Expert Opinion: «Information Technologies and Intellectual Property» questions and answers

1 july 2024

Services and information

National Center of Intellectual Property publishes answers to the questions posed by the participants of the round table «Information Technologies and Intellectual Property» at the TIBO 2024 forum.

Q: It is planned to use artificial intelligence (AI) when developing software (software) with the assignment of exclusive rights (custom development). What conditions should be included in an agreement with a customer in this connection? Is it lawful to include in the agreement conditions on guaranteeing the legal purity of the developed software if AI is used?

Response provided by Irina Sakova (Deputy Director for Legal Issues, Game Stream LLC):

Currently, there is no legal definition of AI, and there is no legislative regulation of relations arising in connection with its use, which contributes to the emergence of such issues as the possibility of recognizing the results created by the AI system as intellectual property objects and (in case of recognition) the authorship or ownership of the exclusive right to such objects.

In terms of essence (nature), AI is a computer program operating according to a certain algorithm and a knowledge base and/or database (possibly all sources available including online), on the basis of which it learns and from which it takes (uses, analyzes) information.

It should also be noted that objects created by AI systems in autonomous mode cannot be recognized as copyright objects.

Therefore, if during software development AI is used as a tool in the creative process of the authors, in this case it is necessary to include in the agreement a clause on the developer's rights to use third-party technologies, tools, etc. in the process of software development at its own discretion or by agreement with the customer.

In this case, it is legitimate to specify in the agreement a condition of guaranteeing the legal purity of the developed software.

A recording of the roundtable is available at this link.

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Photo: NCIP