A Brief Analysis of Intellectual Property Law under the Impact of Artificial Intelligence
DOI:
https://doi.org/10.54097/qtq8hh68Keywords:
Artificial Intelligence, Intellectual Property Law, A Work of Creation, CopyrightAbstract
As a significant catalyst for a new era of scientific and technological innovation and industrial transformation, artificial intelligence is profoundly altering the manner in which society produces goods and services and the course of human existence. The challenges associated with the creation, art, invention, algorithms and big data in the context of artificial intelligence can be categorized as follows: The object scope of artificial intelligence creation is ambiguous, and the system of subject identification is lacking. The moral rights system exhibits a lack of applicability in the domain of artificial intelligence creation. The process of obtaining rights and the identification of the duration of rights are not aligned with the actual needs of social development. In light of these challenges, the paper puts forward the following recommendations: Firstly, it should be acknowledged that artificial intelligence creations can be the object of intellectual property. Secondly, the designer and actual operator of the artificial intelligence creation should be entitled to the corresponding rights. Thirdly, in view of the non-human characteristics of artificial intelligence, the moral rights of authors in the context of artificial intelligence creation should be appropriately restricted. Given the efficiency of artificial intelligence creations and the rapidity of work renewal, it is necessary to establish a compulsory registration system for the copyright of artificial intelligence creations, and appropriately shorten the duration of rights.
Downloads
References
[1] king. "work" theory of computer copyright protection [J]. Journal of cloud Journal of south university (law), 2016 (1) : 20 to 25.
[2] Yang Yanchao. Robot Law: Building a New Order for Human Beings in the Future [M]. Beijing: Law Press,2019:518.
[3] Cao Xinming, Xian Chenxu. Ethical discussion on artificial intelligence as subject of intellectual property rights [J]. Journal of Northwest University (Philosophy and Social Sciences Edition), 2019,50(1): 94-106.
[4] Cong Lixian. Copyrightability and copyright ownership of artificial Intelligence-generated Content [J]. China Publishing, 2019 (1): 11-14.
[5] Zhang Xinbao, Bian Long. Research on copyright protection of artificial Intelligence-generated content [J]. Comparative Law Research,2024(2):77-91.
[6] Yang Yanchao. Evolution and Change of the concept of Intellectual property from the perspective of Artificial Intelligence [J]. Journal of Southeast University (Philosophy and Social Sciences Edition), 2019,22(6): 98-106 +153.
[7] Liu Qiang. Theoretical Challenges and Responses of artificial Intelligence to intellectual property system [J]. Legal Forum, 2019, 34(6):95-106.
[8] Liu Qiang, Zhang Jiaming. Research on the qualification of Artificial Intelligence Intellectual Property creators [J]. Wuling Journal,2019,44(4):45-52.
[9] LI Chen. The Second Nature Principle of Law and the Concept of Intellectual Property Rights [J]. Journal of Renmin University of China,2004,18(1):95-101.
[10] Wang Xueqiao. Research on legislation of Intellectual Property Protection of artificial Intelligence products [J]. Journal of Hunan University of Science and Technology (Social Science Edition),20,23(2): 96-102.
[11] Wu Handong, Zhang Ping, Zhang Xiaojin. The Challenge of Artificial Intelligence to legal protection of Intellectual property Rights [J]. China Law Review,2018(2):1-24.
[12] Yang Yanchao. The challenge of Artificial intelligence to intellectual property law [J]. Governance Research, 2018 (5): 120-128.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Academic Journal of Management and Social Sciences

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

