In modern conditions of development of public relations, the creation of objects of intellectual property rights by artificial intelligence is becoming more widespread. With this in mind, it is important to analyze the international legal experience of regulating the use of artificial intelligence as the author of intellectual property, to further borrow it for domestic laws, as well as to pay attention to problematic aspects of such regulation and make proposals to resolve inconsistencies. The study clarifies the international legal regulation of intellectual property rights created by artificial intelligence, as well as analyses the problematic issues of regulation of artificial intelligence by international law and the features of such regulation in Ukraine and presents positions on the development of artificial intelligence systems and prospects, as well as the prospects for its impact on world society.
Ukraine’s national legislation and the European Court of Human Rights’s case-law outline
Сopyright protection. Many cases exist where the public significance and damage from
copyright infringement entails holding the guilty person criminally responsible for the
transgression. Given copyright infringement cases do not reflect a predominant concern
over other crimes, a structured criminal prosecution mechanism does not exist. Thus, the
European Court of Human Rights’ legal positions and instructions intend to eliminate gaps
legally regulating criminal liability for copyright infringement. Hence, the legal regulation,
its gaps and ECHR case law impacts on Ukrainian practice were analysed. This structure
enabled proposing steps for improving legally regulating criminal liability for copyright
infringement in Ukraine.
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