Análisis jurídico de la responsabilidad penal por infracciones de propiedad intelectual mediante inteligencia artificial en Ecuador

Abstract

This research analyzes the criminal liability arising from intellectual property infringements committed through the use of artificial intelligence in Ecuador. The problem arises because the Organic Integral Criminal Code (COIP, by its Spanish acronym) and the “INGENIOS” code were designed under traditional models of human creation, without accounting for new forms of copyright infringement through automated systems, which creates legal gaps and difficulties in attributing criminal liability. The general objective is to analyze how Ecuadorian legislation respond to intellectual property infringements committed through artificial intelligence, identifying their limitations and the need for legal reforms. The research was developed under a qualitative approach, through a doctrinal, regulatory, and comparative analysis of the Ecuadorian legal framework and international legislation. The results show that Ecuadorian legislation does not specifically regulate infringements committed through artificial intelligence, which generates legal uncertainty and difficulties in assigning criminal liability. Furthermore, it was determined that liability should rest with the human agents involved in the design, programming, or use of these technologies. It is concluded that a legal reform is necessary to incorporate clear criteria for criminal liability and new legal figures that allow for the effective protection of intellectual property rights against the misuse of artificial intelligence.