Protección jurídica de los productos de la inteligencia artificial en el sistema de propiedad intelectual

Abstract

Traditionally for “copyright”, “author” is the person who creates an original work, from the moment of its creation, without the need for registration or formalities. This special regime is constitutionally protected in various legal systems. On the other hand, today there are artificial intelligence algorithms that, “autonomously”, can create what could be considered works of the spirit if they were carried out by human beings. However, under the current conceptions, ownership of copyrights on products made by “non-humans” could not be attributed. Hence, the objective of this work is to determine, from the analysis of Chilean law (with some refe-rences to comparative law) whether the constitutional mandate to protect intellectual property implies that said ownership should be recognized or, failing that, that new intellectual rights should be created for artificial intelligence products.