ABSTRACT
Most legal systems protect intellectual property rights through criminal law, amongst various legal protections. This chapter attempts to work out a legal solution to problem of the criminal liability of artificial intelligence (AI) entities, specified to IP offences. It proposes the imposition of criminal liability on AI entities using three possible models of liability: the Perpetration-by-Another liability model, the Natural-Probable-Consequence liability model and the Direct liability model. The Perpetration-by-Another liability model does not consider the AI entity as possessing any human attributes. The AI entity is considered an innocent agent. The Natural-Probable-Consequence liability model assumes deep involvement of the programmers or users in the AI entity’s daily activities, but without any intention of committing any offence via the AI entity. The direct liability model does not assume any dependence of the AI entity on a specific programmer or user. Criminal law has a very important social function – that of preserving social order for the benefit and welfare of society.
