Abstract

Forecasting and profiling models have become an important player in today’s market and are undoubtedly part of the broader genus of artificial intelligence systems, as also confirmed by the recent definitions provided by the European legislator. Since they are complex intellectual creations that require high skills and huge investments, it is important to reflect on their protection in terms of so-called intellectual property. This article provides a general overview of forecasting/profiling models from a legal point of view, proceeding by assimilation to the various forms of intellectual creation already codified by IP law. It then goes on to identify the exclusive rights that come into play, with the relative owners and limits of application. Finally, a series of scenarios are described to better understand (and therefore legally contextualize) the derivation relationships between the information provided to a model (input), the output information and the model itself, also mentioning the case of open data