Alliance Center for
Intellectual Property Rights
INVENTING INVENTOR: RETHINKING IP PROTECTION FOR AI CREATIONS
September 15, 2023
* Varun Kumar
** Riddhi Goyal
INTRODUCTION
The rise of Artificial Intelligence (AI) has altered people’s lives, workplaces, as well as various industries such as healthcare and banking. The question that could be put forward is have AI systems become more complicated and can produce unique results that can be protected under the Intellectual Property Rights (IP). This article investigates the links between AI and intellectual property and investigates the grounds for extending IP protection to works created by AI.
Understanding AI’s creative capabilities is vital when talking about IP, AI’s enhanced computer systems can learn, solve problems, and make decisions that would often need human intelligence. AI algorithms, especially those based on machine learning, can investigate enormous datasets, and find patterns to produce creative outputs in a range of sectors, including art, music, literature, and even science study. These AI-generated artwork shows the system’s ability to creatively combine previous data and patterns, yielding outcomes that could be deemed to be impossible to distinguish from human-made works. AI can produce original, distinctive work despite missing consciousness and subjective experiences. This raises major questions regarding authorship of IP and the need for IP protection as well as challenging conventional notions of creativity. Understanding the possibilities and limitations of AI’s creative processes is essential for navigating the shifting intellectual property rights environment in the age of AI.
The interconnection between AI and IP is multifaceted and evolving, as AI technologies continue to advance and significantly impact creative works, innovation, and the legal landscapes surrounding intellectual property. Several key aspects highlight the interconnection between AI and IPR:
AI-Generated Works and Copyright: As AI algorithms become more sophisticated, they can generate creative outputs, such as art, music, and literature. The question of copyright ownership arises when AI systems autonomously create works without direct human involvement. Since traditional copyright standards are created to safeguard the creative expression of human authors, identifying the legitimate owner of AI-generated works presents difficulties in the field of copyright law.
AI Technology IP Protection: The protection of IP is essential for encouraging AI research and development. AI technologies are heavily funded by businesses and academics, and IP protection enables them to secure their proprietary algorithms, datasets, and other AI-related inventions.
AI in Patent Analysis: Patent analysis and prior art searches are increasingly using AI technology. In-depth patent databases may be easily searched by AI algorithms to find already-issued patents and evaluate the novelty and originality of innovations.
AI and Trademark: Trademark databases can be analyzed by AI systems to spot potential inconsistencies or instances of trademark infringement. Automated monitoring and enforcement of trademarks can aid in defending brand owners against improper use of their trademarks.
IP Licensing and AI Integration: As AI is integrated into more and more sectors of the economy, provisions for the usage of AI technologies may be included in IP licensing agreements. Issues including the use of AI algorithms, data ownership, and the protection of trade secrets in AI integration may be covered via licensing agreements.
AI and Trade Secrets: Trade secret issues are raised by AI systems that use exclusive algorithms or private datasets. To preserve a competitive edge and safeguard priceless IP, businesses must safeguard trade secrets relating to AI.
AI for IP Infringement Detection: AI has also found use in the detection of infringement in IP. To help IP holders enforce their IP rights, AI algorithms can scan enormous volumes of data and spot instances of illegal use of intellectual information, trademarks, or patents.
Ethics: There are ethical issues to consider when AI and IPR interact. It is crucial to ensure responsible AI development and usage to prevent potential intellectual property violations, inappropriate use of AI-generated content, and biased algorithms that can support discriminatory actions.
AI and IP Enforcement: By effectively monitoring, identifying, and responding to IP infringement across diverse digital platforms and markets, the application of AI technologies can improve IP enforcement activities.
In the field of intellectual property, there is a lot of discussion on how to protect AI-generated works against infringement. The following are a few strong reasons in support of recognizing these creations under current IP laws:
Fostering Investment and Innovation: Giving AI-generated works IP protection encourages researchers, developers, and businesses to devote more time, money, and effort to advancing AI technologies. The possibility of gaining intellectual property rights for outputs produced by AI can attract more significant investment and encourage innovation in the field, creating more sophisticated and advanced AI systems.
Recognizing Human Input and Effort: Human input is crucial for the design, instruction, and direction of AI systems, even though AI algorithms play a crucial part in producing creative outputs. Granting IP protection recognizes the contributions made by the researchers, programmers, and data professionals who create and hone these AI systems because AI is a creation of human intelligence and imagination.
IP protection can promote responsible AI development, in which programmers put their attention on creating moral and ethical AI applications. Creators have the chance to regulate how their AI systems are used and make sure they follow moral and legal guidelines by using IP protection. Supporting AI in Artistic and Creative Activities: AI-generated works have shown the capacity to create original and cutting-edge works of literature, music, and other forms of creative expression. By creating new opportunities for innovation and promoting cultural variety.
IP protection for these works encourages AI’s integration into the field of artistic expression. Providing a Framework for Monetizing AI-Generated Works: IP protection ensures fair compensation for creators. To be fairly compensated for their contributions and labor, creators, and businesses can sell or license the rights to these works.
Creating Legal Clarity: The absence of definite IP protection for works produced by AI might result in ambiguity in the law and disagreements over ownership and rights. Extending IP protection clarifies the legal framework, minimizes potential problems, and promotes a clear understanding of ownership. Encouraging Collaboration: IP protection can encourage cooperation between AI engineers and other creatives. By facilitating partnership and ensuring IP rights, AI technologies can support and improve the creative processes of human artists.
Maintaining Competitiveness: In an environment where AI technology is developing quickly on a worldwide scale, IP protection for works produced by AI is essential for preserving a competitive edge. Proprietary AI algorithms can be safeguarded, and inventors can get an advantage in the market with the support of strong IP protection.
Interdisciplinary study and collaboration are promoted by recognizing AI-generated products as protected by intellectual property regulations. As a result, AI technology may be applied creatively to solve problems across a range of businesses and domains.
CONCLUSION
The justifications for IP protection of works produced by AI place a strong emphasis on the need to reward creativity, acknowledgement of human contributions and advance ethical AI research. Giving AI creations IP protection may promote a more favorable climate for AI research and development, resulting in game-changing technology developments and a wider range of artistic expression.
Despite how convincing these arguments are, the problem continues to be complicated since there are concerns about AI’s genuine creativity, Ownership, and access to information. As AI develops and becomes more and more interwoven into our society, it will be crucial to strike a balance between protecting the IP of AI-generated work and preserving the value of human innovation. To ensure a fair and equitable approach to IP protection for AI-generated work in the future, policymakers and legal professionals must carefully manage these challenges.
REFERENCES:
- Swapnil Tripathi, Chandni Ghatak, Artificial Intelligence and Intellectual Property Law, Vol. 7, CHRIST UNIVERSITY LAW JOURNAL, No. 1, 83-97 (2018).
- Michael Moyes, AI on IP, Should Artificial Intelligence own IP rights? (Mar. 1, 2023), https://www.linkedin.com/pulse/ai-ip-should-artificial-intelligence-own-rights-michael-moyes/.
Author:
* Mr. Varun Kumar
5th-year student, National University of Study and Research in Law, Ranchi.
* Riddhi Goyal
3rd-year student, National University of Study and Research in Law, Ranchi.
Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.