La incidencia de la inteligencia artificial en materia de propiedad intelectual: Análisis y evaluación de su impacto en la práctica jurídica

Abstract

The present study analyzes the impact of artificial intelligence (AI) on the protection of intellectual property rights within the Ecuadorian legal system, assessing the regulatory challenges that arise in light of the accelerated advancement of digital technologies. The research focuses on the absence of specific regulation addressing the particularities of creations generated or assisted by AI systems, which creates legal uncertainty in key aspects such as authorship, originality, ownership, and legal liability. From a normative and comparative perspective, the study examines the current legal framework in Ecuador, particularly the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COESCCI), which still responds to traditional conceptions based on direct human intervention in creative processes. This limitation prevents an adequate legal response to content produced by algorithms, generating regulatory gaps that affect both legal practitioners and potential holders of intellectual property rights. The study concludes that it is essential to adapt the intellectual property legal regime to the challenges of the contemporary digital paradigm by incorporating clear normative criteria that recognize new forms of creation and ensure effective protection of rights without discouraging innovation. In this way, a forward-looking legal reflection is proposed that seeks to strike a balance between technological development and legal certainty in a scenario where creativity is no longer exclusively human.