In today's era of rapid technological change, the large-scale application of
artificial intelligence (AI) has become an essential part of human life, and
great transformation has occurred in human lives. The issues of liability and
tort have become important to AI, which controls itself to a different extent,
for detecting loss or damage resulting from activities.
The main problem is that
there is no national or international law to treat AI legally, meaning AI cannot
be directly responsible for its actions and the damage it causes. Additionally,
it also raises the difficult question of whether AI should adopt legal behavior.
As a result, the question arises: Who is responsible for the damage caused by
the actions of AI?
By now, most of us have heard of artificial intelligence being launched as a
technology that will change the world in the coming years. It promises
self-driving cars, customer service chatbots like ChatGPT, that can think and
learn pretty much for themselves, and more. So what does the word AI refer to?
In simple terms, artificial intelligence can be defined as the ability of a
machine to act intelligently. Artificial Intelligence is the branch of computer
science that aims to create "intelligent machines". In the words of John
McCarthy, the father of Artificial Intelligence, �Artificial intelligence is the
science and engineering of making intelligent machines, especially intelligent
However, as per the draft Detailed Project Report (DPR), Artificial
intelligence (AI) may be used for forecasting and prediction, increasing
administrative effectiveness, automated filing, intelligent scheduling of cases,
improving the case information system, and communicating with litigants through chatbots that may help with early case resolution.
According to D.Y. Chandrachud CJ of India, �Technology is relevant as it
fosters efficiency, transparency, and objectivity in public government. AI is
present to provide a facilitative tool to judges to recheck or evaluate the
work, the process, and the judgments.� The primary purpose is to give common
people greater access to justice in the long run.
Generally, there are two information collection methods, primary and secondary
information collection process. The authors used secondary sources to collect
data, including extracting information from articles, books, and the Internet.
Review Of Literature
The creativity and knowledge that AI systems offer were revealed to the world,
and concerns about IP protection arose in the mind of people dealing with IP
laws. Therefore, we need to explore more targets for legal and patent rights
related to AI systems.
There are now machines that produce creative works that would qualify for
copyright protection if created by humans. This requires a re-evaluation of
Rules for AI systems around the world. Recently, a court in San Francisco ruled
in Naruto v Slater that animals are not legally entitled to a tort lawsuit
because they are not human.
Carlos T. Bea and N. Randy Smith, Circuit Court Judges, and Eduardo C. Robreno,
District Judge, In determining whether an ape can obtain compensation and
injunctive relief for copyright infringement, Monkeys, and especially all
animals, because they are not human, Although they have legal rights, they are
not entitled to representation under the Privacy Act.
Historical Development And Emergence Of Artificial Intelligence
The "Enigma" code was coined by Alan Turing during World War II. Alan Turing was
a British scientist whose "Enigma" code was used in German military
communications. A �Bombe Machine� used to decode the Enigma message was built by
Alan Turnand his team. The foundations of machine learning were laid by Enigma
and Bombe Machine. According to Turing, a machine can be called "intelligent" if
the machine can communicate with a human without the human knowledge that it is
The term "artificial intelligence" was first used in 1956 by the American
computer scientist John McCarthy at the Dartmouth conference. The use of this
term led to the establishment of research centers in the United States. The AI
is run mainly by researchers like Herbert Simon and Allen Newell. Ferrenti Mark
in 1951 successfully used the algorithm to control the game of checkers. Later,
the General Problem Solver algorithm was developed by Newell and Simon to solve
The development of algorithms for solving problems with mathematics and geometry
was further developed in the 1960s. Machine Vision Learning and Development For
the robot, machine learning was developed in the 1960s. The first intelligent
humanoid robot was made in Japan in 1972. Its name was WABOT-1.
