BRIEF ASSESSMENTS ON LEGAL PERSONALITY AND LIABILITY

a discussion between artificial intelligence technologies in patents

Resumo

Sistema de informação de marketing; Bibliotecas; ServiçosBriefly, the research was based in an interdisciplinary approach about the legal ethics involved in the Digital Era, especially concerning the use of Artificial Intelligence in patents' development and rights as a contour; Moreover, the studies encompasseda view on the liability issue, within the broad framework of Contractual Law and licensing. Further, the research addressed the different theories and perspectives on legal capacity, private law, and personality rights, illustratingthe theoretical justice concept to substantiate/underlie the ethical problematics arising from the use of AI. Therefore, this research work encompassed the advantages and disadvantages involved in the Artificial Intelligence scenario, demonstrating the enhanced performance and outcomes in the industrial property area, accordingly to business practices and techniques, and ethical parameters that should be pursued by the society, to develop a transparent, reliable, trustworthy and explainable use of Artificial Intelligence as a tool especially related to the patent system. Besides, the studies summarily approached the regulatory aspects and legislative policies of AI in the International and European contexts, providing a comparative law picture. Consequently, to achieve this multidisciplinary endeavor, a perspective also centered on data analysis had to be applied, employing mainly the functional method and schemes, with the purpose of better addressing the use of AI in intellectual property and its consequences. Furthermore, it was presented a small introduction to the relevant concepts of the scenario of AI, as well as the readers will find the contextualization of some other concepts throughout this work; later on, it was introduced –and necessarily criticized—the idea of an obligatory insurance scheme for these artificial intelligence technologies to be “pursued” by the AI developers and companies; Further, the work tried to approach some ethical, transparency and legal issues involved in this problematic subject, and to achievethis, some comments about the contractual framework and labor changes were encompassed here, in order to reach the main conclusion of the use of AI as a tool to help the “ delivery” of innovations and improvement of the Patent system as a whole; Regarding the limitations of the present work, since the theme is being very discussed amongst all the related areas, the goal was to address the key and top legal points of civil liability and ethical problems, with their basics notions; therefore, a lot of further ideas could be elaborated and carved.Keywords: patentes; artificial intelligence; civil liability; ethics.