Regulação do uso e desenvolvimento da inteligência artificial: desafios relacionados à propriedade intelectual

Abstract

With the current scenario of digital transformation, the use of new technologies such as Artificial Intelligence has increased in various activities, including the creation of works and inventions. As a result, several countries have been moving towards establishing regulations on the use and development of Artificial Intelligence. As a research problem, in addition to reflecting and questioning potential challenges for regulating the use and development of Artificial Intelligence, taking into account the possibility of various creations resulting from its application, the question arises of how to protect these creations, as they are not covered by Intellectual Property laws. Therefore, this study aimed to evaluate potential updates in Brazilian legislation on Intellectual Property, based on the innovative advances promoted by Artificial Intelligence and its intersection with fundamental rights, in order to define the protection of works and inventions originating from the application of Artificial Intelligence. The specific objectives were: a) to understand the functioning of Artificial Intelligence and the possibility of producing works and inventions from its application; b) to investigate the protection provided by Intellectual Property laws for works and inventions resulting from the application of Artificial Intelligence; c) to examine the Brazilian proposal for regulating the use and development of Artificial Intelligence and its possible implications with its implementation; d) to evaluate the feasibility of the Artificial Intelligence Regulatory Framework establishing protection for creations by Artificial Intelligence. A quali-quantitative approach and an exploratory work using bibliographic and documentary techniques were used. As results, in the bibliometric search, using three different search strategies, 327 documents were retrieved from the Web of Science and 423 from Scopus; in the patent search, 34,799 patent requests/deposits were retrieved from the Orbit Questel platform; in the technical search on official Brazilian government websites, in addition to Intellectual Property laws, Bills on Artificial Intelligence Regulation were found. It was concluded that this is a topic that requires extensive and in-depth discussion in order to strike a balance between fundamental rights and the potential innovative advances promoted by Artificial Intelligence, as well as the need for an update in Brazilian legislation on Intellectual Property to define the protection of works and inventions originating from the application of Artificial Intelligence.