Legal Regulation of the Creation of Intellectual Property Using Artificial Intelligence: A Comparative Legal Perspective

The paper presents a comparative legal study of approaches to defining the legal regime for intellectual property created with the use of artificial intelligence technologies. It analyses the legislation and law-enforcement practice of states belonging to the continental and Anglo-American legal systems, as well as selected Asian jurisdictions, with regard to the definition of the author figure and the criteria for the protectability of such objects. The study concludes that differences in the legislative constructions of authorship do not decisively affect the resolution of the issue of granting legal protection to results created using artificial intelligence. Regardless of the specifics of national regulation, the provision of legal protection for objects created with the use of AI technologies is linked to the presence of human creative contribution in their creation. The author finds that objects fully generated by AI technologies without any human creative input are, as a general rule, not recognized as protectable results of intellectual activity. Conversely, the use of AI technologies as a technical tool in the course of human creative activity does not preclude the emergence of intellectual property rights in the resulting output.