This article is written by Arti Sharma of Army Institute of Law, Mohali, an intern under Legal Vidhiya.
World Intellectual Property Day, which falls on April 26th, is an occasion to acknowledge the vital role that intellectual property (IP), which offers incentives and assistance to creators across the globe, plays in promoting innovation. Our society’s ability to innovate and bring novel ideas to the market plays a major role in determining its progress. But as artificial intelligence (AI) systems—particularly generative AI—have grown more and more prevalent, new opportunities and difficulties have also surfaced. With text makers like Chat GPT able to produce essays, and poems, and even pass difficult legal and medical tests more quickly than humans, Artificial Intelligence (AI) generative technology has resulted in revolutionary developments. Additionally, these algorithms are capable of producing incredible artwork in a matter of seconds, frequently accurately replicating the styles and works of well-known painters, even surpassing the quality and speed of human counterparts.
Artificial Intelligence, Intellectual Property Rights, Cybersecurity, Copyright, Trade secret, Patentability.
The incredible advancements in technology over the past few decades have had a profound impact on how we work, live, and communicate. One invention that has piqued the fascination of both researchers and laypeople is artificial intelligence (AI). Artificial intelligence (AI) is a subfield of computer science that is pervasive in modern life and focuses on creating intelligent machines that can mimic human cognitive functions. AI is predicted to continue revolutionizing an extensive spectrum of industries, including voice assistants, recommendation engines, self-driving cars, and medical diagnostics.
The main objective of artificial intelligence is to build systems that are competent for doing tasks that have historically required human intelligence. It encompasses a wide range of tools and methods, including machine learning, computer vision, robotics, and natural language processing. Thanks to these advancements, computers can now analyze massive volumes of data, identify patterns, and make well-informed decisions or predictions—often surpassing human capabilities. We can solve complex problems, enhance processes, and open up new opportunities by leveraging AI across a variety of industries.
It seems like AI has infinite possibilities. It has enormous potential to improve customer service, boost innovation, improve cyber security, revolutionize transportation, and change healthcare, among many other areas. We are already seeing notable advancements in these fields, proving the real advantages artificial intelligence (AI) can have for society. But like any revolutionary technology, AI also brings up significant issues and worries that need to be resolved to guarantee its responsible and moral application.
EVOLUTION OF ARTIFICIAL INTELLIGENCE (AI)
Over several decades, the development of artificial intelligence (AI) has been an exciting journey. From its inception as a theoretical idea, artificial intelligence has developed into a vital aspect of modern life. Here is a quick summary of the significant turning points and advancements in the development of AI:
· Early Beginnings (1950s–1960s): When scientists started investigating the possibility of building robots that could behave intelligently, the field of artificial intelligence (AI) was born. By developing the Turing Test and establishing the idea of machine intelligence, visionaries like Alan Turing and John McCarthy set the foundation for artificial intelligence.
· Symbolic AI (1960s–1980s): Symbolic or rule-based algorithms were the main focus of AI research during this time. AI systems were created to work with symbols and carry out tasks requiring logical thought. Expert systems acquired notoriety by capturing the expertise of human specialists in particular topics. Symbolic AI proved to be limited, though, as it had trouble managing uncertainty and was unable to learn from data.
· Neural networks and connectionism (1980s–1990s): Inspired by the way the brain of an individual functions, researchers focused on neural networks. Artificial neurons arranged in layers for processing and acquiring knowledge from data are called neural networks. As a result, return propagation methods for neural network training were created. Neural networks encountered difficulties despite their early excitement because of their low processing capacity and insufficient training data.
· The AI Winter (1990s–2000s): The 1980s saw great hopes for AI tempered by the decade’s setbacks. The “AI winter” is a result of a fall in funding and interest in AI research. There was little progress and a lot of AI initiatives were shelved or delayed.
· Large Data and Machine Learning (2000–2010s): AI had a resurgence due to the advent of large data and improvements in computing power. Research was conducted on neural network techniques, enabling systems to learn on their own from data not being explicitly written. Supervised, unsupervised, and reinforcement learning algorithms gained popularity. Advances in the processing of natural language, recommendation systems, and picture and speech recognition fueled the growth of AI applications.
