Implikasi Hukum Perdata Internasional terhadap Karya Cipta AI dalam Perkembangan Hak Kekayaan Intelektual

Abstract

The development of artificial intelligence technology (Artificial intelligence /AI) has created a new challenge in the field of intellectual property Rights (IPR), especially regarding the legal status of creative works that are produced autonomously by Ai systems. The main problem arises determining the legal subject who is entitled to copyright protection,because the positive legal system in various countries still places humans as the only creator and holder of rights. In the context of international civil law, complexity increases due to differences in legal systems between countries and the cross border nature of Ai based digital works.This study uses a normative comperative approach to examine the implications of international civil law on Ai creations, by reviewing the principles of HKI protection in international instrument such as Bern Convention and the Trip`s agreement.The result of the study show that there is a significant void of norms because there is no explicit regulation regarding AI creations, this causing legal uncertainly in cross country protection. Therefore, it is necessary to recontruct international regulations and harmonize harmonize lawsbetween countries so that the IPR protection system remains adaptive to the development of artificial intelligence technology.