Indian IP Laws
Certain provisions in these bills generally prevent the development of these
intelligent systems and deny intellectual property rights to works created by
these systems. It's time to change these rules to adapt to increasingly complex
Copyright Act, 1957, and AI
Authenticity are essential to copyright. Authenticity is the source of copyright
protection. Preservation of a work is only permitted if it is original, ie not
copied by another work. Works do not necessarily contain new expressions of
thought. All that needs to be said about the authenticity is that the
instruction should not be copied from other works. For this reason, the work
should be created by authors individually. There are two doctrines related to
the test of the originality of a work. They are:
- The Sweat of the Brow Doctrine.
- Modicum of Creativity
According to the Sweat of the Brow Doctrine, authors can get a copyright on
their works using with simple care and diligence. Not much creativity or
originality is required. He gets entitled to the copyright number only because
of the effort and expense he put into creating this work. As a speck of
creativity, there is a sufficient amount of intelligence in creating a work
There is originality in creating a work that uses creativity and judgment. The
creativity level need not be high, but the minimum creativity level must be
guaranteed for copyright protection.
The Indian courts in Eastern Book Companies v DB Modak adopted a less
stringent test. And stated �Having Carefully Read The Doctrine Outlined In The
Resolution Above, We Cannot Say That The Ai system Cannot Succeed With
Creative Changes. Therefore, The Operation Of The Machine Can Pass The
Section 2 (d) of the said act states �Author� means,
(vi) In Relation To Any Literary, Dramatic, Musical, Or Artistic Work Which Is
Computer Generated, The Person Who Causes The Work To Be Created;
The issue with this definition is the phrase �the person who causes the work to
be created�. The proximity of the person with the work is essential and for this
act person here means a legal person or a human. Thus, the present Copyright Act
is not inclusive of Artificial Intelligence systems. Thus, when it comes to
works created by AI, their authorship would be an ultra virus of Indian
Patents Act, 1970, And AI
According to section 2(p) of the Patents Act: "Patentee" Means The Person For
The Time Being Entered On The Register As The Grantee Or Proprietor Of The
Further, according to section 2(t): "person interested" includes a person
engaged in, or in promoting, research in the same field as that to which the
Section 6 states the people who may be entitled to apply for patents:
Persons entitled to apply for patents:
- Subject To The Provisions Contained In Section 134, An Application For A
Patent For An Invention May Be Made By Any Of The Following Persons, That Is
- By Any Person Claiming To Be The True And First Inventor Of The Invention;
- By Any Person Being The Assignee Of The Person Claiming To Be The True And First
Inventor In Respect Of The Right To Make Such An Application;
- By The Legal Representative Of Any Deceased Person Who Immediately Before His
Death Was Entitled To Make Such An Application.
- An Application Under Sub-Section (1) May Be Made By Any Of The Persons
Referred To Therein Either Alone Or Jointly With Any Other Person
Section 2 (y) defines �true and first inventor�: �It Does Not Include Either The
First Importer Of An Invention Into India Or A Person To Whom An Invention Is
First Communicated From Outside India.�
But the meaning of terms like �patentee�, �interested person� etc. indicates
that there must be a person (legal person), the intent of the legislator for the
Law can also be understood as a human person or other legal entity. These
regulations must be modified according to the necessities of developing social
and scientific systems. India is a developing country and will remain so unless
it makes legislative changes in very strong areas such as intellectual property.
These are not impossible goals for a country like India.
Current Scenario Of Artificial Intelligence In India
According to an article by The Economic Times titled �the rising potential of
AI/ML in India�s growth story�, it's amazing how India has changed since the
first wave of technology years ago. According to a report by NASSCOM, the
revenue of the Indian tech industry will increase by 15.5% to reach $227 billion
by 2022. The business has helped create new opportunities, enabling millions of
people to gain valuable jobs, develop skills and grow our economy. is changing
this country forever.
Further, the article stated, While India has emerged as a major player in the
technology space, business leaders must not only invest in R&D but also promote
education to ensure our growth potential is needed to improve the economy. In
addition, business leaders need to invest in human development and skills to
hold on and differentiate themselves in the competitive global marketplace,
especially in times of uncertainty, when others leave. As we invest in expanding
our capabilities with a focus on further growth in AI and machine learning,
Indian businesses will benefit and gain value in the global marketplace.
