Artificial Intelligence and Intellectual Property Law

Dec 2022

What is Artificial Intelligence?

The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI.

Benefits Of AI

AI systems can be useful to reduce human casualties in conflict situations and hazardous workspaces or during accidents and natural calamities.
They might also prove useful for extending their help in routine tasks like cleaning, shopping and transportation.
The artificial intelligence systems with the incorporation of complex technologies are capable of making astounding inventions in a matter of time.

Now the question arises that whether these works are also capable of affording special status under Intellectual Property Rights Law like any other work produced by a human being. Can a machine be an author or an inventor? Who is the owner of AI generated works or inventions? Who should be held responsible for the creations and innovations generated by AI, if they encroach upon others’ rights or violate other legal provisions?

AI and Copyright

Traditional Copyright law does not recognize AI generated work. It only protects the original creations of a human being.

According to section 2 (d) of the Copyright Act, 1957, defines “author” “in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;”

Where AI becomes more advanced and fully autonomous and when it has the liberty to make its own decisions, it may become even more difficult to say that by whom the creation of work was undertaken. As per current scenario only the human-authors of creative works may enjoy copyright protection.

AI and Patents

According to the WIPO Technology trend report of 2019, “India is emerging as a new target for patent filing in the field of AI and was ranked eighth for first filings in 2015”.

AI involving software are difficult to patent. The Indian Patent Office follows Computer related Inventions (CRIs) guidelines that prohibit computer programmes or algorithms from being patented. The same guidelines apply to technologies based on AI.

For an invention to be granted as patent, it should pass the patentability criteria -novelty, inventive step, and industrial applicability. The biggest challenge faced by the AI systems in obtaining a patent for their ‘inventions’ is satisfying this three steps test.

Conclusion

On a concluding note, The current laws need to be updated to permit grant of patents for inventions and lack of ‘legal personality’ status of AI systems is a major impediment in achieving this’. Assigning authorship and inventorship to non-humans is a novel way to promote the growth and development of AI, which will boost the appetite of this world for more invention.

Trending Blogs

Color Trademarks in the Pharmaceutical Industry

The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]

3D Printing and IPR

The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]

Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights

In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]

India dropped to 40th position in International Intellectual Property Index

India has fallen to 40th position in the International Intellectual Property Index. This index helps know about the IP climate in the 53 global economies of the present year. This is as per the report US Chamber of Commerce’s Global Innovation Policy Center. As per last year’s report, India has been ranked in the 36th […]

PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR

Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]

The Clash Of Jurisdiction Of CCI And TRAI

Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]

Intellectual Property and its Role in the Pharmaceutical Industry

Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]

Patents – An Important Tool for Pharmaceutical Industry

For suitable protection of medical inventions, patents are the perfect option. This would also safeguard medical discoveries that are research-based and it is done by most of the pharmaceutical companies. In return for the protection offered by the patent, it can disclose the research used in coming up with the medical innovation in the pharmaceutical […]

Need for Kashmiri Saffron to get the GI tag

The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]

Intellectual Property Rights in the Era of Counterfeit Goods

The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]