This deals with the impact of the Artificial Intelligence on The Intellectual
Property Rights and has helped to improve and solve the complex problems
including managing the data and its collection. This article deals with the need
of AI in the Intellectual Property Rights and their impact on them. It also,
states the advent of technology and AI acting as both threat and merit to the
Intellectual Property Rights. It states the various types of Intellectual
Property Rights and their use and how they are being impacted by AI. It states
the important features of the Intellectual Property Rights and reports of the
data of the country for their registration of patents using the AI.
Introduction
Artificial Intelligence has been growing and increasing at the fast pace in the
country. It has made huge changes in the development of the country in terms of
technology and business. Since the advent of the artificial intelligence, the
industries have been growing on a greater level. Due to artificial intelligence,
there is lot of data for training the employees and maintaining the data for
various trainings.
This availability of technology on the greater pace has
helped to fuel the artificial intelligence's growth and has made the tasks
easier. Over the period no field has remained untouched by it and Intellectual
Property rights is no exception to it. The invention of anything, including
technology has always been proven as the asset or threat to the country [1]
As the technology, is being used in Intellectual Property Rights, it will be
both asset to it, in terms of patents and its search tools, perfection and
research in time and helps to create the mechanisms to solve the problems but
also, proves to be the threat to the heart and soul of the Intellectual Property
Rights and its creation. Over the period, we got to know that Artificial
Intelligence is not only used for the research work or examination but has also,
been used in the administration and conduction of the copyrights and patents.
What are Intellectual Property Rights?
Intellectual Property Rights refers to the creations, made by the mind such as
the artistry, graphics, designs, inventions with names and their images. The
Intellectual Property Rights are being protected by law such as copyrights,
patents and trademarks. This is done so that the people could earn the
identification or benefit in terms of finance by inventing or creating with the
names or images.
The Intellectual Property Rights are beneficial when the right
to equality is maintained between the people involved with innovations or having
the great public interests and the Intellectual Property system, helps to
enhance the environment where the creation and innovation can bloom. [2]
Types of Intellectual Property Rights:
There are three types of Intellectual Property Rights:
- Patents: This is the exclusive right given for the invention and new development of things and helps the owner of the invention decide how and where the invention can be used by other people. In return for this, the patent owner makes the information available to the public in the full proof published patent document. A patent is an exclusive right granted to manufacture the article for a limited period of time, such as 20 years from the date of filing the application process. In India, the patent law is mentioned in The Patents Act, 1970.
- Copyright: It is a legal term used to navigate the rights conferred on creators over their creations and literary and artistic works. The work is filled with the copyright act of books, music, and films to help computer databases and various advertisements in the drawings. Copyright is used to protect two types of rights of the authors: economic rights and moral rights. Economic rights refer to the prohibition of use of the author's work by others for financial benefit. Moral rights refer to the non-economic benefits such as the right of ownership, etc., attained from the work done. In India, the Copyright Act, 1957 is the legislation for protecting the copyright of the work.
- Trademarks and Service Marks: The trademark is the sign used to differentiate between goods or services of one industry or enterprise from another. They have been used since ancient times, and various artisans have put their signature or one stamp or mark on their products. Trademarks in connection with services such as tourism, banking, etc., are called service marks. The owner has the exclusive right to use the trademark.
Merits and Demerits of The Intellectual Property Rights
Merits of Intellectual Property Rights:
- The laws made in the Intellectual Property Rights help in providing a competitive advantage as compared to other running businesses.
- Intellectual property rights help to prevent the unnecessary use of intellectual property.
- Over time, it has helped enhance the value of companies and opened various opportunities for collaborations and income generation through various works.
- It helps in the creation and attraction of various clients and has increased brand value over time. It has helped consumers identify products with various trademarks.
Demerits of Intellectual Property Rights:
- There is an additional cost incurred to obtain Intellectual Property Rights, and the legal costs increase.
- The use of Intellectual Property Rights has brought many difficulties, including the malicious use of work and attempts to assert these rights.
- The rights provided by Intellectual Property are not absolute but have certain limitations that need to be worked upon in the interests of the public.
What is Artificial Intelligence?
Artificial intelligence is the technology developed by the scientists which
helps in interpreting the signals of the data which has been programmed and is
responding towards the desired output and helps in carrying out the various
functions along with the leaning and information needed. In this, humans are not
required to interfere as they can take the decisions themselves and are the
backbone of the technology.