In 2018, India saw an increase of 108% in startups. Among them, artificial
intelligence is seen as one of the fastest-growing fields. There are startups in
artificial intelligence and nearly 400 in the field of machine learning. Private
investors have invested close to $444,415 billion in India, which has increased
since 2016. However, India lags behind countries such as China and the USA in
terms of investment. Most of the beginners are in e-commerce, ed-tech, fintech,
AI Strategy In India:
The development, adoption, and promotion of AI are evident in the Indian
government's priority list; that is because of the potential of AI to make life
easier and create a better standard of living for society.
NITI Aayog�s National Strategy For AI (AIFORALL)
India has adopted a unique approach to its National Artificial Intelligence
Strategy and focused on how India can use AI not only for economic growth but
also for promoting social growth. The government calls it NITI Aayog #AIforAll
to design and promote the concept. Therefore, the strategy aims to:
- Support and encourage Indians to find good jobs;
- Invest in research and projects that can increase economic growth and social
- The Project is expanding into other areas, including AI solutions in India a
NITI Aayog published the Artificial Intelligence Consensus of India on 4th June
2018. NITI Aayog has developed mechanisms such as Collaboration with expert
leaders and stakeholders to develop the Ditto concept, AI projects in various
fields, and completed Evidence and Design Ideas to build a strong AI ecosystem
in India. NITI Aayog defined AI as a truly transformative engine and created
the slogan #AIforAll for the growth of AI in India.
The slogan was brought to
India to meet the needs and expectations of gaining leadership in AI
development. The strategy, the campaign, focuses on the use of AI for economic
growth in India and aims to put India at the forefront of the AI technology
NITI Aayog has granted more than 30 policy endorsements to invest in scientific
research, promote reemployment and education, build AI culture across assets,
and promote integrity, privacy, and security in AI. Its beginning is a two-level
collaborative strategy to support AI research.
First, the new AI Research
Centers of Excellence (COREs) will focus on critical research. Second, CORE will
act as a sponsor of the International Centers for Transformative Artificial
Intelligence (ICTAI), which will focus on developing AI-based applications in
key areas of society. In the above report, NITI Aayog has identified smart
cities and smart mobility as the priorities of the region.
Ministry Of Electronics And IT (MEITY) AI Initiatives:
Considering the potential impact of AI on business and society, and enacting AI
Law, MEITY has established the following four AI groups. The Fourth Committee
announced its reports in July 2019 and later published them in December 2019.
- Report of Committee A: On Platforms And Data On AI
- Report Of Committee B: On Leveraging AI For Identifying National Missions In Key
- Report Of Committee C: On Mapping Technological Capabilities, Key Policy
Enablers Required Across Sectors, Skilling,
- Report Of Committee D: On Cyber Security, Safety, Legal And Ethical Issues.
AI Initiative By the Ministry Of Commerce And Industry:
The Union Ministry of Commerce and Industry set up an AI Task Force in August
2017. For "to incorporate AI in our thinking about business, politics, and
law, having the ability to support's mission to become an AI-rich replica of
India's mission to become a leader in the economy".
Given the general view that
AI is a major problem solver in business, trends in AI in India include
manufacturing, finance technology, healthcare, education, etc. that makes a
difference, and National security. , environment, electronic services, retail
and customer relations, etc. The report specifically seeks to understand the
critical role government must play, and how artificial intelligence can solve
Among other things, he proposed the creation of the National
Artificial Intelligence Mission, an organization with nodes, to manage
AI-related projects in India. The work of the task force is focused on shedding
light on the development of AI policies in India. Its focus on technology is
perhaps its greatest strength.
National Artificial Intelligence Portal
The government of India launched National Artificial Intelligence Portal named
www.ai.gov.in on 30 May 2020. The portal will serve as a digital marketing
platform for AI-related development in India. , Investments fund in artificial
intelligence, resources, companies, and artificial intelligence-related schools
in India. The Portal will also provide information, research papers, research
papers, and more. It also has a chapter on AI related to education and new jobs.
