Author: Visheshta Kalra, V year of BBA.,LL.B.(H) from Amity Law School, Noida
Co-author: Ritwik Prakash, V year of B.Com.,LL.B.(H) from Amity Law School, Noida
Artificial intelligence, which once seemed like a distant dream, has now crossed over from science fiction movies into our reality and in the last few years has gained momentum and made great strides in almost every field. No part of artificial intelligence remains untouched, and intellectual property rights are no exception. The influence of artificial intelligence on intellectual property rights, on the one hand, a novelist has the right to record existing inventions, as well as his ideas and more. Provide a mechanism, but on the other hand artificial intelligence may be a threat to novelty and creativity. Intellectual heart and soul.This paper will examine in detail the impact of artificial intelligence on intellectual property rights, the advantages and disadvantages of artificial intelligence on creativity and innovation. It also examines the future field of artificial intelligence in intellectual property rights.
Keywords: Artificial Intelligence, Intellectual Property Rights, Copyright Law, Patent Law
In recent years we have witnessed an unbridled growthof artificial intelligence (referred to as AI in this document), and it is something capable of performing simple tasks such as calculations perform really simple tasks complex. Put simply, AI will be able to do everything a human can do and even more in the near future. There is still a lot of ambiguity surrounding AI, and the pros and cons of AI is one of the most debated topics these days. Although there is no universally accepted definition of AI, the most basic understanding is that it is about the development of machines and software that can perform functions that generally require human intelligence.
No There is no doubt that the field of intellectual property is not affected by AI and that the intersection of AI and intellectual property could be two facets. On the one hand, it can be an advantage in the field of intellectual property, but it can also pose a threat.
This document discusses in detail the impact of AI on intellectual property with particular reference to copyright, patents and traditional knowledge, and also discusses in detail liability in the event of infringement of intellectual property rights.
FUTURE OF ARTIFICIAL INTELLIGENCE
At present, the AI has been able to perform the tasks related to human intelligenceand the research and development on the AI is still ongoing and the functions that the AI will in near Future can run Future The future is beyond imagination. But if we talk about the advantages, we must not forget that in the end it is about a machine and for a machine, and there were cases when the machine was removed from the programmer's control, and began to perform tasks on its own. Well, these tasks can be constructive or destructive, but it becomes difficult to control the AI machine or program when it starts to perform actions on its own and goes beyond the programmer's hands. Although A lot has happened in the field of artificial intelligence, but there are still many ambiguities that still prevail and there is hope that in the near future this will be resolved in and we will have a clear roadmap on how far AI in the People can act in life andalso in inventions.
ARTIFICIAL INTELLIGENCE AND COPYRIGHT
In general, copyright is a right granted to someone who has created their original work, and the work can be a literary work, song, any softwareetc.
Although the intersection of AI and copyright is not new and has been going on for many years, there was previously no dispute as to who will own the copyright of the work because the program or machine only functioned as a tool to create this work like pencil and paper and the idea or the work belonged to the programmer but with the advancement in AI and as we create machines with human intelligence capable of creating an original work by themselves , then the question is who will have the copyright, it asks whether the copyright goes to the programmer or to the AI machine or the program. Machine learning is something within the purview of AI that involves feeding data into the machine or program and enabling the machine AI to create original work done by Humans are independent.
Therefore, the growth of AI has also led to many ambiguities regarding copyright and there is a need for clear rules and guidelines, otherwise there is a high likelihood of dispute.
ARTIFICIAL INTELLIGENCE AND PATENT
The interface between artificial intelligence and patent law is currently picking up speed. Although on the one hand AI will prove to be an asset to patent protection, patent research, patent search tools and also to inventors by giving them an early idea if a similar system exists. idea or not. The patent is about invention and innovation, and AI capable of human intelligence can make inventions without human input or intervention. When it comes to patents and AI, we need to look specifically at certain areas like:
Weapons: there is a global movement in warfare using AI machines and programs. While the dispute over how AI is regulated under international humanitarian law is not beyond the scope of this document, the issue that when an AI machine or program makes a weapon, there is ambiguity as to who is doing it becomes. received the patent for it.
