The growth of Artificial Intelligence has been palpable for some years now, which means that its developers want to register their inventions in the appropriate Offices .
Specifically, as WIPO points out, more than one and a half million scientific inventions related to Artificial Intelligence have been published in recent times, belonging to different sectors such as entertainment, security, agriculture or networks, among others.
For their part, the majority of the Artificial Intelligence registrations belong to Japanese and American companies , with IBM and Microsoft standing out, among others. Also, other entities such as Toyota , Bosch or Samsung lead the registration of patents in this field. Regarding the ownership of these, not only private companies prevail, but also public institutions and universities, with China and Korea standing out, among others.
This is therefore a key market for innovation, which has given rise to various challenges, some of which are related to Intellectual Property (understood from a broad perspective).
In addition to contributing to innovation and creations, Intellectual Property systems have emerged, i.e. forums in which Member States and other interested parties participate to understand issues regarding Artificial Intelligence.
All these creations developed by Artificial Intelligence have relevant implications for Intellectual Property and, in general, in most countries, including Spain, the only creations that can be protected by Copyright are those developed by a natural person , in addition to meeting other requirements such as originality.
There are no current and unanimous regulations on this matter, so it will depend on the expert who is asked about how to protect the creations of Artificial Intelligence.
In this sense, there are those who consider that it cannot be registered using Artificial Intelligence, and another sector, which interprets that the legitimacy is held by the person who has developed the Artificial Intelligence that subsequently created the creation.
An example of this is the so-called new Rembrandt , a painting that was developed by a computer and printed in 3D, using a facial recognition algorithm that analyses data. Specifically, almost 150 million pixels and more than 168,000 fragments of the author's work.
The project was sponsored by such important companies as the banking institution ING , Microsoft , the Technical University of Delft , the Mauritshuis Museum and the Rembrandt House Museum .
Currently, there is no express prohibition on the granting of Copyright to works developed by Artificial Intelligence, although some countries have expressed their opinion on the matter.
In the United States , the Copyright Office has stated that an original work is one that has been developed by a human being, which has subsequently been ratified by jurisprudence and, among others: Feist Publications v. Rural Telephone Service Company, Inc. 499 US 340 (1991)) or Acohs Pty Ltd v. Ucorp Pty Ltd.
In Europe , the European Court of Justice has been responsible for issuing decisions on this matter. See: Infopaq (case C-5/08, Infopaq International A/S v. Danske Dagblades Forening) , which reiterates that authorship must correspond to a human being.
However, territories such as Hong Kong, India, Ireland, New Zealand and the United Kingdom have regulations that refer to works developed by computers.
On a practical level, there is Article 9.3 of the British legislation in the field of IP: “In the case of a literary, dramatic, musical or artistic work generated by computer, the author shall be deemed to be the person who makes the arrangements necessary for the creation of the work.” To continue, in its Article 178: “it is generated by a computer in circumstances such that there is no human author of the work.”
Conclusions:
