Кафедра загальнотеоретичного правознавства та публічного права

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Browsing Кафедра загальнотеоретичного правознавства та публічного права by Author "Bohatchuk, Daria"

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    Infringement of intellectual property rights in the course of adversarial attacks on artificial intelligence systems from the perspective of European Union law
    (2024) Bohatchuk, Daria
    Artificial intelligence is having an increasing impact in many areas. At the same time, artificial intelligence systems can be targeted by socalled "adversarial attacks". Appropriate measures are needed to counter adversarial attacks on artificial intelligence, including with the help of law. The paper aims to analyze whether adversarial attacks on artificial intelligence systems constitute infringement of intellectual property rights to such systems or elements thereof. The paper focuses on copyright law, patent law, and sui generis database protection and examines how intellectual property rights can be infringed in the course of conducting adversarial attacks. It is concluded that the copying of artificial intelligence system or its parts and components (if they are copyrighted) in the course of an adversarial attack may qualify as reproduction and constitute copyright infringement if certain conditions are met. In this context, it is important to take into account that the act of reproduction committed for adversarial attack generally cannot be considered as accidental, but on the contrary, may be considered as intentional. When considering possible patent infringements in the context of adversarial attacks, in particular, the doctrine of equivalents and the principle of "exhaustion of rights" must be taken into account. The sui generis database right, which is an additional protection possibility for databases in the European Union, may also be infringed within the adversarial attacks under certain conditions. The need to include provisions on the unlawful character of adversarial attacks in the relevant legislation is determined. The provisions prohibiting adversarial attacks on artificial intelligence in the license agreements can also increase the level of legal protection of artificial intelligence systems.
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    Intellectual property law to protect artificial intelligence systems against adversarial attacks in light of the purposes of intellectual property law
    (2024) Bohatchuk, Daria
    The paper analyzes whether the application of intellectual property law as a countermeasure against adversarial attacks on the artificial intelligence systems is consistent with the purposes of the intellectual property law. In view of rapid development of artificial intelligence and growing number of domains in which artificial intelligence systems are applied, the adversarial attacks on such systems can potentially cause very harmful effects. Thus, there is a need to identify and develop countermeasures against adversarial attacks, in particular with the help of law. The issue of the possible legal measures that can be applied to counter adversarial attacks has to be considered first of all in the light of the purposes of the law. This paper is dedicated to an overview of the purposes and theories of justification of intellectual property law, in particular, copyright and patent law, which are further considered in the context of artificial intelligence and adversarial attacks. Although the theoretical foundations underlying the intellectual property system is a subject matter of debates, the purpose of incentivizing creativity and innovation could be considered as the primary purpose of intellectual property law. The author concludes that the application of intellectual property law to protect AI systems against adversarial attacks and further integration of artificial intelligence into the intellectual property law system may be conducive to achieving the purposes of this system and implementing transparency. At the same time, modern intellectual property law should be adapted to the present-day realities, including the development of artificial intelligence. This paper can serve as a basis for further research into the possibilities and expediency of the application of intellectual property law to protect artificial intelligence systems and to counter adversarial attacks on artificial intelligence.