The problem of digitalization in the field of intellectual property on the basic of the UE’s Digital Service Act (DSA) and Digital Market Act (DMA)

Abstract

This article deals with the topic of digitization in the field of intellectual property protec-tion, highlighting the new challenges dictated by the evolution of new technologies and the need to protect the segment still not well regulated. Examples are given of the European regu-lation. The question of the non-patentability of AI algorithms is addressed and if, within certain limits, legal recognition is possible on the basis of Article 52 of the EPC. Are analyzed the differ-ence between human creations obtained with the assistance of AI and those generated auton-omously by AI under EU legislation. Finally, the impact that the recent global pandemic had in the field of the protection of IP is brought to attention. The two EU legislative proposals are briefly analyzed: the UE’s Digital Service Act (DSA) and Digital Market Act (DMA) and what interaction they could have on the protection of IP.