealed. These determinants include the following: the level of social significance of artificial intelligence technologies and societal demands for appropriate legal regulation of their activities; cross-border relations and international cooperation; access to information; protection of intellectual property rights; the necessity of resolving the issue of the legal status of artificial intelligence technology; legal convenience; ethical requirements.
The conclusions, recommendations, and proposals formulated in the work can be used for further doctrinal developments, improvement of legal regulation of the institution of codification, applied in scientific, legal, and normative activities, in the educational process in preparing students of bachelor’s and master’s levels in the field of law, as well as in the development of textbooks, manuals, and other educational materials.
