Works created by Artificial Intelligence and the dilemmas of their protection

Abstract

The emergence of Artificial Intelligence to create various types of works, with different uses and applications in everyday life, confronts the World Intellectual Property Organization and the different legal systems of countries with the need to change principles and regulations in order to establish clear guidelines, international regulations, national regulations and, ultimately, public policies that guarantee the proper use of these tools, their accessibility, equity and ethical management; and in the field that concerns us, that guarantee the moral and economic rights arising from creations that are protected by intellectual property, regardless of whether they are works protected under copyright and related rights, industrial property or plant varieties. Regardless of the type of work, its creation or invention is understood to be the product of human intelligence and, therefore, generates rights for its owners. As such, when conceived through artificial intelligence tools, they open a gap and confront the prevailing regulations and order with the reality of technological development. It is therefore necessary to analyze the aspects of confrontation and the individual and collective efforts being made to resolve this dilemma.