Artificial Intelligence: problems of civil law qualification

The article analyzes the features of inheritance of exclusive rights to works and phonograms as the results of intellectual activity belonging to the testator. The author points out the difficulties that arise when proving by the heirs the fact of the inclusion of copyright and related rights in the mass of the succession and their volume since exclusive rights to such objects are not subject to registration. The author cites as an example the alienation by heirs of rights in respect of musical works, the exclusive rights to which belonged to the testator, provided that the heirs did not know that the testator, as the right holder, during his lifetime, such rights had already been alienated in favor of third parties (for example, on the basis of a license agreement on the rights of an exclusive license) that as a result, it generates a transaction of heirs for the disposal of intellectual property rights that do not belong to the heirs, that is, an insignificant transaction. At the same time, there is no bad faith on the part of the heirs when making such an insignificant transaction. The author concludes that the protection of the rights of heirs will be facilitated by the establishment of a presumption of ownership of copyrights to the results of intellectual activity to heirs in relation to the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law. At the same time, the existence of any restriction in the use of exclusive rights to the results of intellectual activity must be proved to third parties to whom exclusive or non-exclusive rights to the corresponding result of intellectual activity were transferred by the testator based on relevant contracts. The above, therefore, will lead to the ordering and accounting of contracts on the transfer of rights to such results of intellectual activity in order to avoid proving by the acquirer of such rights under the contract in court each time the fact of alienation of his rights by the right holder. It is concluded that when establishing the presumption of ownership of copyrights to the results of intellectual activity to heirs in respect of the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law, to persons to whom the rights to the relevant objects were transferred by the testator during his lifetime on the basis of transactions on the disposal of such rights, the burden of proving the ownership of such rights will be assigned to the acquirer, to which it will be necessary to challenge the rights of the heirs in respect of the relevant works, however, in order to avoid a plurality of lawsuits by third parties to challenge transactions on the disposal of copyright and related rights concluded by the heirs in respect of the same amount of intellectual property rights that the testator did not have at the time of death due to their alienation to third parties, it seems most appropriate to file the right holder of the claim at the place of the opening of the inheritance to the heirs on the exclusion of rights to specific works, phonograms from the inheritance.

In the last few decades, issues related to the legal regulation of genetic research and the legal regime of genetic information derived from it have become particularly relevant both at the international level and at the level of individual countries. However, Russia has only recently come to realize the need for legislative regulation of the relevant relations. At the same time, a distinctive feature of such regulation is the emphasis on public-legal aspects, and civil-legal aspects have been left without due attention.The distinction between genetic information and genetic data is essential for the determination of the civil law regime of genetic information. Genetic information is personified genetic (genomic) information (information), because it has an individual, personal character as relating directly or indirectly to a particular or identifiable person. Genetic data is non-personalized (anonymized) genetic data, which are characterized by a formalized species, often contained in the information system and in this regard — systematized. Genetic information is an element of such an intangible good as the secret of private life, genetic data are, as a rule, an element of such a result of intellectual activity as a database. In addition, it is concluded that there is no doctrinal or legislative basis for the recognition of genetic information as an independent object of civil rights. The necessity of additional legislative regulation of activity of the biobanks carrying out storage of biomaterials, respectively, genetic data is proved. Genetic information contained in such biobanks should be subject to the legal regime of privacy.

Big data has significant potential value at the present stage, but its civil law regime remains uncertain. Today, big data technologies are inextricably linked with artificial intelligence technologies. In addition, it is impossible to determine the specifics of the legal regulation of the studied relations without solving such an aspect of the problem as the protection of personal non-property rights, since it is information about a person, their preferences, their personal data that acquires independent significance. Difficulties in identifying the features of big data as an object of civil rights are due to the fact that they include not only various types of information, but also technological solutions aimed at its collection, storage, processing and analysis. Based on the conducted research of regulatory sources, judicial practice and doctrine, it can be concluded that the exercise and protection of rights to big data is possible within the framework of relations developing over the results of intellectual activity, in connection with which the use of information included in big data and its processing can be carried out on the basis of license agreements with the copyright holder. If the information obtained as a result of the use of big data technologies is transmitted on the basis of the analysis of the information contained in them, then we can talk about the conclusion of a contract for the provision of services for the provision of information. When determining the civil law regime of big data, it is necessary to maintain a balance of public and private interests. When exercising the rights to big data, the rightholder must respect the personal non[1]property rights of persons whose information eventually forms a large amount of data, including ensuring the confidentiality of personal data, and in case of their dissemination, obtain the consent of the user in accordance with the procedure established by law.