· Neural networks and deep learning (2010s–2020): As a subfield of machine learning, deep learning has made remarkable strides recently. In many different applications, such as natural language processing, computer vision, and speech recognition, multiple-layer neural networks with deep layers have shown exceptionally good performance. As architectural models, recurrent neural networks, or RNNs, and convolutional neural networks (CNNs) are becoming more and more common. GPUs, or graphics processing units, are examples of cutting-edge gear that helped speed up deep learning training.
· AI in Daily Life: AI has impacted many facets of our day-to-day existence. AI algorithms are used by virtual assistants such as Siri, Alexa, and the Assistant from Google to comprehend and reply to customer inquiries. Our online experiences are personalized by recommendation engines driven by AI. Artificial Intelligence is being used in self-driving automobiles, smart home appliances, and healthcare applications to increase productivity and convenience.
· Ethical and Societal Considerations: As AI grows in strength and influence, ethical and societal issues are becoming increasingly important. It is now essential to have conversations about prejudice, justice, privacy, responsibility, and transparency in AI systems. Making sure AI is developed and used responsibly and ethically has become a top responsibility. It’s critical to remember that artificial intelligence is a developing science whose future is still being shaped by fresh developments. More advances in AI are probably in store for the future in fields like explainable AI, AI ethics, reinforcement learning, and how AI interacts with other cutting-edge fields like robotics, quantum computing, and augmented reality.
TEN INNOVATIVE DEVELOPMENTS IN ARTIFICIAL INTELLIGENCE
- Automation of Intelligent Processes (IPA)
Businesses can use an AI capability called Intelligent Process Automation (IPA) to automate the analysis of unstructured data. Although unstructured data is harder for robots to comprehend than structured data, most data that is received from the real world is unstructured.
- AI in the Medical Field
Among the most notable sectors in the world of employment is the healthcare sector. Technology is rapidly changing the healthcare industry, and artificial intelligence (AI) is now providing meaningful and accurate support to the industry.
- The Internet of Things (IoT) with AI
A technique called the Internet of Things (IoT) connects a lot of physical devices to the Internet so that data may be collected and shared. Along with AI, IoT has performed wonders in the field of technology. Automation has reached new heights thanks to a number of goods like Google Nest, smart plugs, locks, and other devices. It is a potent technological advancement in the business domain and a business solution. It is believed to understand and provide for human needs.
- Artificial Intelligence in Smart Finance
In the world of finance, artificial intelligence is proving to be revolutionary. The following are some rapidly developing AI applications:
- Natural Language Processing (NLP), a branch of machine learning that enables computers to comprehend and work with human-spoken language, is currently employed by 60% of businesses.
- Currently, machine learning is being used by 70% of businesses to solve business problems.
- Leading financial services companies’ AI initiatives are increasing their overall revenue by 19%.
- With departments likely to follow, 49% of frontrunners have a complete implementation of an AI plan in place, giving them an immediate scale and speed advantage over rivals.
- Three times as many early adopters as late adopters, or 45% of AI frontrunner firms now invest over $5,000,000. in AI projects.
- AI in Vehicles
Now that artificial intelligence has advanced, cars are autonomous. These days, drivers do not need to intervene in order for cars to function. The car can have up to six different automation levels installed.
- AI for Chatbots and Virtual Assistants
Everyone has heard of chatbots, which are incorporated into numerous websites to assist and counsel visitors, as well as voice assistants such as Alexa, Siri, and Google Assistant. A voice assistant is a piece of software that understands and reacts to spoken instructions from the user using natural language processing (NLP), artificial intelligence, and speech recognition.
- Artificial Intelligence in Processors
Artificial Intelligence and similar technologies are reasonably easy to integrate into projects and jobs since low-cost processors are widely available. Numerous companies, such as NVIDIA, AMD, and Qualcomm, offer AI-enabled processors or chips, which help to improve all corporate activities.
- Quantum Artificial Intelligence
Artificial Intelligence has been instrumental in driving the advancement of quantum computing. Artificial intelligence develops practical applications using classical computers, but it is limited by the computational power of these machines. Artificial intelligence may be given a computational boost via quantum computing, enabling it to tackle more challenging problems. Quantum AI is the application of quantum computing to the computation of machine learning algorithms.
- Artificial Intelligence for Cybersecurity
These days, cybersecurity is crucial as most significant data is kept online by corporations and other organizations. Even an individual may have a lot of personal information, such as documents, passwords, and pictures, saved online. Although it is more accessible and easier, there is a chance that data will be compromised and leaked. Because all of a business’s important databases—including financial, plan, and personal information—are stored online, internet security is a must for all businesses. Cybersecurity is one of the most important applications of AI since it is a need for all enterprises.
- Automated Robotic Process (RPA)
The technology known as robotic process automation (RPA) makes it possible to design, implement, and oversee software robots that replicate human gestures while interacting with software and digital systems. RPA is being used by several companies to enhance their operations. Repetitive tasks can be managed and automated with RPA. It can assist in repeating any work several times a day and free up human resources for other beneficial endeavors.
ABOUT INTELLECTUAL PROPERTY LAWS
Intellectual property rights, or IPRs, are a collection of legal protections awarded to people or organizations to prevent infringement on their ideas or creations that are the outcome of their creative or intellectual endeavors. Intangible assets including innovations, creative and written works, characters, develops, and names of businesses are all considered forms of intellectual property. Trade secrets, industrial designs, trademarks, patents, and copyrights are the most prevalent forms of intellectual property rights. IPR gives creators, inventors, and innovators complete ownership over their intellectual works in an effort to preserve and honor their labors and financial commitments. They can manage and earn money from the use and commercial utilization of their works thanks to these rights. IPR fosters innovation by offering legal protection, which incentivizes people and institutions to fund R&D and creative endeavors.
TYPES OF INTELLECTUAL PROPERTY RIGHTS
Patents: Patents give inventors the sole right to their creations and the authority to bar anyone from producing, utilizing, exporting, or selling the innovation without the creator’s consent. Typically, they are awarded for a maximum of 20 years following the time of filing.
Copyrights: Copyrights give the creator the sole right to reproduce, distribute, exhibit, perform, and alter their original literary and artistic works, including books, music, movies, paintings, software for machines, and architectural designs. The author’s lifespan as well as a predetermined period following their passing (sixty years) are covered by copyright.
Trademarks: Trademarks are unique characters, logos, names, or phrases that are used to identify and set one company’s goods and services apart from another. Owners of trademarks have the only authority to use and defend their marks, and they have the power to stop third parties from utilizing marks that are confusing to customers. Trade secrets are important and sensitive commercial information that gives an organization a competitive edge. Formulas, production procedures, client lists, marketing plans, and other confidential data are among them. Trade secrets depend on keeping them hidden and are not publicly disclosed, in contrast to patents or copyrights. As long as the information is kept private, trade secret protection may last indefinitely.
Industrial Designs: Industrial designs guard a product’s distinctive visual elements and eye-catching aesthetic qualities, such as color, pattern, shape, or arrangement. They also stop illegal replication or duplication of a product’s visual style.
Geographic Indications: By prohibiting unlawful use of geographical designations by others, geographical indications (GIs) safeguard the reputation and uniqueness of regional items, such as wines, cheeses, textiles, or handicrafts, by identifying goods that originate from a particular geographical region and show qualities, goodwill, or characteristics attributable to that location.
Plant Varieties: New plant varieties that pass stringent testing and are stable, unique, and uniform are protected as plant varieties. The sole right to produce, sell, and distribute the protected variety is provided to plant breeders.
LAWS RELATING INTELLECTUAL PROPERTY RIGHTS IN INDIA
The Indian patent system is governed by the Patents Act, 1970: It stipulates that innovators will be granted the exclusive right to their inventions, provided that they are new, require an inventive step, and have practical industrial applications.
The Copyright Act of 1957: This law safeguards computer software as well as unique literary, artistic, musical, and cinematographic works. It gives authors the only authority to copy, distribute, perform, and interact with the public on their creations.
The Trademarks Act, 1999: This legislation controls trademark protection and registration in India. It grants trademark owners exclusive rights, enabling them to make use of and defend their marks against illegal use by third parties.
Geographical indications (GIs): In India can be registered and protected thanks to the Geographical Indications of Goods Act, 1999. It protects the distinctive features and standing of goods connected to a particular area.
The Designs Statute, 2000: In India, this statute governs the protection and registration of industrial designs. It gives inventors of new and creative designs applied to manufactured goods the only right to use their creations. An industrial design can only be protected for a maximum of 15 years.
The Semiconductor Integrated Circuits Layout-Design Act of 2000: gives artists of integrated circuit layout designs ten years of exclusive rights and safeguards those designs.
RELATIONSHIP BETWEEN ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY RIGHTS
Although there are many ways to balance the two, the relationship between intellectual property (IP) and artificial intelligence (AI) can be complicated.
