A study on the Intellectual Property Challenges of AI-Based Algorithms in International Law

Abstract

The contribution of this paper is that it seeks to answer several legal challenges facing the intellectual property rights of products in which artificial intelligence plays a minimal or maximal role in their creation. First, if artificial intelligence can improve the underlying algorithm of the program with methods (such as machine learning methods, which will be discussed later) or if the programmer with the help of artificial intelligence can improve the underlying algorithm of the program, can artificial intelligence be granted a patent and does it include the rights of inventors? What challenges will not taking into account the role of artificial intelligence in the case of a role in the invention create? Then, it is examined whether the underlying algorithm of the program can be protected in the laws of developed countries according to copyright laws and what legal solutions, if possible, have been proposed in international law for this challenge so far? Results showed that supervised, semi-supervised, and reinforcement algorithms can be covered by copyright protection in legal systems if human creativity is observed in their algorithms and their choices completely change the model.