Introduction
The term artificial intelligence (AI) was initially used in 1956 by American computer scientist Professor John McCarthy, who described it as “the science and engineering of making intelligence.” Artificial intelligence (AI) has grown to be a vital tool in many technical applications in the modern world, and it is extremely important. It has been utilized almost everywhere in the world, automating the majority of tasks and reducing the need for human participation to guarantee effectiveness and remove mistakes. Global recognition has been given to AI’s contribution to creativity and innovation. Our everyday lives have changed as a result of its use in several fields, such as education, industry, transportation, entertainment, and medical science. The line between humans and robots is becoming increasingly blurred as machines acquire human-like abilities.
Lawyers now have the chance to increase their productivity and concentrate on more strategic work thanks to technological advancements in the legal industry. In the field of intellectual property (IP), its quick development has also brought up both new opportunities and difficulties. AI and intellectual property have produced new works in the modern era as a result of several developments and changing patterns. The rise of new business models, digital technology, and the growing significance of intangible assets have all put old ideas of IP protection to the test. It is the cause that made a reassessment of the current IP frameworks necessary.
Artificial intelligence has a big influence on several forms of intellectual property rights in the legal field, including copyright, trade secrets, patents, trademarks, and designs. Tasks that were formerly completed by people, such as evaluating documents and contracts, conducting legal research, and analyzing vast amounts of data, are now carried out by AI. Notwithstanding the many benefits of AI in the legal domain (IP), several issues about the ownership and authorship of the produced works, as well as its effects on copyright, trademark, trade secrets, and patent laws, cannot be disregarded. This article’s main goal is to examine how artificial intelligence (AI) affects intellectual property rights and the difficulties it presents for protecting them.
The Relationship Between Intellectual Property and AI
The term artificial intelligence refers to a group of technologies that can carry out activities that normally call for human intellect. Two essential subsets of artificial intelligence are machine learning and deep learning, which allow computers to learn from enormous volumes of data and come to well-informed conclusions. In the IP industry, these AI technologies have begun to play a significant role.
IP and AI interact in amazing ways. Both creating intellectual property and acting as a watchdog for IP rights are two of its twin capabilities.
For example, machine learning algorithms can provide original ideas and solutions that can qualify for patent protection. These algorithms may be used to simultaneously detect potential patent violations and fake goods.
Impact of AI and IP Laws
The way individuals operate has changed significantly as a result of artificial intelligence. In a similar vein, its application to intellectual property has grown in popularity. The ability of AI to produce original work makes it one of the most significant uses of AI in IP. AI is concerned with carrying out tasks using intelligence techniques such as linguistic intelligence, reasoning, machine learning, problem-solving, and perception. Comprehensive searches of current IP databases may be carried out more quickly and precisely with the aid of AI-powered algorithms. In addition, it aids in the analysis of technical data and papers to identify pertinent work that has already been done to stop copyright violations.
Ownership and Authorship
The question of authorship and ownership of works produced by AI is one of the most significant legal issues that AI presents to intellectual property. As was previously said, artificial intelligence (AI) can be used to produce highly creative original work, however, the question of “Who owns that work?” arises about the person who instructs the AI system to produce the work (the user), the AI system’s developer, or the AI system itself. Traditional intellectual property law holds that the author or creator of a work is its only owner; however, AI-generated art does not fall under this definition.
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, 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.
Other challenges presented by AI in protecting intellectual property include deepfakes, altered material, automated content creation, and data privacy and security. Furthermore, the use of AI raises a number of ethical issues; as a result, it is necessary to develop suitable frameworks in order to balance the advantages of AI with the preservation of intellectual property rights.
AI and IP Infringement Detection
Another advance of this industry is the alertness of AI technology in identifying IP violations.
- AI may be used in several ways to safeguard intellectual property rights:
They may keep a close eye on the market for fake goods by using AI-powered tools that search the internet for fake or replica goods and alert them to any intellectual property violations. A company’s income and brand reputation are safeguarded by this proactive detection.
- Unlawful uses of protected content can be detected by artists and creators:
AI can detect unlawful use of copyrighted content, such as music, images, and movies, by recognizing patterns. This empowers authors and artists to defend their creations and seek redress for copyright violations.
- By identifying possible infringements early, patent holders can save important resources:
AI can notify organizations about potential patent infringements and enable them to take preventive action by routinely scanning patent databases and comparing them with a company’s portfolio.
Image recognition algorithms, which may search the internet for photos that violate copyright restrictions and notify the IP holder of any violations, are an example of this in action.
Conclusion
Particularly in the area of intellectual property, artificial intelligence has significantly advanced the legal system. It also brought with it several difficulties, including copyright and ownership issues. It is essential to manage the challenges and make sure that IPRs are safeguarded as AI develops. AI is protected under the Doctrine of Fair Use or Fair Dealing, which allows anybody to use any work covered by the act’s copyright laws in a limited manner while preserving the work’s uniqueness and distinctive qualities.
Contributed By: Arzoo Kala (Intern)