Newsletter Edition 18 - September 2020


Robotic rights in the world of Artificial Intelligence

There is still no legal framework regarding the Intellectual Property of the creations and inventions made by Artificial Intelligence. The conclusion is from the judge of the Federal Regional Court of the 2nd Region (TRF2) and auxiliary of the Supreme Federal Court (STF), Caroline Tauk, and lawyer Eduardo Magrani, president of the National Data Protection Institute, the speakers of the webinar held on September 25th on “Artificial Intelligence – Great Controversies”, Promoted by ABPI and moderated by lawyer Filipe Fonteles Cabral. “Wouldn’t it be suitable to discuss our legislation to admit that an AI system can be the author of creations?”, argued Judge Caroline Tauk. “Today we do not have machines with such a high degree of autonomy to deserve a new legal personality”, added Magrani.

Judge Caroline Tauk discussed ownership of the creations and inventions produced by machine learning. She cited the example of two research projects by Surrey University in England – a food container and a warning light. The inventions, generated by an AI system called Dabus, had their patent denied by the USPTO – United States Patent and Trademark Office and the EPO – European Patent Office with the argument that only natural persons can hold a patent. “The main issue is what does autonomous creation in an AI system means”, says judge Caroline Tauk.

When addressing the theme “Artificial Intelligence Regulation Initiatives”, Magrani envisioned a cyber-future, in which humans and machines will share tasks. “It is necessary to end the vision of rivalry with the machines, as we are going to lose this battle”, he said. “Yes, robots will be more intelligent than humans to perform specific tasks”. For him, with the advance of AI, contemporary law, with a “humanist, 18th-century” matrix, will have to be updated. “Enlightenment law, which can only see people as superior to all species, is already late to recognize the right of animals, and now it will have to understand when the talking is about robotic rights and electronic personality”, he added.

You can watch the complete webinar on ABPI’s channel on YouTube: