Impact of AI on Intellectual Property Practices
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Introduction
Artificial Intelligence (AI) is a word that was first coined by Professor John McCarthy, American Computer Scientist, in 1956, he defined it as “the science and engineering of making intelligent”. In today's world, Artificial Intelligence (AI) has become an indispensable tool in various technological applications, holding immense significance. It has been used in almost every part of the world, automating most activities resulting in minimizing human interventions to ensure efficiency and eliminate errors. The role of AI in innovation and creativity has been recognized worldwide. Its implementation in various sectors including education, medical science, entertainment, transportation, industry, and others has transformed our daily lives. As machines are gaining human-like skills, the distinction between humans and machines is nearly obscure.
The advancement of technology in the legal sector has opened opportunities for lawyers to improve their efficiency and focus on more strategic work. Its rapid development has also posed new challenges and opportunities in the area of intellectual property (IP). In the present time, intellectual property with AI has created new works as it witnessed various changes and evolving trends. The traditional notions of protecting IP have been challenged by the emergence of new business models, digital technologies, and the increasing importance of intangible assets. It is the reason that necessitated a re-evaluation of existing IP frameworks.
In the realm of law, Artificial Intelligence has a significant impact on different types of Intellectual Property Rights specifically copyright, trade secrets, patents, trademarks, and designs. AI is used for executing tasks such as analyzing large volumes of data, performing legal research, and reviewing documents and contracts that were once performed by humans. Despite various advantages of AI in the legal field (IP), certain questions cannot be neglected regarding the authorship and ownership of the generated works and its impact on copyright, trademark, trade secret, and patent laws. The primary purpose of this article is to explore the impact of AI on Intellectual Property Rights and the challenges posed by AI in safeguarding intellectual rights.
Impact of AI on IP Laws
The use of Artificial Intelligence has severely changed the format of how people work. Similarly, its use in intellectual property has become increasingly prevalent. One of the most important applications of AI in IP is the creation of new work as it can generate original work. AI focuses on performing tasks with the help of intelligence methods such as Reasoning, Machine Learning, Problem Solving, Perception, and Linguistic Intelligence. With the help of AI-powered algorithms, comprehensive searches of existing IP databases can be performed more efficiently and accurately. Along with this, it also helps in analyzing technical information and documents to determine existing relevant work to prevent copyright infringement. As AI technology becomes more advanced, it will likely be used more in areas related to intellectual property. This could lead to new legal issues and problems.
Ownership and Authorship
One of the most important legal challenges posed by Artificial Intelligence on IP is the issue of ownership and authorship of AI-generated works. As discussed earlier, one can generate original work with a high level of creativity with the help of AI but the question arises ‘Who owns that work?’ one who gives directions to the AI system to create the work (User), the developer of the AI system, or the AI system itself. According to the traditional intellectual property law, the creator or author of the work is considered the sole owner of the work but this is not the case with the AI-generated art.
Copyright Challenges
The ability of Artificial Intelligence to generate huge content quickly raises copyright issues as it can easily duplicate and reproduce copyrighted content such as images, texts, videos, music, etc. AI-powered systems can copy any work or art or content without permission of the owner, making it difficult to identify the original and duplicate or unauthorized work. Now, the question arises whether the content generated through AI can be copyrighted. In most jurisdictions including Spain and Germany, it has been determined that only works created by a human being can be protected by copyright. Similarly, in the M/S Kibow case, the Delhi High Court ruled that AI systems cannot be officially registered as the proprietor of a trademark. It also highlighted that the Trade Marks Act, of 1999 illustrates that only a human being can apply for and be officially registered as the proprietor of a trademark.
Automated content generation, data privacy and security, deep fakes, and manipulated content are some other issues posed by AI in safeguarding intellectual rights. Moreover, the use of AI increases various ethical concerns; therefore, there is a need to balance the benefits of AI with the protection of intellectual property rights by introducing appropriate frameworks.
Conclusion
Artificial Intelligence has brought remarkable advancement in the legal realm specifically in intellectual property practices. Along with this, it also introduced various challenges such as ownership and copyright. As AI continues to evolve, it is crucial to navigate the issues and ensure that IPRs are protected. AI gets a shield of umbrella from the Doctrine of Fair Use or Fair Dealing which permits a person to use any work protected by copyright law under the Act in such a limited way that maintains originality and proprietary of the work.
