“Artificial Intelligence”: Problems of Civil Law Qualification

Abstract

Based on the civil law research methodology, the paper provides an insight into theconcept of “artificial intelligence”, its legal nature and peculiarities of transactions.The subject of research is the underlying doctrine, legal provisions on “artificialintelligence” and their enforcement practices. The research purports to lay atheoretical groundwork for the concept of “artificial intelligence” as a complex thingat law whose structure may comprise a variety of intellectual assets. The applicablecivil law regime — specifics of formalization of the underlying relationships — isdetermined by the legal nature of “artificial intelligence” as an ideal phenomenon.In view of the complex nature of the object in question, the structural system andcomparative law methods were used in the paper. In fact, the use of the structuralsystem method allowed not only to analyze “artificial intelligence” as a complexstructure but also to identify computer software as its core structural element. Thecomparative law method enabled to develop an idea of regulatory mechanism for“artificial intelligence” as well as to demonstrate the specifics of interpretation of theapplicable provisions of intellectual property law. The paper also makes use of specialmethods of inquiry such as the logical and formal methods, with the latter allowingto define the concept of “artificial intelligence” and discuss its core legal features.As a methodological peculiarity, the study combines the theoretical and empiricallevels of cognition. The use of the methods mentioned allowed to explore raisedlegal issues of “artificial intelligence” as they relate to the foundations of civil law.It is concluded that the main frequently used contractual arrangements to disposeof the exclusive right to “artificial intelligence” include the exclusive right transferagreement and the licensing agreement. The paper provides an analysis why anexception from the general rules applicable to exclusive right transfer agreementsand licensing agreements were made for “artificial intelligence”.