Using IP to protect AI: AI is susceptible to intellectual property rights, including patents, copyrights, and trade secrets, just like any other invention. This may promote creativity and funding for the study and advancement of AI.
Taking care of ownership and licensing: A team or in cooperation with others must establish ownership and licensing deals when developing AI. By doing this, you can make sure that the authors and other contributors get the credit and money they deserve for their contributions.
Handling data and privacy: Artificial intelligence frequently uses vast volumes of data, some of which contain sensitive personal data. It’s critical to appropriately manage and safeguard this data.
Thinking about the ethical ramifications: AI can have serious social and ethical ramifications, including bias, discrimination, and job automation. It’s critical to take these ramifications into account and make sure AI is created and applied in an honest and accountable way.
In general, a thorough examination of legal, ethical, and practical considerations is necessary to strike a balance between AI and intellectual property. We can construct a sensible and long-lasting strategy for the advancement of artificial intelligence and creativity protection by tackling these problems and encouraging responsible innovation.
PATENTABILITY OF INVENTIONS BY ARTIFICIAL INTELLIGENCE
In order to receive a patent, a number of requirements have been outlined under the TRIPS agreement and other national legislation. These requirements include the following:
- Topics Covered by Patents
- Innovative or Inventive Steps
- New or Novel Invention
- Application in Industry
As per many statutes, reports, and rulings from the esteemed Supreme Court and other relevant authorities, the widely acknowledged notion is that an individual is the exclusive proprietor of all patents within the nation. As a result, AI and related tools cannot be granted the status of a juristic or artificial person. This opinion was supported by the historic ruling of the Hon’ble Supreme Court in Som Prakash Lekhi V. Union of India, which held that AI cannot be regarded as a juristic person and that the law cannot ascribe duties to it because it does not meet several requirements, including the ability to sue or be sued. As a result, no AI-generated content is eligible for patent protection.
A human role and intervention are prerequisites for obtaining a patent, hence to secure a patent for AI-generated material or uniqueness, it would be essential to have a human intent behind it which makes it eligible to get a patent.
COPYRIGHT PROTECTION OF INVENTIONS BY ARTIFICIAL INTELLIGENCE
Since the emergence of AI platforms that create content in the technology sector, one of the main challenges in protecting AI-generated material is navigating the boundaries of copyright laws.
Regarding the legal standing and protection afforded to content created by artificial intelligence, Indian courts have said nothing. Since the artificially generated content was created by infringing upon an already copyrighted work, several obstacles exist to overcome before offering ownership or authorship rights. In particular, granting protection to artificially generated information would violate the copyrights of the parties who already hold authorship rights over the content.
Second, AI lacks the locus standi to sue anyone and is unable to be sued in its own name because it is a non-juristic person. Therefore, the legislature would need to decide on artificial intelligence’s legal position before it could decide whether to grant copyright to content created by AI. Finally, because artificial intelligence exists forever, the 60-year rule that governs the copyrights of artistic or literary works and grants protection only for 60 years after the death of the author will not apply to it, negating the whole point of extending copyright protections.
ISSUE GOVERNING TRADE SECRET AND CONFIDENTIAL INFORMATION
Trade secrets and sensitive data are among an organization’s most valuable assets nowadays. The content created by applying different arithmetic algorithms may result in the breach of sensitive and confidential data, exposing users to the risk of lawsuits and violations of the intellectual property rights of the content’s holders. This is because the limitations of artificial intelligence are typically not clearly defined.
Second, the disclosure of private and sensitive data, including trade secrets, consumer information, healthcare information, and other specifics, could have a negative effect on people’s lives and liberties as well as the economy as a whole. Organizations must protect their data properly to prevent such a compromise and firms along with barriers in the form of non-disclosure agreements with every party who would get access to the confidential data of any party.
Before any right to intellectual property can be successfully assigned to any content created through AI, several legal challenges that have arisen since the creation of AI software must be resolved. The legislative has broad authority to codify laws relevant to AI’s legal personality, and the court has broad authority to interpret such laws. Intellectual property rights have grown more complex as the current artificial intelligence system develops. As a result, it is imperative to establish appropriate policies and a system of proactive dispute resolution to protect consumer rights and enable the granting of patents, copyrights, and other rights to content created by AI. The current economic system has also included artificial intelligence (AI) more and more, thus it is imperative to improve and broaden the definition of intellectual property rights to include the field of AI and safeguard the rights of creators and innovators.
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