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All Journal Ius Humani. Law Journal International Journal of Law and Society
Zlakoman, Ihor
Unknown Affiliation
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Intellectual Property Law in the Age of Artificial Intelligence: Legal Challenges and Regulatory Perspectives Popov, Viktor; Popova, Sofiia; Zlakoman, Ihor; Kolomiiets, Serhii; Petrova, Nataliia
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.133

Abstract

The study's relevance is stipulated by the rapid development of artificial intelligence (AI) and the need to adapt legal regulation in intellectual property to modern technological challenges. The absence of a unified approach to determining authorship and protecting rights to objects created by AI creates legal uncertainty and hinders innovation development. The study aims to analyse the existing approaches to regulating intellectual property rights created by AI and develop recommendations for improving the legislation. The object of the study is the legal acts and doctrinal approaches to the regulation of rights to the results of AI activities. This research uses a multidisciplinary approach by combining comparative legal methods, content analysis, historical, structural-system, forecasting, and empirical analysis. This approach allows for an in-depth analysis of intellectual property regulations in the context of artificial intelligence in various jurisdictions and the preparation of data-based policy recommendations and future projections. The study results showed a significant fragmentation of AI regulation in different jurisdictions. It analyses the models used in the USA, EU, China, UK, and other countries, identifying their strengths and weaknesses. Recommendations on harmonizing international standards and adapting the Berne Convention and the TRIPS Agreement to modern technological conditions are proposed. The practical significance of the work is to form the basis for the development of universal legal mechanisms that will help protect intellectual property rights created by AI and stimulate innovative development. The findings can be used to improve legislation at the national and international levels.
Protecting human rights and upholding international humanitarian law amid the war in Ukraine Rudnytska, Olha; Zlakoman, Ihor; Podilchak, Olha; Vitenko, Zakhar; Khrust, Dmytro
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.411

Abstract

When evaluating the relationship between humanitarian law that only involves armed conflicts and human rights that apply in peacetime and war, the main question is whether the protections provided to persons under the latter are less than those under the former. The paper explores the many facets of this issue, including the general interplay between humanitarian law and human rights law, the applicability of specific human rights in the context of armed conflicts, among more, using the example of the war in Ukraine. The methodological toolkit includes a systemic-structural approach, generalization, the method of scientific abstraction, and the method of logical and systemic analysis. The article has shown little evidence to support the preconceived notion that humanitarian law can supersede human rights law, since it is lex specialis. Likewise, it is demonstrated that human rights and humanitarian law norms disclose a comparable substance when humanitarian law protections are enforced as required by their content. In some situations, the protection provided by human rights legislation is equal to or greater than that provided by humanitarian principles; however, the inherent constraints of human rights treaty norms allow for considering humanitarian law's criteria for proportionality, humanity, and military necessity. Therefore, the International Criminal Court's (ICC) capabilities and potential to assess violations of international humanitarian law (IHL) during the war in Ukraine and the prospects for issuing binding decisions are assessed. Overall, the study asserts that the war in Ukraine can serve as an important precedent for the development of IHL and its implementing principles.
Co-Authors Khrust, Dmytro Kolomiiets, Serhii Petrova, Nataliia Podilchak, Olha Popov, Viktor Popova, Sofiia Rudnytska, Olha Vitenko, Zakhar