Legal Regulation of the Creation of Intellectual Property Using Artificial Intelligence: A Comparative Legal Perspective

The paper presents a comparative legal study of approaches to defining the legal regime for intellectual property created with the use of artificial intelligence technologies. It analyses the legislation and law-enforcement practice of states belonging to the continental and Anglo-American legal systems, as well as selected Asian jurisdictions, with regard to the definition of the author figure and the criteria for the protectability of such objects. The study concludes that differences in the legislative constructions of authorship do not decisively affect the resolution of the issue of granting legal protection to results created using artificial intelligence. Regardless of the specifics of national regulation, the provision of legal protection for objects created with the use of AI technologies is linked to the presence of human creative contribution in their creation. The author finds that objects fully generated by AI technologies without any human creative input are, as a general rule, not recognized as protectable results of intellectual activity. Conversely, the use of AI technologies as a technical tool in the course of human creative activity does not preclude the emergence of intellectual property rights in the resulting output.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2026-11-01
DOI
https://doi.org/10.17803/1994-1471.2026.191.10.113-123
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

Legal Regulation of the Creation of Intellectual Property Using Artificial Intelligence: A Comparative Legal Perspective

Ekaterina Vladimirovna Giulbasarova
Actual Problems of Russian Law
Law, AI, and Intellectual Property
article

Legal Regulation of the Creation of Intellectual Property Using Artificial Intelligence: A Comparative Legal Perspective

Ekaterina Vladimirovna Giulbasarova
article en

Abstract

The paper presents a comparative legal study of approaches to defining the legal regime for intellectual property created with the use of artificial intelligence technologies. It analyses the legislation and law-enforcement practice of states belonging to the continental and Anglo-American legal systems, as well as selected Asian jurisdictions, with regard to the definition of the author figure and the criteria for the protectability of such objects. The study concludes that differences in the legislative constructions of authorship do not decisively affect the resolution of the issue of granting legal protection to results created using artificial intelligence. Regardless of the specifics of national regulation, the provision of legal protection for objects created with the use of AI technologies is linked to the presence of human creative contribution in their creation. The author finds that objects fully generated by AI technologies without any human creative input are, as a general rule, not recognized as protectable results of intellectual activity. Conversely, the use of AI technologies as a technical tool in the course of human creative activity does not preclude the emergence of intellectual property rights in the resulting output.

Actual Problems of Russian LawVol. 21(10)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 13%
Law, AI, and Intellectual Property
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Legal Regulation of the Creation of Intellectual Property Using Artificial Intelligence: A Comparative Legal Perspective — Ekaterina Vladimirovna Giulbasarova · Actual Problems of Russian Law (2026) | TGRS Research Map | TGRS