INTELLECTUAL PROPERTY RIGHTS FOR WORKS CREATED USING GENERATIVE ARTIFICIAL INTELLIGENCE MODELS

The article addresses pressing issues of legal regulation concerning intellectual property rights for works created using generative artificial intelligence models. It identifies unique challenges in assigning rights to AI-generated works as traditional concepts of authorship become less applicable with the increasing use of artificial intelligence in creating copyrightable objects. The lack of a unified approach to regulating such relationships worldwide highlights the importance of developing sui generis legal mechanisms for rights protection, an innovative endeavor for Ukraine. Legal analysis and a systematic approach are employed to examine the specific legal regulation of both proprietary and non-proprietary rights in AI-generated objects. The article emphasizes Ukraine's implementation of the world's first sui generis regulatory mechanism for non-original objects generated by computer programs. It analyzes Ukraine's new “Law on Copyright and Related Rights”, which introduces the term “non-original object” to refer to objects created by computer programs without human creative input. The absence of originality necessitates the application of a sui generis framework that provides special protection for objects that do not meet traditional copyright criteria. It is determined that the legislative approach assumes that AI-generated objects do not give rise to personal non-proprietary rights, while proprietary rights may belong to the owners of the computer programs, their licensees, or other parties under separate agreements. Special attention is given to the differentiation between human-created works and non-original objects generated by computer programs, as well as the need for clarifying certain norms to prevent inconsistencies in law enforcement. Examples of sui generis rights applied in other fields, particularly in database protection, demonstrate the flexibility of this framework for cases where protected objects do not conform to standard legal criteria. The article also underscores the necessity of harmonizing legislation with European Union standards to ensure effective regulation and protection of intellectual rights in the realm of artificial intelligence. Future research prospects include developing additional norms to address gaps in the allocation of proprietary rights for generated objects and creating a methodological foundation for scientific and educational studies in the field of legal regulation.