Uso de la inteligencia artificialy la protección de los derechos de propiedad intelectual en la legislación ecuatoriana

Abstract

This thesis, “The Use of Artificial Intelligence and the Protection of Intellectual Property Rights in Ecuadorian Law,” constitutes a significant piece of research within the current technological context, given the rapid advancement of artificial intelligence and the challenges it poses to the traditional system of intellectual property rights protection. Consequently, the objective of this research is to analyze the impact of artificial intelligence on the protection of intellectual property rights under Ecuadorian law, considering the main legal challenges arising from the creation of content through automated systems and the need to establish appropriate regulatory mechanisms in response to technological development. To conduct the research, a qualitative methodology was applied, based on a bibliographic-documentary approach. Additionally, analytical-synthetic, historical-critical, inductive, and comparative methods were used, which together made it possible to identify the existing legal challenges. Similarly, semistructured interviews were conducted with judges from the Civil Judicial Unit of Ambato and legal professionals specializing in intellectual property with academic experience, with the aim of obtaining specialized insights to contribute to the analysis of the subject under study. As a result of the research, it was determined that there is an urgent need to promote flexible and up-to-date regulation, either through the reform of the Organic Code of the Social Economy of Knowledge, Creativity, and Innovation or the creation of a specific law on artificial intelligence, which achieves a balance between technological development and the effective protection of intellectual property rights in Ecuador.