The paper discusses the features of three-dimensional printing and the innovations that it brought to the field of copyright, industrial property rights, in particular industrial design, and means of individualization. The concept and some features of three-dimensional printing technology are disclosed. The author studies the exclusive rights to which results of intellectual activity can be violated when using the technology of three-dimensional printing. It is concluded that exclusive rights to an industrial design, trademarks, and to copyright may be violated. The author investigates the actions that will not constitute a violation of the exclusive right to the considered results of intellectual activity. It is concluded that not every action would constitute a violation of exclusive rights, in particular, this applies to the use of a trademark for purposes not related to the introduction of goods into circulation; use of industrial design for purposes not related to the implementation of entrepreneurial or other income-generating activities.

In accordance with the Civil code of the Russian Federation, a research paper is the result of intellectual activity, which is provided with state protection. The author of the research paper owns the right of authorship, the right to a name and other non-property rights. If the paper is created within the framework of the authors' implementation of their official duties, the exclusive right to the paper belongs to the employer. With the consent of the employer, the author concludes a license agreement with the publisher for the publication of the paper on the terms proposed by the publisher. Signing of the license agreement does not entail the transfer of the exclusive right to the publisher. Even if the employer has instructed the author to enter into a copyright agreement with the publisher under an exclusive license, the employer reserves the right to use the work, including the right to publish the work on its website. The author (copyright holder) always retains the right to create derivative works. Often imposed by the publisher terms of the license agreement, limiting the author's right to create works on the basis of previously published articles, have no legal force. The publication by the author of derivative works containing fragments of the author's previous paper should not be considered as a violation of publishing ethics. The term "self-plagiarism" is incorrect. The Civil code of the Russian Federation establishes a simple (non-exclusive) license that allows several publishers to publish an article without its processing. The publication of article in several editions — this is one of the legal ways of realization of the rights of the author (copyright holder) on a wide publication of a work.

In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights. Some provisions of the article are devoted to the analysis of intellectual property rights with the institute of non-contractual obligations. Often, the creation of intellectual property objects is the subject of competitive obligations, and copyright holders may be harmed as a result of torts. Exclusive rights also act as the subject of inheritance and inheritance law, exclusive rights can be the subject of hereditary legal relations, which is also reflected in the content of the article. The issues of interaction of intellectual property law with private international law are touched upon, since intellectual property law is one of the institutions of private international law, which provides for conflict-of-laws regulation of relations complicated by a foreign element [1]. The uniqueness of intellectual property rights is also manifested in connection with labor law, since the subject of interaction is relations regarding official works and inventions, which, as a rule, are determined by an employment contract, but require compliance with special legislation of the Republic of Kazakhstan [1]. The article analyzes the interaction of intellectual property law with family law, since exclusive rights and intellectual property objects, being property, can be the subject of family legal relations.

The article discusses the issues of the modern development of the system of objects of civil rights under the influence of innovative technologies. The article studies the question of the meaning of definition and the list of objects of civil rights. The author reasons the understanding of the object of civil rights as goods. The article analyses changes to the list of objects of civil rights in connection with the exclusion of information from it and the inclusion of intellectual property and “white” digital objects. The article sequentially analyses the current situation of objects that could potentially become objects of civil rights in the future – “gray” digital objects, personal data and objects of somatic rights.

Russia is a subject of international intellectual property rights protection. It is a territory of exclusive rights to the results of intellectual activity established by international treaties and federal laws are valid. However after beginning of a special military operation and sanctions pressure, the question about correction of the Russian system of intellectual property rights protection in relation to unfriendly countries has become more relevant. Сonsolidation of national security and increasing the country’s technological independence are not always compatible with the principles of protecting the rights of foreign copyright holders that remain in Russian legislation. The state protects domestic producers from foreign copyright holders, and legalizes parallel import. But these mechanisms do not work in full force due to the fact that Russian courts actually continue to protect the right of unfriendly countries to intellectual property in equal volume with Russian copyright holders. This article proposes to consider some measures to protect the rights and interests of the Russian Federation, its citizens and entrepreneurs, including the revision of Russia’s international obligations in the field of intellectual property and the formation of new law enforcement and judicial practice. Also the process of sovereignization of the Russian model of intellectual property rights protection we can see the development of modern technologies with affects of creating the results of intellectual activity and the methods of legal protection of its results. Thus, the achievement of the goals of state policy in the field of intellectual property is also possible by introducing new digital technologies into the state regulation of intellectual property at the federal and regional levels.

