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Date 2023-02-11

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Author Details- Sakshi Roy B.B.A. LL.B. 2nd Year

Bharati Vidyapeeth Deemed to be University New Law College, Pune

Title- Significance of Artificial Intelligence in IPR

Meta Title- Legal Status of Artificial Intelligence
in the field of IPR

Image-

Meta Description-

Systems for protecting intellectual property (IP) are intended to encourage human invention and creativity. One of the
defining traits of the human species up until very recently was this invention and creation. Globally, the use of artificial
intelligence (AI) is expanding exponentially. The issue of managing IP in AI is raised by this boom. Discussions and
moderating have taken place, but no conclusion has been reached. The issue of whether the work created by an AI should
receive a special status still exists. When it comes to the control of IPR in artificial intelligence, there are a few oddities. The
ownership of patents and copyrights is in doubt, and there are serious concerns about the consequences of violation. With
the development of technology, there is no certainty on the law, despite existing international agreements and
conventions.

Introduction-

of technology, artificial intelligence is a booming sector in the entire world. Significant improvements in
In today’s world
innovation and business are being driven by artificial intelligence (AI) in an ongoing manner. It is used in a variety of
projects and has an impact on almost every aspect of development. The availability of a wealth of preparation data and
improvements in reasonably high processing power is fostering the growth of AI. Multiple techniques exist for simulated
intelligence to interact with the protected invention.

financial reward for intellectual labour, and AI has emerged as a
IPR is a crucial tool to safeguard innovation and ensure
new facet. The World Intellectual Property Organization (WIPO) classifies AI into three categories: natural language
systems, perception systems, and expert systems. Expert systems are used to address problems in a particular field of
knowledge, such as the treatment of medical disorders. Presently, there is not any specific law which is governing the role
of self-involvement of Artificial Intelligence (AI) in innovations.
However, there have been some legal developments regarding the topic over time. Specifically, trademark, copyright,
and patent laws must be reviewed in light of the expanding and quick adoption of AI.

Keywords-

Artificial Intelligence, Intellectual Property Rights, Protection, Innovation

Current Scenario of IPR in the sector of Artificial Intelligence-

The creativity and expertise displayed by AI systems are readily apparent to the world, and concerns about IP protection
have undoubtedly arisen in the thoughts of those who uphold intellectual property rights. In light of this, we should

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consider the purposes of copyright and patent laws in more detail regarding AI Technology. These days, some robots
produce extremely original works that, if they had been produced by people, would unquestionably qualify for copyright
protection. This necessitates a review of copyright guidelines for AI systems globally.

A San Francisco court recently ruled in Naruto v. Slater, 2018 that animals lack locus standi under the Copyright Act to file a
lawsuit for infringement since they are not humans. The bench of District Judge Eduardo C. Robreno, Circuit Judges Carlos
T. Bea and N. Randy Smith, when deciding whether a monkey can file a lawsuit for damages and injunctive relief for
copyright infringement, the court held that the monkey in particular and all animals, in general, lack the statutory locus
standi under the Copyright Act, 1957 because they are not humans, despite having constitutional standing under Article III
of the US Constitution. The Court held that Naruto the monkey cannot bring a copyright infringement lawsuit because the
Copyright Act does not expressly permit animals to do so.

The scenario for AI systems is similar now that copyright for animals is not an issue. Many copyright offices worldwide do
not yet register machine-produced works. In the context of patent laws, a related problem has emerged. If the machine
meets the requirements for novelty under patent law, questions about ownership of such inventions will undoubtedly
come up. Additionally, can machines or robots be given ownership of new inventions? How can infringement and damages
be established if AI copies a work of art or invents something? These are a few of the controversial issues arising out of
Intellectual Property Rights and AI. During the Gulf War in 1991, American soldiers deployed DART. It was a scheduling and
planning tool for automated logistics. The self-driving automobile STANLEY won the DARPA Grand Challenge in 2005.
Sophia, a humanoid robot, acquired Saudi citizenship in 2017. This sparked debate over whether AI devices should have
the same rights as people.

The idea of artificial intelligence has been around for more than a century. Robots and artificial humans were initially
mentioned in ancient Greek tales. Since then, there have been numerous significant developments in the field of artificial
intelligence, including the development and refining of the Turning Tests, which evaluate Alan Turning's insight, and ELIZA,
a distinctive language used in PC setup. In retrospect, the last three decades have been important for AI.

Numerous protected innovation laws could have an impact on how AI functions in India. According to Indian Copyright
law, a work must first demonstrate a certain level of creativity to qualify for copyright insurance. There is no definitive point
at which it can be said that an AI cannot muster the tiniest amount of inventiveness necessary. The next condition that
must be met by an AI in terms of the ownership of works is the requirement to be considered a creator as defined by the
Copyright Act of 1957. This would be challenging because it is generally accepted that an AI cannot have a real personality.
According to the Copyright Act of 1957 Section 2(d): 2. (d) Author means: (vi) the person who causes any computer-
generated literary, dramatic, musical, or aesthetic work to be created. The biggest problem with the

References-

1. https://www.wipo.int/about-ip/en/artificial_intelligence/policy.html

2. Naruto v. Slater 888 F.3d 418 (9th Cir. 2018)

3. https://link.springer.com/chapter/10.1007/978-3-540-73429-1_1

4. https://economictimes.indiatimes.com/defaultinterstitial.cms

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