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Criminal Liability Arising from Infringement of Pharmaceutical Patents by Artificial Intelligence
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Mohammad Poormohamad1    , Mehrdad Teymouri *2 |
1- Department of Criminal law and Criminology, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran. |
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Abstract: (531 Views) |
Background and Aim: Artificial intelligence is one of the human inventions that, regardless of its many advantages, have created problems, especially in the criminal dimension. Artificial intelligence can help new ideas in the field of pharmaceutical inventions by gathering a large amount of data in the discovery of drugs, research and its side effects. In fact, the special feature of artificial intelligence is that it is applied as a practical expression by robots and programmers, challenges lawyers regarding the criminal liability resulting from the violation of some rights such as patent and intellectual property rights that require characteristics such as registration, originality, innovation and ownership. Robots, manufacturers (designers) and operators, especially in the field of health, which is very important, have faced ambiguity, and on the other hand, according to the legal principle of crime and punishment, no crime should remain without punishment and compensation.
Methods: In this article, with a descriptive analytical approach, despite the lack of first-class legal sources in this regard, we investigated the criminal liability of patent infringement by artificial intelligence.
Ethical Considerations: In all stages of writing the article, honesty and trustworthiness have been observed while respecting the originality of the texts.
Results: The findings of this article indicate that despite the widespread impact of artificial intelligence in the protection of pharmaceutical products in the form of patents, in limited cases it causes the violation of the principles of patents such as the right of ownership and registration, although the right of innovation and innovation is used. Carey covers robots in the field of data, learning and complications.
Conclusion: We concluded that in assigning criminal liability to artificial intelligence in pharmaceutical patent rights, due to the lack of will and authority for the robot, he cannot be classified as a natural or legal person, and he must be bound by the will and authority and, of course, the intention. The creator and user referred to Rabab as a steward and spiritual agent. |
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| Keywords: Pharmaceutical Patent, Criminal Responsibility, Artificial Intelligence, Robot, Will and Authority |
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Full-Text [PDF 556 kb]
(389 Downloads)
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Type of Study: Original Article |
Received: 2023/09/18 | Accepted: 2023/12/25 | Published: 2024/02/20
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