Evolution of Judicial Practice in Disputes over Intellectual Rights to Objects Created Using Artificial Intelligence Technologies: An Analysis of Law Enforcement

<jats:p>The article provides a comprehensive analysis of the emerging judicial practice of arbitration courts of the Russian Federation in cases of protection of exclusive rights to intellectual property results (RID) created using generative neural networks. The paper argues that the courts currently adhere to a conservative approach, considering artificial intelligence solely as a tool in human hands (instrumentum vocale) and applying to such objects the established norms of Part four of the Civil Code of the Russian Federation without significant adaptations. Special attention is paid to the procedural aspects of proving authorship, where the burden of confirming the user’s creative contribution falls on the plaintiff. The analysis shows that the key factor for the court is not the technology of image creation, but the applicant’s evidence base confirming his creative control over the generation process (prompta, source data, revision history). At the same time, problems are being identified in determining the amount of compensation for multiple violations, when a series of identical images is classified either as a single violation or as a combination of such.</jats:p>