Criminal Liability of Artificial Intelligence for Intellectual Property Rights Violations in Iraqi and Comparative Law

Abstract

This study examines the issue of the criminal liability of artificial intelligence for infringements of intellectual property rights, in light of the rapid expansion of the use of these technologies in the fields of creativity and innovation, and the unprecedented legal challenges that have resulted from this development. The study is grounded in a central research problem concerning the adequacy of traditional criminal law rules in addressing acts that may arise from artificial intelligence systems, particularly within the Iraqi legal framework, which still lacks a specific legal regulation capable of addressing this modern phenomenon.

To this end, the researcher adopted a comparative analytical approach, analyzing the relevant legal texts in Iraqi law and comparing them with corresponding provisions in selected Arab and foreign legal systems, with the aim of identifying legislative shortcomings and deriving possible legal solutions to fill this regulatory gap. The study also addressed the concept of artificial intelligence, its main characteristics, its relationship with intellectual property rights, and the potential forms of infringement that may result from its use, whether through copying, imitation, or the reproduction of protected works.

The study concludes that, under the current legal framework, artificial intelligence does not possess legal personality that would enable it to bear criminal liability directly. Consequently, criminal responsibility is generally attributed to the natural or legal persons involved in the design, operation, or exploitation of these systems. The study further reveals a clear deficiency in Iraqi legislation in regulating criminal liability arising from acts committed through artificial intelligence, particularly when compared to certain comparative legal experiences that have sought, albeit partially, to establish guiding principles and regulatory frameworks to address these issues.

In light of these findings, the study emphasizes the necessity for legislative intervention by the Iraqi legislator to enact a specific legal framework regulating the use of artificial intelligence technologies and clearly defining the scope of criminal liability arising from infringements of intellectual property rights. Such regulation would help achieve a balance between encouraging innovation and protecting intellectual property rights, while keeping pace with rapid technological developments without compromising the fundamental principles of criminal justice.