ABSTRACT
In this evolving world, Artificial intelligence has constantly changed the innovation styles, creativity and originality aspects. The technological landscape has been immensely impacted by Artificial Intelligence. This had posed questions on traditional intellectual property rights protections such as copy rights and patents. This article aims to answers the questions of criminal liability that arises out of AI generated content, who owns the creation made by AI? and the impact of AI growth on intellectual property rights.
INTRODUCTION
With the introduction of artificial intelligence several industries have been transformed resulting in mammoth change in the opportunities and challenges in the intellectual property legal framework. AI is widely used in areas such as healthcare, finance, entertainment and others, increasing efficiency, productivity and innovation in areas such as data analytics, predictive models and personalised services. With advances in machine learning, neural networks, and data analytics, the rapid development of AI technology has led to creative and imaginative results that defy conventional notions of human invention. This intersection of IPR and AI has led debate upon the traditional protection of ipr such that of copyright and patents amongst others.
WHAT ARE INTELLECTUAL PROPERTY RIGHTS?
Intellectual property rights refer to the legal rights vested in an individual or an organisation to protect their intellectual property or creation. They are the protection granted for the creator for the protection of their creation.
The following are the certain types of intellectual property rights:
- PATENTS : Patent is a tool which protects the invention of the creator and the creator an exclusive right over the creation. It prevents people from selling, copying or using it. Such right is given for a period of twenty years thereafter , the inventor has to renew the patent.
- COPYRIGHT : Copyrights protect the original work of authorship, be it, music, literary , dramatic, artistic and give the creator sheer right to reproduce, perform and display it.
- INDUSTRIAL DESIGN: Industrial design maintains the visual appearance or decorative features of the product. The types used in this article may include configurations, patterns or decorations.
- TRADE SECRETS : They protect confidential information that gives a business a competitive advantage. This may include formulas, processes, techniques, or other information that is generally unknown or readily identifiable to others and is subject to reasonable efforts to maintain confidentiality.
- TRADEMARKS: Trademarks protect symbols, names, logos and slogans that distinguish goods or services from others. Trademark rights allow the owner to prevent others from using a confusingly similar mark in commerce, thereby protecting the reputation and goodwill associated with the mark.Intellectual property rights promote innovation, creativity and economic growth.Intellectual property rights play a significant role in promoting creativity and innovation thereby contributing to the economic growth of the country. These rights provide legal remedies to the creators and guarantee their ownership.
What is Artificial Intelligence?
Artificial intelligence refers to computer systems that are capable of performing tasks which historically were done by humans such as speech recognition , decision making , reasoning. AI is an umbrella term which encompasses deep learning, machine learning and natural language processing (NLP).
- Deep Learning: Deep learning is a subset of machine learning. it uses neural networks to learn from data. It enables the computer systems to autonomously uncover patterns and make informed decisions from large amount of unstructured data. the neural network consists of interconnected nodes or neutrons that collaborate to process input data.
- Machine Learning: Machine learning is a branch of artificial intelligence which particularly focuses on developing models and algorithms that let computers learn from data. Tasks such as recommending is done by the machine algorithm of AI that is machine learning. For instance, any recommendation by Netflix or any suggestion that we get on the web is a result of machine learning.
- Natural Language Processing: This mechanism helps the computer system to understand human language and even generate it.
Artificial intelligence in the recent years has been the greatest innovation in the recent times. It has completely transformed several fields and continues to evolve. From providing human like content to recommendation, AI has aced it all.
DATA OWNERSHIP AND AI PROTECTION
The speedy advancement in the Artificial Intelligence has raised serous questions regarding infringement of the intellectual property rights. A report of World Intellectual Property Rights Organisation asserted that recently there has been an increase in the AI related applications in field of telecommunication, transportation , life and medical sciences.These patents have involved technology relating to natural language processing, speech processing and computer vision.
The current IP laws lack the space to accommodate Ai related content as such systems are so vague that they can’t be accounted for. Therefore, Therese difficulty in patentability of AI systems that aren’t the subject matter of the IP laws. However, IP regulators in various countries have tried to address this practical issue of patentability, by issuing guidelines on these new AI systems thereby, ensuring patentability.
Another issue, Who is the owner of AI generated content?
For a fact, AI can certainly be treated as the creator or author of innovations. There are plethora of independent acting computer systems that more ubiquitous in the society. This gives rise to questions of copyrightability and patentability. The current IP laws grant protection to legal personhood whether corporate or natural. Thus, AI is precluded from grant of such protection.
CONCLUSION
AI and IPR are two field have an important intersection, and it has its own set of challenges and opportunities related to copyright, trademark, trade secrets, industrial design and patents. It also raises questions on rights regarding inventions by AI , ethics and policy framework. There shall be laws that shouldn’t be rigid in nature so that account for the evolving change in the technological space.
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