Do you have the knowledge required to develop or use artificial intelligence solutions?


Intellectual Property

True or false?

It is possible to copyright the source code of artificial intelligence software.


Source codes have long been recognized as works within the meaning of Canada’s Copyright Act, as well as in similar legislation in most other countries. In some cases, such as robotics, it is even possible to obtain patents to protect more general methods.

Intellectual Property

Who owns an artificial intelligence solution that is being used in a business, but that was developed by a third party?

None of the above.

Fundamentally, the contract between the developer and the user should indicate which party owns the solution. Often, developers choose to reserve rights so that they can reuse some of the more generic elements of the solution for other customers and projects.

Data Protection

True or false?

There is currently no legislation governing the protection of data used in artificial intelligence solutions.


In Quebec and Canada, the protection of personal information is governed by federal and provincial legislation.

In Quebec, the following legislation has been enacted: the Act respecting the protection of personal information in the private sector, which came into force in 1994, and the Act respecting access to documents held by public bodies and the protection of personal information, which was adopted in 1982 and applies to the public sector.

The Commission d'accès à l'information is the Quebec body responsible for ensuring compliance with this legislation.

Data Protection

True or false?

If users of your products and services agree that your business can use their personal information, this consent applies to all types of information use.


Consent must be freely given, informed, and provided for specific purposes; its limits must be defined and respected. However, personal information must be distinguished from data that is not subject to such legislation.

Open Innovation

True or false?

To take part in a collaborative community that shares ideas and solutions in a technological development context, you will effectively have to let go of the intellectual property rights of whatever you developed.


The success of open innovation lies primarily in the notion that sharing knowledge can be profitable. A business has to find and strike a balance between what it can share with those involved (suppliers, competitors, specialized third-party companies, the public, etc.) and what it can gain from its relationships with them.

Intellectual property can be an integral part of such a strategy. Moreover, not all open-source innovation contracts are the same; some are more restrictive than others.

Data Ownership

True or false?

All databases available online can be used to train an artificial intelligence solution.


For some databases, it is specified that they cannot be used for commercial purposes. Therefore, if you plan to commercialize the solution you are developing, carefully examine the databases to select the one that best corresponds to your objectives.


Must a developer be able to explain how an AI system came to a certain conclusion or why it responded in a certain way?

None of the above.

The answer varies by jurisdiction. In Quebec, developers are not required to explain how an algorithm works before it is released on the market, but such explanations can become essential to a defence in the event of a dispute.

However, depending on the nature of the information being processed and the decisions being made, some countries may require that a developer provide such explanations.


Who is liable when an artificial intelligence solution that you are using malfunctions or makes a mistake that causes damage to a third party?

The business using the solution.

Under article 1465 of the Civil Code of Québec, custodians of a thing are liable for injury resulting from the autonomous act of said thing, unless they can prove they are not at fault.

...and the developer of the solution.

In addition, if the developer is the source of the fault, the developer could be liable with respect to the business that operates the solution, but also, in a number of situations, to the consumers who use it.



Perhaps you should take a look at our Artificial Intelligence Glossary

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