Impact Of Artificial Intelligence In The Realm Of Intellectual Property Rights

By: Yagyanseni Acharya

Vellore Institute of Technology, Chennai

INTRODUCTION

Artificial Intelligence (AI), as we know comprises a variety of different branches of computer science that are associated with creating smart machines capable of doing tasks that generally require human intelligence. Day-to-day examples that we come across are Netflix recommendations, spam filters in email, Siri, Alexa, etc.

The history of AI began with a simple question posed by mathematician Alan Turning, “Can machines think?” which established its fundamental goal and vision. But his question did not answer what AI is or what makes a machine intelligent. Stuart Russell and Peter Norvig, authors of the later textbook Artificial Intelligence: A Modern Approach, address these questions by integrating their work and defining the field of AI as human and rational thinking and behaviour. increase. Here, thinking deals with the thinking process, and actions deal with actions.

ARTIFICIAL INTELLIGENCE IN PRESENT TIMES

Initially, AI was thought to be only equipped for the field of Science and Technology but later development made everybody realize that not only can it be equipped for branches of computer sciences but in other fields also such as transportation, documentation, national security, criminal justice, and numerous other examples exist where AI has made a huge impact.

Over the years AI even with the smallest mean has become an integral part of our lives that enables us to rethink how we incorporate the information, analyze data, and use the resulting understandings to advance our decision-making. So-called "A.I." Today's systems are essentially sophisticated machine learning software with a wide range of behavioral algorithms that adapt to human likes and dislikes, solving quantum computing problems. These robots are very useful, but they are not smart in the existential sense. Instead, it enhances skills and effectiveness based on vast datasets.

ARTIFICIAL INTELLIGENCE IN INDIA

One of the cutting-edge technologies, artificial intelligence (AI), is influencing both the present and future economies of India. The effects of artificial intelligence are beginning to be felt in India in the areas of healthcare, agriculture, education, governance, and financial services. With future technologies like artificial intelligence, advanced manufacturing, blockchains, renewable energy, and quantum computing shaping up, India is at a turning point and preparing for one of the biggest technological revolutions of the century. India has to improve its AI skill training by enlisting not just multinational firms but also encouraging start-ups in India to develop and hire AI-trained workers to close the gap between the demand and supply of the necessary labour in the aforementioned area.

ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY

According to the definition provided in Section 2(d)(vi) of the Copyright Act, anyone who creates a computer-generated work of art is considered to be the author of such a work. Following the judicial precedents of Indian Intellectual Property Law, the term "person" is used to refer to either a human being or an organization or group of human beings.

Artificial intelligence is not considered a human, so even if it produces a work that is subject to copyrights, the person who caused the work to be produced, not the AI system, shall be granted protection for such rights. In addition, a written agreement must be signed if the work is going to be used under a license or assignment.

In India, the Indian Patents Act, 1970 governs the laws relating to patents. According to the Act, "inventors" are given patent rights. The Act makes no mention of the word "inventor" by name. However, Section 6 of the Act discusses those who are qualified to submit a patent application. According to Section 6 of the Indian Patents Act, 1970, anyone who claims to be the actual first inventor, the assignee of the person, or the legal representative of the person may file a patent application.

The use of the word "person" indicates that under the Indian Patent Act of 1970, AI systems are not subject to patent applications in India. Only one person can make such a registration.

The Trademarks Act of 1999 specifically addresses trademarks. A trademark is used to set one company's products and services apart from others on the market. According to Indian law, trademark registration is not required. Registered trademarks are protected by law, and unregistered trademarks are protected by common law. Who could own a trademark is not expressly stated in the Trademark Act. To be a registered user or registered owner under the law, a person must meet the definitions of a registered owner under Section 2 (v) and a registered user under Section 2 (x).

The Designs Act of 2000 governs the laws relating to industrial designs. The word "owner" of the design rights is not clearly defined by this Act. Under the Designs Act of 2000, the phrase "proprietor of novel or original design" has been defined. According to this concept, the owner may be the person from whom the design was carried out, the person from whom the design or rights were acquired, or the person if the design was transferred from the original owner to another person. This definition makes it clear that only "persons" are given rights and legal protection concerning Designs under the Designs Act.

Thanks to the way the legislature drafted the law, only legal entities or humans or organizations made up of humans can own intellectual property rights in India. Sophia, a Hanson Robotics robot, was granted citizenship by Saudi Arabia in 2017. It is the first machine in history to be accorded "person" status anywhere around the globe. Many parliament members desired to advance technology and regulations relating to it in India after Saudi Arabia announced that Sophia the robot would be granted citizenship. Therefore, AI systems or other computer-based machines cannot possess any rights unless and until the law explicitly puts them inside the definition of "person."

In conclusion, there are now no clear laws or regulations governing artificial intelligence in India, and there are also no relevant case laws. To deal with circumstances when Machine learning and ai are advanced, some legal reforms may be necessary. More clarity would be ideal, particularly concerning intellectual property. The argument is that it is impossible to even speculate about when AI will be awarded IP ownership rights given the technological developments and growing popularity that it is experiencing.

REFERENCES

https://www.thepeninsula.org.in/2020/09/10/contemporary-and-upcoming-issues-in-the-field-of-intellectual-property-rights/

https://builtin.com/artificial-intelligence

https://blog.ipleaders.in/can-artificial-intelligence-own-ip-rights-in-india/#Who_can_own_IP_Rights_in_India

https://indiaai.gov.in/ai-standards/ai-and-intellectual-property-rights

https://www.thehansindia.com/hans/young-hans/ai-for-india-campaign-launched-747952

https://www.jigsawacademy.com/blogs/ai-ml/artificial-intelligence-scope-in-india/

https://www.thestatesman.com/india/ai-set-transform-indias-present-future-economy-jitendra-singh-1503031083.html

https://digitalcommons.murraystate.edu/cgi/viewcontent.cgi?article=1148&context=bis437

https://www.brookings.edu/research/how-artificial-intelligence-is-transforming-the-world/

https://www.forbes.com/sites/robertadams/2017/01/10/10-powerful-examples-of-artificial-intelligence-in-use-today/

https://medium.com/cityai/thinking-with-technology-the-rise-of-ai-in-the-modern-world-a7566740581f

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