Reaction Paper #5:

React to the reading (not summarize it, it is react to the content).

Refer to some article/reading/video/movie that led you to develop the reaction/thoughts/opinion.

Artificial intelligence is revolutionizing the precepts of property rights, there are now artificial intelligence algorithms that "auto- nomously" are capable of creating what could be considered works of the spirit if they were made by human beings. Howe- ver, under current conceptions, copyright ownership could not be attributed to products made by "non-humans". Moreover, there are barriers to their inclusion, thus creating a legal vacuum that must be filled urgently and in a harmonized manner. Therefore, the objective of this paper is to determine, based on the analysis, whether the constitutional mandate to protect intellectual property implies that such ownership should be recognized or, alternatively, that new intellectual rights should be created for artificial intelligence products. The results presented were generated through the application of the General Problem-Solving Method based on a causal analysis by Cause-and-Effect Diagrams.

The latest technological creations lead us to reflect on where the world is going. In fact, for some time now, the technical-scientific discipline has been proposing a great global revolution: artificial intelligence (AI). Although there is no exact definition of what it means, artificial intelligence is the name given to a series of technologies with characteristics or capabilities that were previously exclusive to human intellect. The term is applied when a machine imitates the cognitive functions that humans associate with other human minds, such as learning or problem solving, etc. (Torres, 2014; Icarte, 2016).

There is no universally accepted definition of AI. Generally, AI is considered a computer science discipline that aims to develop machines and systems that can perform tasks that require human intelligence. Machine learning and deep learning are two spheres of AI. In recent years, with the development of new computer techniques and equipment based on neural networks, AI has been understood as a synonym for "supervised deep machine learning."

AI is increasingly present in everyday life. It interacts with AI systems to carry out common activities such as listening to music on Spotify, watching series on Netflix, finding a route with Google Maps or shopping on Amazon. Many tasks, which in the past were performed by people and in recent decades, were replaced by algorithms and currently already incorporate AI. This is a relatively new technology, although booming, that will have an enormous impact in the future (Navarro, 2018). As has happened with other major technological disruptions, AI is also expected to lead to a global economic revolution.

It is currently at the starting point of this path, which will provide countless opportunities for those countries and regions that know how to position themselves or even manage to lead this disruption. Forecasts indicate that AI will be one of the main growth drivers in the coming years (Azuaje Pirela, 2021). According to the report "Sizing the Price" by PWC, 1 AI will become the largest business opportunity, and will generate USD 16,500 trillion in the year 2030: USD 6,600 billion for improvements in the pro-1 and USD 9,900 billion derived from the additional consumption generated. McKinsey Global Institute estimates that, by 2030, 70% of companies globally will have adopted some form of AI. In this context, information (data in English) becomes a very valuable asset, since it constitutes an essential element for the creation of valuable AI algorithms. So much so that The Economist magazine speaks of "the new oil." The fact is that data is essential so that intelligent systems can train, improve and correct deviations, in order to obtain more reliable and effective algorithms. (Auth et al. 2019; Casis et al. 2019).

The management of big data (Big Data) may give rise to conflicts of privacy, responsibility or interests. That is why each government must address the issue by establishing the necessary legal frameworks to promote its development. It is, therefore, of vital importance to react immediately to the emergence of AI, with effective public policies that allow taking advantage of the opportunities generated by the growth of this technology (Arrigain Garca, 2020), contributing to greater prosperity and well-being. of people, companies and the country or region as a whole.

Increasingly, AI generates important advances in technology and business. It is being used in a wide range of sectors and has an impact on virtually all aspects of the creative process. The availability of large amounts of training data and advances that make high computing power affordable are driving the growth of AI. It interacts with intellectual property (IP) in several ways.

The growth of AI in various technical fields raises a number of IP policy questions; What it is essentially about is determining whether the current IP system should be modified in order to provide for balanced protection of works and inventions created through AI (Dez et al. 2001), AI itself and the data on which the AI relies to function. The World Intellectual Property Organization (WIPO) has initiated an open process to advance dialogue on the implications of IP policies.

In the global innovation economy, the demand for IP rights - patents, trademarks, industrial designs and copyright - is increasing rapidly and increasingly complex. AI, big data analytics and new technologies such as blockchain can be used to address growing challenges (De Caas, 2018).

Notwithstanding the above, what is intended is to establish at this point the fact that any intellectual creation that can be developed in the current state of the art always requires the participation of the creativity of the human being, either in form of a natural person or legal entity through its members (Ruiz, 2001).

But if copyright arises by virtue of originality, some of the "creative" products generated by AI, which from a certain point of view would be considered original works, could be devoid of legal protection precisely because the participation human being is minimal or non-existent. And also because copyright belongs to the author, that is, a human or natural person who creates an original work, and traditional regulations do not contemplate situations to resolve an eventual "ownership of robots" (Azuaje Pirela, 2021) . This leads to questioning whether such a consequence is contrary to the constitutional mandate of "recognizing and protecting the freedom to create and disseminate the arts" and, with it, the intellectual property or copyright that would allow the possibility that " "someone" could benefit from the economic product of what was created, since, strictly speaking, in one way or another, human beings do intervene in AI projects.

Therefore, the following pages analyze whether the constitutional mandate to protect intellectual property implies that copyright or, alternatively, new intellectual property rights for AI products must be recognized. If it is really considered that AI products should not be viewed from the perspective of IP.

General objective: prepare a critical legal analysis document that proves the inapplicability of intellectual property to artificial intelligence products.