Medicine/Pharmaceutical: When it comes to patents, the pharmaceutical industry or inventions, drugs are the top priority. Now, if there is a situation where the AI successfully produces a drug, a patent problem arises. For example, in the current situation where the whole world is looking for a vaccine against the global pandemic coronavirus and if in such a situation an AI machine invents a vaccine for it, there will be a lot of ambiguity about who will have the patent. of the vaccine, whether it goes to the machine or the AI program, or to the programmer who created that machine, or to the buyer of the vaccine. Unless this issue is resolved, it cannot be determined how and at what cost the vaccine will be made available to other nations. It is therefore necessary to nip these problems in the bud.
Road Safety:Many programs are developed to ensure road safety, but the number of road deaths cannot be ignored either. There is a possibility that AI can find a solution to this, where we can prevent the loss of human life, in the same way that self-driving cars can be invented. Apart from that, there are companies that are already working on this aspect of road safety and are using AI. Like Microsoft is developing facial recognition software that monitors driver behavior and can generate a timely warning to avoid accidents.
New Technologies: We invent many inventions every day and patent law is about innovation and invention. As discussed above, in the case of an invention of an AI machine or a programmer, a clear picture is needed of who holds the patent, whether the patent belongs to that machine or goes to the programmer.
ARTIFICIAL INTELLIGENCE AND TRADITIONAL KNOWLEDGE
Traditional knowledge is something (perhaps a skill or some know-how or practice) acquired or followed from time to time. Knowledge is passed from one generation to another generation by this community. There may be instances where the AI can violate traditional knowledge by using summaries of traditional knowledge already available.
So, in light of the discussion mentioned above, there could be a possibility that the machine or the program of artificial intelligence could violate traditional knowledge that is part of the rich heritage of many communities.
LIABILITY OF INFRINGEMENT
This is one of the most debated topics as to who is liable when there is violation of Intellectual Property Rights through an AI gadget. Whether the programmer could be accountable or whether or not the gadget could be accountable or whether or not all and sundry else could be accountable. There is still ambiguity concerning this aspect.
If the programmer is aware that the machine tends to infringe intellectual property rights, then in that case the responsibility lies with the programmer since he was aware of the infringement behind the creation of that program or machine. However, in the event that the programmer has no knowledge or intent to infringe the intellectual property rights, and yet the machine or AI program infringes the intellectual property rights, it willbe difficult for to determine who is responsible .
Therefore, this is another aspect that is ambiguous, and there is a gap that needs to be filled in order to determine the responsibility of the machine or the artificial intelligence program. If the offense is such as to give rise to criminal liability, how will the AI be individually criminally liable?
As we noted above, the issue of liability is a matter of concern and should be else it would lead to much argument and confusion.
There is no doubt that artificial intelligence can prove to be an advantage in the field of intellectual property rights to a certain extent, since it can make many inventions that can cost and help any human being years. in the progress of nations, but then there are many gaps and ambiguities regarding the use of artificial intelligence in intellectual property rights, but AI can also pose a threat as there are problems in determining responsibility in case of infringement. Guidelines and rules are needed regarding artificial intelligence and how liability is determined. It also needs to be clarified who will own the copyrights, patents or other intellectual property rights to the work or invention of the AI.
Therefore, artificial intelligence is still in a very early stage and shows great growth is expected. and the debate on the impact of artificial intelligence will never end, either in any sector or specifically in relation to intellectual property rights,until rules are established on the use of AI, their responsibilities and the extent AI is allowed to intervene.A roadmap for AI, its operation, control and accountability is urgently needed given the speed at which AI is growing today.
In short, AI is very beneficial when under the programmer's control, but the moment it starts to work independently without external control, it could pose a threat not only to the intellectual property area , but also for everyone in general.