On the subject of the attribution of exclusive rights in the hypothesis of creations realised using artificial intelligence, Elisabetta Berti Arnoaldi was interviewed by Dario Aquaro and the testimony is published today by Sole24Ore in the article: Industrial Patents and Copyright to the Test of Artificial Intelligence.
In the specific field of industrial design, the role and importance of artificial intelligence is growing in a creative process that is increasingly independent of human intervention.
It cannot, however, escape us that the activity of creative machines derives from the investment of the so-called research entrepreneur, the pre-eminent subject in all team work.
As in the case of R&D, it is therefore to the research entrepreneur, who promotes and organises the processes that include the use of the creative machines, that any exclusive rights compete.
This is, among other things, the solution already adopted in the discipline of the English Copyright, design and patent act, which since 1988 provides that in the case of a work realised by means of software, the ownership is of the subject who has foreseen and organised its operation.