How will contemplated laws protect the results of AI activity in Europe? Considerations under selected provisions of EU law

The legal protection of artificial intelligence (AI) in EU law is one of the European Union's current challenges. The rapid development of AI seems to require that certain regulations be adopted. On the one hand, this development within the EU should not be halted; on the other hand, it is necessary to ensure that the use of AI is safe and lawful. The use of AI raises the question about the rights to the results of its activity; that is, to the creations of AI. Most of these creations will be in the form of immaterial goods and their protection should be considered from the perspective of intellectual property law. These issues have already been recognised in the European Parliament resolution of 16 February 2017 (the ‘Resolution’) with the recommendations to the Commission on Civil Law Rules on Robotics.^[1] Nevertheless, this document does not in fact solve the actual question of the regulation of AI from the intellectual property law angle. In this context, several questions arise as to the direction in which the future regulation of the creations of AI should go and, specifically, whether this area should be protected under intellectual property law.

The above fragment comes from the article 'How will contemplated laws protect the results of AI activity in Europe? Considerations under selected provisions of EU law' wchich is available at International Bar Association website.

The article is authored by Dr Aleksandra Auleytner, Partner and Dr Marcin Stępień, Associate from IP&TMT Practice.