Artificial Intelligence and the Right to Property
Tomada Letizia, Xenidis Raphaële · Oxford University Press eBooks · 2023
Abstract In the era of fast-developing artificial intelligence (AI) technologies, the tension between proprietary rights and transparency requirements represents a key regulatory issue. The legislator has to some extent acknowledged the need of achieving a balanced interplay between safeguarding intellectual property rights (IPRs) and ensuring transparency. Yet, the currently applicable legal framework presents challenges of implementation and limitations, which deserve particular attention. In this chapter, stemming from the underpinnings of the right to property, first, an examination is presented of the several means of intellectual property (IP) protection for AI, including in particular patents, copyright, and trade secrets. The chapter then highlights the extent to which property rights may collide with the need to open the AI ‘black box’ to guarantee transparency, explainability, and to safeguard related rights. Finally, current regulatory solutions capable of mitigating those clashes are analysed with a view towards proposing directions aimed at achieving more balance between the rights involved.