ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY.

Written By Srivasthan.V

Reviewed By Admin | The Legal Gazette

Published By Khushi Verma

Abstract

Artificial Intelligence (AI) and Intellectual Property (IP) are two fast-developing fields intersecting in complex and meaningful ways. As AI technologies develop and advance, they open up new opportunities and challenges to IP law. This paper addresses the interplay between AI and IP by pointing out how the scope of protection and enforcement under the area of IP has changed and what legal frameworks have to be put in place at this juncture.

Introduction

Artificial intelligence, or AI, is the simulation of human intelligence in machines that are programmed to think and learn like humans. Related technologies include machine learning, natural language processing, and robotics, among others. Such technologies are changing industries and creating new forms of intellectual property. Intellectual property (IP) refers to legal rights for the protection of creations from the mind, which include inventions, literary and artistic works, symbols, names, and images that are usedin commerce. The primary types of IP include patents, copyrights, trademarks, and trade secrets. IP laws have been enacted worldwide with the primary purpose of stimulating innovation by granting creators the opportunity to produce their innovations for a limited period.

The Intersection of AI and IP

AI technologies are both creators and users of intellectual property. For example, an AI algorithm could develop music, art, and inventions potentially subject to IP protection. At the same time, AI critically depends on massive amounts of data, which may be under IP rights. The double act of AI – as both an actor and user of IP – raises some imperative considerations with respect to the application of the IP laws. AI-Generated Works and Patent Law One of the critical challenges at the intersection of AI and IP is determining whether an AI-generated work should be able to be patented. Usually, under patent law, an invention must result from human ingenuity. Today's AI system, however, can create inventions independently without necessarily soliciting a direct contribution from a human being. Such advancements immediately beg the question of whether AI-generated inventions should be patentable and, if they are, then who should be listed as the inventor? This is a conundrum for the USPTO and other patent offices in different countries. Many experts argue that AI-created inventions should be patented, with rights residing in the inventor—that is, the human who developed the AI system. Others demand new legal frameworks that can address unique AI-generated works.

AI and Copyright Law

Copyright law gives the creators an exclusive right over their works, such as books, music, and artwork. Just like patent law, human authorship is traditionally required in copyright law. However, with the most recent advance in AI technology, it can create an original work with only a minute level of human involvement. This, in turn, poses a question of whether protection should be given to copyrighted  AI-generated works. A work of art produced by an AI system was denied registration by the US Copyright Office in 2019, which stated that under the copyright regime, only humans are considered protectable creators. Other jurisdictions, including the European Union, are working on finding ways to include works produced by artificial intelligence within their copyright system. This merely represents why a harmonisation at the international level within IP laws shall be

able to confront the challenges put forward by artificial intelligence.

Data and Trade Secrets

AI systems work best with the availability of immense datasets. Such information could be subject to intellectual property rights—copyrights or trade secrets. A key element of AI is data protection, which is associated with protection since possessing high-quality data sets becomes a competitive advantage. Trade secret laws help protect business information of a confidential nature that is not meant to be utilised or disclosed without proper authority. Companies developing AI technologies have many times taken advantage of these protections to ensure the safety of their data and algorithms. The concerns about using trade secrets are mainly due to a lack of transparency and accountability in AI decision-making. Legal frameworks and future directions. While technologies around AI continue to develop, the need for laws that take in the changes as new challenges and aim to tackle those barriers with the fusion of AI and IP has been on the top list. It is essential for such regimes to balance interests between creators and users on the one hand and the public, and on the other hand, stimulate innovation and ensure that IPlaws remain relevant in the era of AI. Some argue that the current IP laws can also be adapted or modified to meet the many challenges that AI poses on IP. Patent and copyright laws, for example, could be adapted to allow for recognition of the works created by AI. Others feel that the new legal structure must be established to handle these complexities in AI and IP. There should also be international cooperation in addressing the challenges posed by IP and AI. It is in this spirit that IP laws across jurisdictions need to be harmonised to build a predictable and efficient system of protection and enforcement, especially when AI technologies will be developed and put to use all over the world. Conclusion Their intersection is thus a fertile ground for new opportunities and fresh challenges to thelegal regime. Legal regimes have to be developed for AI technologies, which should answer peculiar issues of works and data created by the same. It is by serving these interests that such frameworks may foster innovation and ensure the continued relevancy of IP laws in this age of laws in this age of AI.