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Considerations in the use of AI – (Part II)

Patricia

By: Andrea Mendoza Molina/ Paola Salomón del Arenal

Artificial intelligence has come to reform the way we work, research and solve problems. AI has revolutionized so much that Law has not been left behind. The arrival of AI in the legal world has influenced the practice of Law in several ways, making it impossible to ignore its existence and the impact it will continue to cause, so it is essential to start asking questions, discussing and regulating AI. It is important to start discussing it now, because as much as it may seem that these issues are a long way off, AI is advancing and evolving to unimaginable levels quickly.

One of the most recently discussed issues is how AI affects intellectual property. One of the concerns that arise with the use of AI programs is about who owns the rights to the responses generated based on the instructions issued by the user. Most AI programs assign the rights to the generated response to the user. However, these answers are neither unique nor specialized; the same or a very similar result can be created by the program for another user asking a similar question, who in turn will have the rights to that answer. Although the program assigns the rights to the answers, this does not guarantee that the law will protect the result or recognize the user as the author.

On the other hand, another issue that is being discussed about the use of AI within the legal profession is about what will happen when AI provides legal advice directly to clients or when it is used as an aid to resolve legal issues. Will the program need any certificate or license to be able to provide legal advice? Or in case of negligence or any mistake, who will be responsible and face the sanctions that may be applicable?

We need to continue discussing these issues and many more in order to be able to regulate the development of AI in a reliable and safe way, focusing on the risks and the opportunities it brings. But we must do it quickly and in such a flexible way that it can adapt to the changes and advances that will be implemented.

References:

https://eljuegodelacorte.nexos.com.mx/inteligencia-artificial-y-el-futuro-del-derecho/#_ftn12https://www.eleconomista.com.mx/tecnologia/Paises-aceleran-regulacion-de-Inteligencia-Artificial-y-Mexico-es-uno-de-ellos-20231125-0024.html

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