Prethodno priopćenje
https://doi.org/10.22598/iele.2025.12.2.3
SUI GENERIS PROTECTION OF AI-GENERATED OUTPUTS IN UKRAINE
Anna Shtefan
orcid.org/0000-0003-2382-4849
; Intellectual Property Scientific Research Institute of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine
*
* Dopisni autor.
Sažetak
The possibility and feasibility of legal protection for objects autonomously generated by AI technologies is a debatable issue. Some countries, notably the United Kingdom, offer copyright protection for such objects, while others do not recognize their copyrightability. There is also an example of the introduction of a special legal regime for autonomous computer creations, namely new sui generis right which came into force in Ukraine on January 1, 2023. This article reveals the main provisions of this regime and its positive features, such as a distinction between AI-generated outputs and human works, non-recognition of the legal subjectivity of AI, and flexible determination of the right holders. At the same time, some aspects of the sui generis right to AI-generated outputs raise concerns, particularly the unclear criteria for the protectability, automatic granting of legal protection without any exceptions, a full range of exclusive rights, and a long duration of their validity. To avoid unjustified overprotection, the article suggests ways to improve the new regime by balancing the right to AI-generated outputs, considering the current state of technology development, and the interests of both potential rights holders and society.
Ključne riječi
artificial intelligence; AI-generated outputs; legal protection; copyright; sui generis right; intellectual property
Hrčak ID:
342095
URI
Datum izdavanja:
22.12.2025.
Posjeta: 357 *