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

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 […]

Voluntary Cancellation of Trademark Registration

Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are […]

Pharma Companies File 15% of Patents in India

The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]

For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]

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 […]

Music Law 101: What Does Copyright Law Protect?

Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]

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 […]

Fluid Trademarks

Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]

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 […]

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, […]