The subject of this study is the norms of Spanish and Argentine civil law on objects of civil rights, which are things (cosas), property (propiedad) and objects of the “patrimonio” category, which have no analogue in Russian civil legislation. A distinctive feature of Spanish law is an open list of limited proprietary rights. Russian legislation contains a legal category of objects of civil rights, the content of which in terms of the ratio of legal categories of things, property and property rights is extremely ambiguous, in addition, the nature of the fixed list of property rights (open or closed) is also the subject of discussion. The civil legislation of Argentina provides a way to define an object of the material world as an object of civil rights without specifically specifying the norms of current legislation. It seems that this method will significantly facilitate the emergence of new civil rights not provided for by law, for example, digital or virtual objects. Moreover, Russian private international law is characterized by the problem of distinguishing between real and binding statutes. In any case, the legal regime of a thing is largely determined by the law of its location. The assets of the Russian Federation (its subjects) located on the territory of Spain can represent both property and obligation rights, which directly affects the extension of the principle of jurisdictional immunity to them.

In this study, it was aimed to investigate the change in the conceptual understanding of "artificial intelligence". For this purpose, the determination of the metaphors related to the concept of artificial intelligence in the stages before and after watching the artificial intelligence-themed computer-aided animation developed within the scope of the study, and the assessment of change between them constituted the research problem. During the 2021-2022 academic year 39 Information Technologies (IT) teachers and 103 fifth grade students studying in a secondary school in Nilüfer District of Bursa participated in this study. A phenomenological design pattern was adopted throughout the research. In the first stage of the study, many concepts were revealed as a result of the questionnaire applied to determine the concepts that were difficult to teach by IT teachers, and among them the concept of "artificial intelligence" was determined. In the second stage of the study, students were asked to complete the statement "Artificial intelligence is like … because ..." to determine the metaphorical perceptions on the concept of artificial intelligence. Based on the themes obtained from the metaphor results, computer-aided animation on the concept of artificial intelligence was developed by the researchers. After the animation demonstration to students, the metaphorical data collection process was repeated and it was attempted to determine the change in the students' understanding of the concept of artificial intelligence. As a result of the study, although the conceptual categories regarding artificial intelligence generally had similar characteristics, it was observed that the justifications in the post-animation conceptual perceptions were more meaningful.

W artykule przeanalizowano cywilno-prawne aspekty systemu prawnego dotyczącego sztucznej inteligencji. Autor uważa, że postrzeganie robota i sztucznej inteligencji jako podmiotów stosunków cywilnoprawnych jest niewłaściwe i może prowadzić do sytuacji niepewności prawnej. Stosowanie pojęcia “osoba elektroniczna” w aktach normatywnych UE wydaje się nierozsądne i przedwczesne, gdyż rozszerzenie tego pojęcia na całe prawo nie zapewnia całościowego zastępstwa prawnego w sprawach dotyczących ich statusu prawnego, odpowiedzialności cywilnej, ochrony praw użytkowników czy ochrony danych. Uważa się, że wskazane jest postrzeganie robotyki i sztucznej inteligencji jako przedmiotów praw obywatelskich. Proponuje się zastosowanie w odniesieniu do sztucznej inteligencji systemu prawnego dotyczącego źródeł wysokiego ryzyka, który stosuje się w dziedzinach takich jak medycyna czy administracja publiczna w celu skuteczniejszej ochrony praw użytkowników technologii sztucznej inteligencji. W przypadku odpowiedzialności cywilnej należy przestrzegać zasady proporcjonalności: im wyższe ryzyko szkody, tym wyższy wymiar odpowiedzialności.

Artificial intelligence (AI), which includes machine learning and deep learning has been introduced to nursing care in recent years. The present study reviews the following topics: the concepts of AI, machine learning, and deep learning; examples of AI-based nursing research; the necessity of education on AI in nursing schools; and the areas of nursing care where AI is useful. AI refers to an intelligent system consisting not of a human, but a machine. Machine learning refers to computers’ ability to learn without being explicitly programmed. Deep learning is a subset of machine learning that uses artificial neural networks consisting of multiple hidden layers. It is suggested that the educational curriculum should include big data, the concept of AI, algorithms and models of machine learning, the model of deep learning, and coding practice. The standard curriculum should be organized by the nursing society. An example of an area of nursing care where AI is useful is prenatal nursing interventions based on pregnant women’s nursing records and AI-based prediction of the risk of delivery according to pregnant women’s age. Nurses should be able to cope with the rapidly developing environment of nursing care influenced by AI and should understand how to apply AI in their field. It is time for Korean nurses to take steps to become familiar with AI in their research, education, and practice.