Specific objectives:

1. Demonstrate how the diversity of criteria and points of view regarding the practice of copyright on the results of artificial intelligence is manifested in the world.

2. Analyze the current model of copyright protection, placing special emphasis on the requirements of originality and creativity necessary to protect a work.

3. Consider the consequences and challenges of patenting artificial intelligence under copyright.

from national and international organizations such as the World Intellectual Property Organization (WIPO), the Copyright Institute, the European Commission and the European Copyright Society. Current articles such as newspapers, magazines and media, among other sources, were also used, as well as the experience of the specialists and people consulted. To synthesize all the information necessary for the effective completion of this investigative work.

Historical-logical: for the contextualization of the object of research and the field of action because it is narrated how over time these technological advances have been manifesting and how they influence and are present today.

Empirical Level: such as the survey, interviews, direct observation, review of documents to collect information, as well as group work, among others. The study of documentation allows the tests and evidence of the authors of this research work to be based on serious and reliable documentary material, in addition to the fact that the compilation of this information constitutes and results in a new document.

General Problem Solving Method (MGSP): in the procedure to be used, the stages to be followed to carry out necessary studies regarding the organization are observed. Next, the possible techniques and methods to be used for each stage and step are described (Castao, 2016).

Stage 1: Identification of problems

Stage 2: Analysis of the problems

Stage 3: Search for solutions

Stage 4: Project evaluation and implementation

Stage 3: Search for solutions

In China, for example, the fact that Artificial Intelligence programs autonomously and exclusively create works protected by copyright is already a reality. Given this, experts have begun to visualize in each of the uses of artificial intelligence what the limits are or how they should be addressed to guarantee that the protection of human beings is maintained (Rodrguez, 2020).

While the planet continues to monitor the development of covid-19, the United States has just won another battle against China in the 'war' of geopolitical and technological interests. This time, the objective was to become head of the World Intellectual Property Organization (WIPO). One of the main challenges that the new head of the organization will have - in the next six years - will be to adapt the patent and trademark system to a new era of innovation led by renewed technological phenomena, such as artificial intelligence. or the development of robotization in new productive sectors.

Although China lost the possibility of leading the WIPO, its participation in the global patent registry is dominant: half of global patent applications (1.54 million out of 3 million) came - until 2018 - from the Asian giant. Furthermore, the multinational with the most patent applications related to technology was in fact the Chinese Huawei, with 5,405 procedures, doubling the figures of the second applicant, the Japanese Mitsubishi (2,812) and the third, the American Intel (2,499). requests).

Patenting activity in the field of artificial intelligence (AI) is advancing rapidly, so it is foreseeable that there will be a very significant number of new products, applications and techniques based on AI, which will transform everyday life. - the current director general of WIPO, Francis Gurry. Parliament has recently made public three initiatives related to AI: one that addresses the ethical framework, another that focuses on responsibility when this technology causes harm and, finally, a report on intellectual property rights (IPR) for the development of technologies related to artificial intelligence.

The ability of robots to create or invent autonomously is shaking some of the pillars on which the general intellectual property rules are based, which only provides for the protection of creations developed by humans (Guadamuz, 2017). Currently, WIPO manages 26 multilateral treaties, which are the legal structure of the system, and one of the great challenges is to keep these treaties updated and adopt new rules that address unregulated issues (World Intellectual Property Organization, 2020).

In this situation, actions are already being taken. The European Union, for example, is considering new requirements that would be legally binding on developers of artificial intelligence, in a bid to ensure that modern technology is developed and used ethically.

However, the above is intended to establish at this point that any intellectual creation that can be developed in the current state of the art always requires the participation of human creativity.

either in the form of a natural person or a legal entity through its members. Consequently, to think that an intellectual creation can be developed by a computer or any other kind of machine, without the direct or indirect intervention of the human being, is to date mere fiction. Perhaps in the not distant future and after the development of artificial intelligence systems it will be possible that they will face this challenge, but the truth is that with the beginning of the new millennium and the future of the 21st century this eventuality is not viable (Carballo -Calero, 2021).

The truth is that, deep down, intellectual property is also a way of avoiding conflicts, but in this case, it directs its efforts to protect intellectual property, those that are the result of intellectual work.

The ability of robots to create or invent autonomously is shaking some of the pillars on which the general intellectual property rules are based, which only provides for the protection of creations developed by humans (Guadamuz, 2017). Currently, WIPO manages 26 multilateral treaties, which are the legal structure of the system, and one of the great challenges is to keep these treaties updated and adopt new rules that address unregulated issues (World Intellectual Property Organization, 2020).

In this situation, actions are already being taken. The European Union, for example, is considering new requirements that would be legally binding on developers of artificial intelligence, in a bid to ensure that modern technology is developed and used ethically.

However, the above is intended to establish at this point that any intellectual creation that can be developed in the current state of the art always requires the participation of human creativity.

either in the form of a natural person or a legal entity through its members. Consequently, to think that an intellectual creation can be developed by a computer or any other kind of machine, without the direct or indirect intervention of the human being, is to date mere fiction. Perhaps in the not distant future and after the development of artificial intelligence systems it will be possible that they will face this challenge, but the truth is that with the beginning of the new millennium and the future of the 21st century this eventuality is not viable ( Carballo -Calero, 2021).

The truth is that, deep down, intellectual property is also a way of avoiding conflicts, but in this case, it directs its efforts to protect intellectual property, those that are the result of intellectual work.