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Use of artificial intelligence can entail extensive risks

An extended meeting of the Legal Committee of the Coordination Center for TLD .RU/.РФ was held in partnership with IP CLUB and moderated by Marina Rozhkova, Chairperson of the Legal Committee and IP CLUB President.

The discussion focused on the practical and legal aspects of AI implementation, such as the creation of trademarks with the assistance of AI, legal risks associated with the use of AI in business and methods for mitigating them, as well as the application of AI in preparing procedural positions and evidentiary materials.

In her opening remarks, Marina Rozhkova noted that despite the increasing use of artificial intelligence across many fields, its results must be approached with critical judgment. Any use of AI carries not solely advantages but also potential risks – an issue explored in detail by the speakers.

Yekaterina Poponina, patent and design attorney, presented a report, Trademarks Created with AI. She noted that applications for registration of AI-generated logos and trademarks are already under review by Rospatent. However, those who use or intend to use AI for such purposes should carefully examine the developer’s user agreement clarifying ownership rights to the resulting product, usage restrictions, and the platform’s terms relating to protection. Particular attention should also be paid to the generated image: a neural network may produce something that would look too similar to an existing trademark, which could result in infringement. The question of authorship likewise remains dependent on human input, including drafting prompts or refining outputs. At the same time, Poponina stressed that AI could greatly assist trademark registration by handling routine tasks, and offered practical recommendations for its use.

A neural network is a tool, but responsibility always rests with the human. At times AI simplifies work; at others, it may complicate it or confuse the user,” she concluded.

Anna Semevich, Legal Counsel at Yandex, delivered a presentation, Employing AI in the Creation of Procedural Positions and Evidence: Falsifying Evidence with AI, outlining procedures for responding in court when an opposing party submits materials falsified through neural networks. According to prevailing judicial practice, documents or audiovisual materials generated using AI possess no independent evidentiary value. She also explained the process of filing falsification claims and reviewing such allegations, and shared tools for identifying AI-generated images.

Viktor Kaluzhsky, Head of the CLS Intellectual Property Group and patent attorney, presented a report, AI and Business: Legal Risks and How to Minimize Them. He examined categories of AI-related legal risks, provided illustrative scenarios where such risks were particularly acute, and offered recommendations for mitigation. He also underscored that the core risks ultimately stem from the human factor, making it essential for companies to cultivate a risk-aware culture around AI use.

In conclusion, Marina Rozhkova stressed that clear boundaries must be maintained in the use of AI, with clear understanding that it cannot replace human reasoning.

While AI is highly effective at generating plans, reports, and similar materials, human thought remains fundamentally different and indispensable. Artificial intelligence should therefore be used thoughtfully and responsibly,” she emphasized.

A full recording of the session can be found here.

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