AI as a violator of patent rights: determining liability
|Year of publication
|Article in Periodical
|Magazine / Source
|Jusletter IT. Die Zeitschrift für IT und Recht
|MU Faculty or unit
|Artificial Intelligence (AI); Intellectual Property Rights; Liability; Patent Infringement
|Due to the quick technological progress the AI which is capable of autonomous decision-making is becoming more prevalent. As AI is now capable of self-learning, the legal system needs to address the questions previously not considered. One of such questions is the potential of self-learning AI to develop in such a way that it infringes on IPR, including potential patent infringement. This infringement does not have to be foreseeable by any human involved in the making and using the AI, therefore sometimes, there will be no human to provide compensation. Without any laws or standards in place applicable to AI directly, current liability rules need to be changed to address this challenge.