딥페이크 발명이 특허법상 공서양속에 위배되는지 여부에 관한 연구

The creation of artificial intelligence is beyond human capabilities. Controversy over the creativity of artificial intelligence products remains, but the data as a product contains various contents. As a kind of synthetic data, the product causes various problems such as copyright problems and portrait rights problems. Deepfakes that use other people’s portraits without permission are highly likely to develop or utilize as a technology. Portraits of celebrities are also used maliciously or for pornography. Regarding politically sensitive matters, deepfakes are a problem because they affect various fields such as the media and entertainment as well as the parties. However, a careful approach is required in that it is at the point of contact with freedom of expression. It is meaningful to examine whether it violates public order and morals under the patent law, as the technology can be distorted and become a social problem, although the regulation of deepfakes, which are increasing in spread by the combination of artificial intelligence technology and the Internet, is possible in other relevant laws. Through a patent legal review on deepfake technology, we examine whether it is possible to respond to questions that may appear after registration or the review process. However, it is revealed that the consideration was made while maintaining the position that the value judgment on technology should be neutral.