On March 26, Dmitry Markanov, Managing Partner of PATENTUS, took part in the second day of the XII Moscow Innovative Legal Forum, traditionally organized by the Kutafin Moscow State Law University (MSAL).
In the session “Artificial Intelligence Law”, when answering the question of the moderator concerning the state of judicial practice in the field of artificial intelligence, Dmitry noted that many legal relations arise in connection with the creation and development of AI. This suggests that the technology is actively developing in Russia.
At the moment, the essential part of disputes in the field of artificial intelligence are related to the issuance of grants for its development, with the agreements, the subject matter of which is software with the implementation of AI, as well as some administrative cases. According to Dmitry, the latter are of the greatest interest, since they are already talking about the application of a certain system with an AI element and, accordingly, the violation of rights of the third parties when using it.
The law enforcement practice of the Russian Federation currently considers AI as a certain program or an object that can be used by a certain subject of law: a developer, owner or operator. In particular, this model can be traced in court cases on intellectual property. In this regard, Dmitry assumes that in the future it shall be necessary to limit the legal capacity and competence and to expand liability for those persons who interact with AI as an object of the law.
Speaking at the session “Digital Transformation of Industry”, Dmitry noted that existing nowadays state systems for marking and tracking of the goods really help to combat more effectively with the counterfeit products and to protect the rights of businesses. At the same time, private initiatives are actively developing, for example, aimed at tracking of violations on the Internet and automatically combating with them. Digital technologies are also used in intellectual property - with their help it shall be possible to identify more quickly and efficiently the areas of industry with various degrees of competitiveness when forming so-called “patent landscapes”.
“I would like to talk here not about the digitalization of industry, but about the global digitalization of the economy in general,” says Dmitry. “Nowadays, a company, engaged in software, can be worth an order of magnitude more than an oil company. Therefore, I believe that the IT industry may be considered an independent economic factor in the growth of our country.”
