Yapay Zekâ Ürünleri̇ni̇n Ve Sahi̇pli̇k İki̇lemi̇ni̇n Fi̇kri̇ Mülki̇yet Hukuku Kapsaminda Değerlendi̇ri̇lmesi̇

Abstract

Intellectual Property (IP) rights have always had difficulties coping with disruptive technologies. The development of Artificial Intelligence (AI) and its common use of it push the boundaries of copyright and patent protection. The interpretations of the patentability and copyrightability requirements for being protected by IP rights become ambiguous when assessing AI-generated works, due to the ability of AI to learn and generate output without human intervention. This paper although there is no doubt that AI generates creative and inventive works which could obtain copyright and patent, the existing framework of both IP rights in the United States (US), United Kingdom (UK), and European Union (EU) is clearly insufficient to deal with AI development. This paper addresses and analyses the question of who will be the author/inventor or owner of the autonomous work and reaches the conclusion that it does not seem to be answered adequately based on current regulations. The author of this dissertation argues that rather than accepting AI as an author or not, some legal regulations should be done to overcome the uncertainty of AI-generated works’ protection scope. The Dabus decision has shown that there is no unity in terms of assessing inventions across these jurisdictions. Whilst AI develops over time, if the ambiguity problem of AI-generated works is not solved, this may become troublesome to deal with in the future.