The article aims to define the legal nature and characteristics of a share in the authorized capital of a business entity as a specific object of property and contractual rights. The relevance of the research topic is because the analysis of Ukrainian corporate legislation does not provide a direct answer to the question of what the object of corporate investment is, and this creates difficulties in understanding both the essence and structure of legal relations arising from a person’s contribution to the charter capital of a business entity. Even though corporate relations have specifics, they are civil relations and should be considered within the framework of established civil law structures. The object of legal relations is a necessary element of the structure of legal relations. The objects of legal relations in which a person acquires a share in the charter capital of a legal entity and corporate rights instead of a contribution are a contribution (property) owned by a participant based on a right in rem (usually based on ownership), a share in the charter capital and corporate rights. A share in the charter capital of a business entity is a specific object in the field of property and contract law, which necessitates a special legal regime for it. The authors conclude that it is a share in the charter capital of a business entity that is the object of civil rights. The specificity of this object is determined by the fact that a share is a tradable property proper, which allows it to be an object of property rights and a subject matter of contract law. In property law, a share in the charter capital belongs to the shareholder who has contributed to the charter capital of a business entity. If a shareholder of a business entity is married and has contributed at the expense of the marital property, the share in the charter capital belongs to the spouses based on the right of joint ownership. Understanding a share as an object of property rights provides a company participant with substantive legal mechanisms for exercising and protecting its right to a share (full powers and protection through substantive legal claims). In contract law, the specifics of a share as an object of civil rights affect the determination of the moment of transfer of ownership under a contract. In this regard, the legislation should state as a rule that the moment of transfer of ownership of a share in the authorized capital under a contract is determined by the moment of its conclusion unless otherwise provided by the contract. Keywords: share in the charter capital of a business entity, corporate rights, real law, contract law, right of joint and several ownership, remedies in rem, subject matter of a contract, object of civil rights.

Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state. The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed. Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice. Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state. The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed. Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice. Mining wastes have now acquired great economic importance, becoming a subject of civil law transactions. The issues of ownership of mining wastes as objects of civil law, despite their complex legal regime, are not regulated by the legislation of the Republic of Armenia, because of which problems arise in interpreting this issue at the theoretical level and within the framework of disputes triggering between the subsoil user and the state. The present article discusses the issues of ownership of mining wastes as objects of civil law in the legal relations of subsoil use. The basic concept of mining waste as an object of civil rights is mentioned, the subject of ownership of mining wastes, problems and gaps in national legislation concerning the exercise of powers that constitute the content of ownership rights are revealed. Further, disputes arising in law enforcement practice on the ownership of mining waste are studied and analyzed. Based on the analysis conducted in this article, proposals are presented aimed at clarifying the subject of ownership of mining waste and the moment of obtaining ownership upon mining wastes, as well as legislative regulation of the exercise of ownership rights to mining waste, which will be essential for resolving disputes arising between the subsoil user and the state in law enforcement practice.

Introduction. In the present day, the issue of fakes has evolved beyond its legal implications, encompassing socio-economic, psychological and political connotations, thus turning a threat to human rights and freedoms, transforming person’s worldview and sense of identity in a new digital world and endangering public and national interests. If the phenomenon of “fake” or digital image is integrated into the system of objects of civil rights, legal mechanisms will be capable of providing adequate protection to the fundamental values of human society. This will make it possible to identify effective strategies to protect the rights and legitimate interests of all subjects whose rights violated as a result of the subject's use of his or her digital image or the digital image of a third party. Methods. The main research method was synthesis and analysis, which helps the systematisation of civilist doctrine approaches to determining the place of digital images of a person in the system of objects of civil rights. The legal-historical method was applied to identify the legal qualification of the digital image of a person and to determine its legal nature. Results. Despite the variety of doctrinal positions, the findings of the research indicates that the point of view digital image right of a person as an intangible benefit is both well-founded and the most appropriate. Recent research has shown that the digital image of a person is a modern variation of the traditional object of civil rights as “the image of a person”, which, as a result of technological advances, has evolved into more than just a visual representation; it has become a digital copy of various personal characteristics, encompassing the forms of nonverbal communication, such as voice, specific body movements and facial expressions, specific behaviour, reactions and etc. The author concludes that digital image is an intangible benefit that can be subject to legal framework of image, taking into account its technological features and also proposes the key elements of the mechanism of legal protection.