Sui Generis Intellectual Property Protection for Works Generated by AI Systems

The cutting-edge artificial intelligence systems often demonstrate abilities that seemingly supersede the abilities of human beings. This fact prompts the question of how the works generated by artificial intelligence systemsArtificial intelligence should be treated from the intellectual property law perspective. The chapter opens with the analysis of the phenomenon of artificial intelligence, looking into the history of this notion and comparing it to the human intelligence. Based on the analysis of the different theories of intellectual property law, the protection of investments made into the development of artificial intelligence systems seems to be the most appropriate rationale for granting exclusive rights with respect to artificial intelligence. In its final part, the chapter examines different forms of intellectual property protection estimating their suitability for the protection of works generated by artificial intelligence: copyright, patent, related rights, EU database right, as well as a sui generis right created specifically for artificial intelligence systems.