Duomenų gavybos studijų programos baigiamasis magistro darbas Baigiamajame magistro darbe nagrin÷jamos gų pletros tendencijos ir strategijos. HERITAGE? Magistro baigiamasis darbas. Teisės vientisųjų studijų programa, valstybinis kodas S Vadovas (-ė) Prof. Julija Kiršienė ______ _____. Magistro baigiamasis darbas. Socialinės ir politinės kritikos programa, valstybinis kodas L Politikos mokslų studijų kryptis. Vadovas.
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The first chapter of this thesis reviews artificial intelligence system development, distinguishes conscious artificial intelligence system that is capable of performing intellectual activity autonomously. Also, it ascertains that current regulation does not cover artificial intelligence system in relation to intellectual property law, which evokes legal uncertainty thereof. The second chapter of this work reviews patentability and copyrightability criteria, as well as requirements for acquiring the ownership of intellectual property object.
The general rule for acquiring intellectual property ownership is established, that it belongs to a person who created it. Furthermore, it is determined that only patentable or copyrightable objects are eligible to be owned, otherwise they would be public domains. In order to ascertain whether intellectual property created by conscious artificial intelligence system is patentable or copyrightable, case study methodology was performed in the third chapter of this thesis. From the preceding research, it was established that an object created by conscious artificial intelligence system is eligible for intellectual property protection.
The fourth chapter of this work determines who owns intellectual property created by conscious artificial intelligence system. Whereas the results from the whole analysis in this work allowed to properly designate the owner of such object thus providing appropriate solutions to obviate legal uncertainty regarding this issue.
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Therefore, the purpose of this thesis is achieved. The use of artificial intelligence system is substantially increasing in everyday lives. For this reason, it invokes the urge to anticipate consequences and adequately prepare legal regulation for it. Considering intellectual property regulation, it would be arduous to determine the owner of an object created by conscious artificial intelligence system and it would spark intense discussions, due to the above-mentioned capabilities of such system to operate.
The complexity of ownership designation is derived because conscious artificial intelligence system, the creator of an object, is not a legal entity. Furthermore, it might be presumed that the output of the system would be acquired by the owner of that system. This presumption is supported by the principle of accession which briefly designates ownership of a new object to the owner of creator of the new object. However, current regulations are not compatible handling such case regarding allocating ownership of intellectual property created by conscious artificial intelligence system, which is a matter of time when it leads to the courts.
This indicates the novelty of this thesis. It is noteworthy that artificial intelligence system is already capable of creating intellectual property.
It is being installed into more devices due to rapid technological development, therefore it is becoming easier to obtain. Kelley, Review of Consciousness and the Possibility of Conscious Robots, Journal of aerospace computing, information, and communication Vol. The issue of this thesis is within legal uncertainty whether an intellectual property, created by conscious artificial intelligence system, belongs to the owner of that system.
Moreover, the hypothesis is that the owner of conscious artificial intelligence system holds the ownership of intellectual property created by that system. The purpose of this master thesis is to determine the content of ownership rights in intellectual property created by conscious artificial intelligence system thus providing the policy guidelines for the development of the new regulatory framework to adapt emerging innovations.
To reach the above-mentioned purpose of this thesis, the objectives are established: Research methods used in this thesis. For objectives to be achieved, on artificial intelligence development and the content of intellectual property research, the historical method was used. Also, the comparative method was used to ascertain regulation of artificial intelligence system and to review both patentability and copyrightability criteria.
What is more, throughout whole work systematic analysis, logical analysis and source analysis methods were used. In order to reach the purpose of this thesis, it had to be established whether intellectual property created by conscious artificial intelligence system, is eligible to be protected by intellectual property safeguard.
Therefore, single case study method was used. Such method selection process and its reasoning were extensively described in the third chapter of this thesis. In the first section of this chapter, it will be discussed development origins and potential of artificial intelligence system while defining types of it. In the second section of this chapter, it will be analysed legal regulation and legal capacity perspectives of artificial intelligence system.
Hereby, in this chapter, the first objective of this thesis review the artificial intelligence system development trends, types and legal response thereof will be accomplished Development trends and types of artificial intelligence system In this section retrospective and forthcoming progress of artificial intelligence system development is being reviewed while distinguishing it into two types by the capability to operate.
Additionally, the concept of artificial intelligence will be established by analysing scholars studies. In several decades, the progress of 20 th century will be reached multiple times in a year or even in less than a month, and approximately progress of the 20 th century will be achieved times in the 21 st century. Machine Consciousness 75 Definition of artificial intelligence system is distinguished differently by various authors.
First of all, intelligence itself is mental ability which inter alia includes capability to reason, plan, solve problems, think abstractly, comprehend complex ideas, learn quickly, and learn from experience. Yet, current artificial intelligence system is still behind human-level intelligence. Anja Oskamp, Arno R. Lodder, p Uriah Kriegel, Consciousness: Nilsson, The Quest for Artificial Intelligence: Such system also requires constant training to improve its performance due to its ability to learn from experience, therefore the user of this system shall constantly pass on the feedback about the appropriate and inappropriate outcome to the system in pursuance of setting the range for the behavior.
Currently weak artificial intelligence system is used in vast variety of devices and programs due to its capability to perform specific, clearly described tasks. This system is still quite simple, although it has the capacity of performing everything that demands thinking, on the other hand, it is still insufficient enough to exercise tasks that people or animals do without thinking.
Therefore, artificial intelligence system that contains consciousness can be equated to human beings.
