Artificial intelligence and intellectual property in Paraguay

Abstract

The main purpose of this study is to examine the current legislation in Paraguay with the objective of determining the presence or absence of a specific legal framework that regulates the use of Artificial Intelligence in the field of Intellectual Property. A qualitative, non-experimental, transversal and analytical approach was used. Paraguayan legal legislation was analyzed with bibliographic analysis of the National Constitution and laws. The most relevant results highlight that the Constitution of Paraguay recognizes and protects fundamental rights, including property rights; there is protection of industrial designs and models; The Civil Code of Paraguay establishes the rights and powers that the owner has over a thing; there is a legal framework for the protection and registration of trademarks; etc. It is concluded that the Constitution of Paraguay provides a general basis for the protection of intellectual property, including works generated by artificial intelligence. However, by mandate of the same regulations, its specific regulation must be established through lower-ranking laws. If intellectual property disputes that involve the application of artificial intelligence are resolved with the laws in force in Paraguay, fundamental principles such as legality, taxativity and legal certainty could be violated.