Transformation of intellectual property rights protection in the age of artificial intelligence: challenges for Ukrainian researchers and scientific institutions

The article presents a comprehensive analysis of the transformation of the intellectual property rights protection system in the context of advancing artificial intelligence technologies, with a particular focus on the challenges faced by Ukrainian researchers and scientific institutions, as well as the potential for adapting successful EU experiences. The relevance of this research is driven by several factors. Firstly, the increase in data volumes and computing power has facilitated new approaches in science, where AI plays a crucial role in analysing and interpreting results. Secondly, traditional intellectual property protection mechanisms are proving inadequate as AI algorithms independently generate new knowledge. Thirdly, Ukraine’s integration into the European research area necessitates the harmonization of intellectual property protection approaches, considering the specificities of AI usage. The current state of AI utilization in scientific research is analysed, including the automation of data collection and analysis, the acceleration of scientific discoveries, and the evolving role of researchers. Key risks to intellectual property rights protection are identified, particularly concerning authorship issues related to works created with the assistance of artificial intelligence, difficulties in tracking original sources, and the risks of unauthorized use of scientific data. Special attention is given to analysing the European regulatory experience regarding AI use, particularly the provisions of new EU legislation in the field of AI and its significance for safeguarding researchers’ rights. A comprehensive approach to addressing the identified issues is proposed, incorporating both legal mechanisms (harmonization of legislation with EU norms) and technological solutions for protecting researchers’ rights. Such solutions may include blockchain technologies, digital rights management systems, and plagiarism detection tools. Ensuring a balance between the principles of open science and the protection of intellectual property rights is an essential task. This can be achieved through the implementation of flexible licensing models and the use of AI technologies to monitor compliance with rights. It is recommended that the use of AI in scientific research be explicitly noted in the methodology, and that all data generated by artificial intelligence undergo thorough verification.