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Potential of conscious artificial intelligent system is to operate indistinguishably from a human being, for instance, understand images, differentiate facial expressions, control machines and other abilities that human beings can perform. Shane Legg, p See note Conscious artificial intelligence has cognitive ability to acquire vast scope of knowledge and skills not through installed algorithms, but through learning. Because of preceding conscious artificial intelligence system capabilities, compared to other intelligent beings conscious artificial intelligence system can cope sufficiently well in challenging environments due to its ability to adequately estimate situations.
With the above in mind, it may be concluded that conscious artificial intelligence will be able to operate without human intervention, reason its actions, solve issues, abstract, acquire abilities through learning, generate novel and original ideas, therefore, create objects that are protected by intellectual property protection and deal with other legal entities without any human interference, because it will be capable of operating as a human being Regulation of artificial intelligence system Current regulation, the need for additional regulation and the perspectives of artificial intelligence system s legal capacity is being analysed in this section.
Moreover, several legal systems will be compared in order to particularise the issue in regulation regarding artificial intelligence system and to formulate possible frameworks thereof. Considering aforementioned rapid development of artificial intelligence system and its potential to operate identical to a human being, for instance, the ability to reason about itself, solve issues, create novel and original objects and deal with other legal entities, it is rather inconvenient to encounter a lack of regulation.
Therefore, there is a substantial urge to fill the lack of regulation of 35 Peter Voss, Essentials of general intelligence: Ben Goertzel, et al. Shane Legg, Marcus Hutter. Peter Voss, p See note Shane Legg, p Nick Bostrom, How long before superintelligence?
This will be discussed further while baigiakasis capability for the system to become a legal entity. Current regulation regarding artificial intelligence system and intellectual property relation will be compared further.
Since Berne Convention does not specify the author 41, it is up to the countries to issue their own regulation whether to consider artificial intelligence system as an author.
For the comparison, in United States intellectual property regulations, artificial intelligence system authorship is not specified, however it does not restrict non-humans to be granted authorship 42, however in practice, it is considered contrary.
Whereas conscious artificial intelligence system that is capable of operating independently from human interference, bqigiamasis regulation is not clear. All of this briefly defines that current legislation in various countries does not significantly differ artificial intelligence system and intellectual property relation is not regulated. Although, United Kingdom has more artificial intelligence friendly legal environment than other countries, yet there is still a lack of regulation regarding this issue, especially relating to conscious artificial intelligence system.
Furthermore, the research of artificial intelligence system examines both: Scholars analyse legal questions regarding conscious artificial intelligence system on topics such as privacy, intellectual property law, identity, whether it is capable acting autonomously, legal status biagiamasis it and others.
Copyright actarticle Ralph D. Tulane Law Review Vol.
VIIIarticle 2, section U. Copyright, Designs and Patents Actarticle 9 3. Therefore, when artificial intelligence system becomes conscious and develops cognitive thinking, adapts general idea of law, economy and social behaviour, subsequently it might be categorised as legal entity.
Baigiamqsis, current regulation of artificial intelligence system is quite poor, which is why legal inconveniences such as ownership of intellectual property created by conscious artificial intelligence system rises.
darbs In order to moderate such inconveniences, it is rather important to improve legislation including determining conscious artificial intelligence as a legal entity. Madeleine de Cock Buning, et baigiamasiis.
In the first section of this chapter, it will be summarised the concept of intellectual property and distinguished different types of it. The second section of this chapter is about the industrial property protection and darbqs allocation of such object ownership. In the third section of this chapter, copyrightability and the requirements to allocate ownership of copyright object is ascertained.
Afterwards, the content of intellectual property ownership rights will be reviewed and the second objective of this thesis will be approached Conception and types of intellectual property protection Intellectual property law influences growth, development and competitiveness.
VYTAUTO DIDŽIOJO UNIVERSITETAS. Mantvydas Rapkauskas. Magistro baigiamasis darbas
As one of the major merits of this protection is dzrbas it provides legal expression of creator s baigixmasis and prevents creator s works from unauthorised usage and dissemination which encourages fair trading that contributes to economic and social development.
Therefore, intellectual property objects are increasing vastly. Historically speaking, copyright, industrial property, trademarks and others were separate terms. Intellectual property is a work of literature, scientific, industrial and artistic activity that is created through intellectual activity. Furthermore, intellectual property law provides juridical protection to an object in order to indicate an incentive for creators and grants moral rights to it.
Therefore, the main benefit of intellectual property law is to ensure statutory safeguard for creators 52 United Nations Economic Commission for Europe, Intellectual property Commercialization: Briefly, industrial property includes scientific inventions, baiviamasis designs, trademarks, geographic names and others. In Magistrro Kingdom copyright consist of original artistic works such as literary, music, sound recordings, drama, films, broadcasts, typography of published editions.
Industrial property and copyright, despite their disparity of effect, provide their holder a right to exclude others from using protected asset. Criteria for granting those rights and ownership of its objects will be discussed in following sections of this chapter Determination of industrial property ownership Industrial property baigiammasis ownership will be determined in this section.
Before doing so, it is necessary defining criteria for object to be secured by industrial property protection and stipulate whether object created by artificial intelligence system conforms baigimaasis criteria. Moreover, since industrial property subsists of variety of objects with different criteria for protection baigizmasis be granted, analysing every type of it would be redundant and a surplus, whereas analysis of patentability will sufficiently expose the issue as whole industrial property in this bakgiamasis.
In the previous section, industrial property objects were defined, one of them is patent which protection is provided to the invention that meets established criteria. These criteria specified in national legislation and supranational conventions. It is established that any invention in technical field is patentable if it is new, involves an inventive step non-obvious and is capable of industrial application useful. Copyright, designs and patents act, chapter See note Copyright act, article See note Therefore, the general rule states that an object can be patentable if it is novel, useful and non-obvious.