Speaker: Kateryna Militsyna (Max Planck Institute for Innovation and Competition, visiting
researcher at ILEO)

Chair: Prof. Christophe Geiger (Luiss University and Director of ILEO)

Abstract: The study aims to define when the use of generative AI to produce output renders it non-copyrightable and to identify the most appropriate legal framework for such output. To meet its objectives, it develops a five-part test to distinguish between AI-based output that is copyrightable and that which is not, and examines four authorship scenarios arising from its application. The study discusses why introducing a new IP-type protection framework for AI-based output that is not copyrightable is unfounded. This point is illustrated through the example of the sui generis right for non-original computer-generated objects, which was recently introduced in Ukraine. The study then turns to the potential of existing law to address the risks and challenges posed by generative AI, particularly the concealment of its AI origin. In this vein, it explores the potential of unfair competition and consumer protection laws to address the relevant risks. 

About the Speakers: Kateryna Militsyna is a doctoral student at the Max Planck Institute for Innovation and Competition in Munich, Germany, and at the Taras Shevchenko National University of Kyiv, Ukraine. Her research interests lie in the areas of innovation, emerging technologies, and intellectual property law, with a focus on AI-related issues. In addition to her academic career, she worked in legal practice in Ukraine, facilitated participatory workshops that intersected art, law, and civil agency, and volunteered as a judge and coach for teams in the Ukrainian National IP Moot Court
Competitions. 

The ILEO organizing team for this event includes: Christophe Geiger, Ludovico Bossi, Francesca Di Lazzaro, and Giselle Stoecklin.

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