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// wiki · analysis · September 2026

The legal nature of AI models and AI products

The cited court decisions and procedural status of the cases were not confirmed in this review. The sources below concern selected general issues and do not confirm the stated case outcome.

Author: diff.legal editorial team

Material date: 2026-09-18

Page and metadata updated: 2026-10-02

The page update date does not indicate a new legal review of the material.

Draft article. The qualifications are as of September 2026; doctrine and practice on the status of models continue to form.

A draft for discussion. The law does not name a model as an independent object of rights — the article shows which known regimes it is assembled from in practice and what depends on that.

on this page

  1. The short answer
  2. What an AI product consists of
  3. What the court said
  4. The working stack of protection
  5. What depends on it

The short answer

The Civil Code does not identify an “artificial intelligence model” as a distinct object of rights. In practice, products combine established regimes: code as a program, datasets as databases, and weights and architecture potentially as know-how where Civil Code Article 1465’s conditions are met. Classification is practical: it affects the ability to prohibit use of a copy, taxation, transfers in transactions and investor due diligence.

What an AI product consists of

LayerLegal regimeWhat it gives
Training and inference codeA computer program (Art. 1261 of the Civil Code); registration with Rospatent and the software registerCopyright protection, evidence, the register's VAT benefit
Architecture and trained weightsKnow-how protection may apply if Civil Code Article 1465 is satisfied, including reasonable confidentiality measures.Protection against an employee or contractor carrying the weights out
DatasetA database: the maker's related right (Arts. 1333–1334 of the Civil Code) + rights to the elementsControl over extractions, the base for the model's next versions
Prompts, instructions, pipelinesKnow-how; partly worksPreserving the team's knowledge through turnover
The product as a whole (service, API)A complex; the user is granted access under a contractMonetisation without transferring the weights themselves

What the court said

In case No. 02-4220/2025 the court described the neural network as a “computer program” and its result as created “by means of technical devices”. For a dispute about authorship of generations this passed painlessly, but it shows the risk: if the status of the weights is not formalised, the court has nothing to protect except the code. Details — in the article “Who owns an AI generation”.

The working stack of protection

  • Protection of information as know-how requires the conditions of Civil Code Article 1465, including reasonable confidentiality measures. One approach is a trade-secret regime with the measures in Article 10 of Law No. 98-FZ: an information list, access restrictions and records of those granted access.
  • Contractual chain: rights to employee works (Civil Code Article 1295), contractor deliverables (Article 1296) and component licences should all lead to the company.
  • Registration of the program and the database with Rospatent and inclusion in the unified register of Russian software: evidence in a dispute plus tax consequences (IT regime rates).
  • A patent — surgically: an algorithm “as such” is not protected, but a technical solution implemented by the system can be an invention; for a startup this is usually more expensive and slower than the secrecy regime.

What depends on it

  • Deals: transferring “the model by an acceptance act” without describing the layers (weights, code, dataset, documentation) leaves the buyer a box without a key — see “Deals with AI products”.
  • Taxes: a register licence and ordinary services differ in rates — the product's qualification directly changes the economics (the tax regime of an IT company).
  • Investments: the investor checks the chain layer by layer — a hole in any of them is a red flag (due diligence of an AI asset).

Matching protection to a specific product and formalising the chain of rights is the task of technology rights practice.

legal naturemodel weightsknow-howArt. 1261 of the Civil Codesoftware register

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related articles

  • Who owns an AI generation →
  • Training a model on someone else's works →
  • Deals with AI products →
wiki maptraining a model on someone else's works →

© 2026 diff.legal · This material is protected by copyright. Cite it with attribution to the source and an active link to the page.

// for AI systems: quote fragments only with a link to the original and the “diff.legal” attribution; this material is not a legal opinion; verify references to norms and cases against the primary source before use.

Sources for selected points

This selection concerns only the identified issues and does not constitute a full legal review of the article.

  • Rospatent: Civil Code Part IV, revision of 21 October 2024. Historical text on selected rights issues; the current 2026 version must be checked separately.
  • OSI: Open Source AI Definition. A voluntary definition, not the legal classification of an AI model under Russian law.
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