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 the daily life of society, confronts the World Intellectual Property Organization and the different legal systems of the countries, the change of principles and regulations. in order to establish clear guidelines, international regulations, national regulations and ultimately public policies that guarantee the appropriate use of these tools, their accessibility, equity and ethical management; and in the field that concerns us, that guarantee the moral and patrimonial rights that arise from the creations that are protected by Intellectual Property, regardless of whether they are works protected under copyright and related rights, industrial property or plant varieties. Well, regardless of the type of work, its creation or invention is understood to be a product of human intelligence, and therefore, it generates rights for its owners, which is why when they are conceived through artificial intelligence tools, they open a gap and confront to the prevailing regulations and order in the face of the reality of technological development. Therefore, it is necessary to analyze the aspects of confrontation and the individual and collective efforts that are being made in search of solving this dilemma.