Comparative study of the rights of intellectual achievements caused by artificial intelligence in the laws of Iran and the United States of America

Abstract

The purpose of this research is to compare the rights of intellectual achievements caused by artificial intelligence in the laws of Iran and the United States of America. In Iranian law, the issue of abuse of intellectual property rights has not been studied much, and the legal solutions to this issue lack theory and classification, and are only considered as an executive guarantee for some instances of abuse of rights, such as Article 17 of the Patent Law of 2006, which, by discussing the granting of compulsory licenses, has placed an obstacle in the way of the abuse of some exclusive rights of the holder that are against the public interest. In the jurisprudence of Western countries - especially the United States of America - more attention has been paid to the abuse of intellectual property rights, and the theory of dirty hands was first proposed to justify and regulate patent abuse, and then it spread to other areas of intellectual property. Of course, the debate about the abuse of intellectual property rights, especially its criteria and examples, continues to this day in the mentioned countries, and no legal consensus has been reached. However, it seems that the title of abuse of intellectual property rights can be used both in the form of defense of the violators of these rights before the court, and as one of the exceptions to the owner's exclusive rights.