There are three types of Artificial Intelligence:
- Narrow AI: This term states that it functions the basic tasks of carrying out the purpose of fulfilling specific goals and is designed to perform one task at a time. Narrow AI is a machine used in day-to-day lives of people and is even now being used by modern families. It helps in moving forward.
- General AI: This term states where we are going and is aimed to be implemented in the near future. It helps to solve human problems and aids them in acquiring the skills required to achieve desired tasks. However, it lacks the advanced skill sets needed to solve complex algorithms.
- Super AI: It is a stronger element and is used to help researchers and enhance human abilities to achieve significant advancements where robots can assist humans. In many countries, it is already in use and is widely utilized.
Why is AI used in The Intellectual Property Rights?
With the new advent of technology, the world is moving faster, and the
artificial intelligence is gaining new heights. In earlier times, the
professionals didn't understand the need for the best quality data needed for
the growth but now, people are looking forward towards it so that they can get
the good quality data in the short span of time. By the word quality data, we
are concerned with the problems related to the Intellectual Property Sector and
its solutions.
The incoming of AI has removed the traditional wholesome
practices of the Intellectual Property Rights and has helped to obtain the
current use of technology to obtain the trademarks and patents. With the advent
of AI, the demand for the patents, trademarks and copyrights was becoming very
difficult but the blockchain ensures the various challenges faced by the
Intellectual Property Rights.
Blockchain contains the set of blocks and chains,
in which every block has the certain piece of information, and it has to be
verified and obtained only by the consent of the authorized party. AI in
Intellectual Property Rights has helped to perform many functions such as the
record keeping, data collection and maintenance, suppliers, distributors or
recognizing the patents or copyrights. [5]
Various challenges faced by AI in the Intellectual Property sector
AI handling the big data collection, couldn't prove to be effective as it
couldn't manage the large amount of data and couldn't be cross checked well.
When there is technical issues in AI it creates a lot of questions related to
the contracts and authority of the issues. The issues in contracts are being
used when the functions of the human brain are implemented and are used in the
central processing units. In collaborative model, many AI developers face the
issues regarding the training data and has obtained great solutions over the
licensing system.
In terms of customer data, the seller helps to provide the data needed for
training or authorization and helps to adapt the customers business. The
problems start to increase when there is an intrusion in the cyber security of
the customer.
Artificial Intelligence and Intellectual Property in India
As the world is growing faster, the need for the AI in the Intellectual Property
sector is also increasing and thereby, it has helped to reform the current laws
as patents, copyrights and trademarks in the domain of intellectual property. In
this, Industries has required new data by AI to provide the smart decisions and
business strategies and help to maintain the data provided by the AI.
In the report mentioned by WIPO, it stated that India is among the top 10
countries in the world to file the patents with the use of AI, copyrights and
trademarks. Over, 20195 applications have been filed so far. If India has to
follow the patenting AI-backed technology, it has to follow the guidelines
related to the inventions of the computer. [6]
Conclusion
AI has contributed well to solve the day-to-day problems and complications in
the Intellectual Property Rights and has served as being both threat and merit
to the company. With the advent of technology, it has helped to enhance the
working of the Intellectual property rights and has helped in providing the
advance solutions to the problems raised. But it has also stated that with the
growth of AI, it became difficult to maintain the huge databases and has been
challenging to decrease the gap between the technology and its protection.
Thereby, this generation of AI in Intellectual Property Right has helped to
understand about the potential opportunities and their solutions and has helped
to deliver the better understanding of what has been demanded so far.
References:
- Niteesh Kumar Upadhya, Artificial Intelligence on Intellectual Property Rights, Impact of Artificial Intelligence on Intellectual Property Rights (researchgate.net), June 2020
- John Kalakar, AI and Intellectual Property, AI and Intellectual Property Rights (indiaai.gov.in), March 2021
- Devankar, WIPO Intellectual Property Rights, what is Intellectual Property? (wipo.int), November 2018
- Nidhi Bajaj, All about Intellectual Property Right, All about Intellectual Property Rights (IPR) - iPleaders, August 2022
- Monica Dangle, Scope of Intellectual Property, Origin, Scope, Need, Types of Intellectual Property Rights (IPR) (ipleaders.in), July 2021
- Devina Poonia, Need of AI on the Intellectual Property Rights, Artificial Intelligence and Intellectual Property Rights - iPleaders, 13 January 2021
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