The Federal Government has also announced a project for the country's youth
called Young Responsible AI. The aim is to make the students of the country
suitable for the technology of the new age and to obtain the necessary AI tools
and AI-related processes digitally.
Artificial Intelligence In The Legal Profession
AI is slowly entering the legal industry due to the advancement of technology
and the legal business. There are many uses for AI in the legal world, and most
of them are for legal research - often a time-consuming task. legal
professionals take the time to find reliable legal advice. Therefore,
intelligence can be used to support the main arguments of the case. This can be
done by developing software that can answer simple but important questions.
Second, intellectual skills can be developed with due diligence steps to avoid
stress and conflict- this step is called due diligence by the lawyer, these
steps are important to avoid problems and confusion and are a necessary step to
becoming a lawyer. What to do before litigation. This step is a long and arduous
task, and as a result of skilled intellect, these steps can be done well and
take a long time.
Artificial intelligence is a "Predictive technology. Most of the time, people
with legal advice are often asked questions like "Do you want to continue this
case" "Will we lose the case" or "Will we win the case".
AI can use algorithms
to answer these questions. In addition, intelligence can be used to indicate
high-risk data and display the level of risk associated with the data if the
client decides to test it.
Fourth, AI can be used for legal analysis. File Information and Login Forms are
important steps in the process. However, this process is a time-consuming one.
Therefore, artificial intelligence can be used. This information can be arranged
by the lawyer in the special application. Law firms can use artificial
intelligence to review contracts they've signed. AI can identify risky
statements. Additionally, artificial intelligence can be used to create
contracts. AI can identify a simple template that can be converted into a
contract based on the facts and circumstances of the case.
Fifth, intellectual property can be used in patent applications. One of the main
reasons for the development of intellectual property in India is the cumbersome
and lengthy process of filing a patent application. Patent filing is tedious and
time-consuming. Thus, an IP attorney can use artificial intelligence to design,
draft, and review a document patent application.
Challenges Of AI Policy
AI has enormous economic, social, medical, safety, and environmental benefits.
AI machines can help people acquire new skills and training, independent service
design, provides more and faster production time, reduces effort, provides
real-time monitoring of environmental pollution and air quality, network
improves security protection and support. Produce in-country, reduce unnecessary
healthcare, create new entertainment and human interactions, and develop
real-time translation services to connect with people around the world. But
there are some potential threats or challenges caused by AI.
The following are a
Conclusion And Suggestion
- Enabling Beneficial AI Research And Development Systems
- Economic And Social Impact
- Accountability, Transparency, And Explainability
- Privacy Issues
- Fairness And Ethical Issues
- AI Safety
- Security And Cybersecurity
- Catastrophic And Existential Risk
AI can be considered both a benefit and a limitation in an ever-evolving
society. It likes to lighten the burden of lawyers and other professionals, but
often it is dominated by people. Law is a profession that requires not only
human intelligence but also human thought. There is no doubt that AI is useful
for time-consuming tasks such as business research, but it also has its
The overall reliability of the AI is limited. There are no legal
entities authorized for artificial intelligence, so no one can be held liable
for malfunctions caused by operation or malfunction. This tends to create social
conflict. Artificial intelligence should be used wisely. Some general principles
that could be considered when drafting AI laws in India:
Fairness and Non-Discrimination:
AI should be designed and deployed in a way that is fair and does not
discriminate against any individual or group based on their race, gender,
religion, age, or other characteristics.
AI systems should be transparent in their functioning and decision-making
process. The data and algorithms used in developing AI systems should be open to
scrutiny, and users should be informed of the basis for the recommendations or
decisions made by AI systems.
Privacy and Data Protection:
AI systems should be designed to protect the privacy of individuals, and should
comply with data protection laws in India. Data collected by AI systems should
only be used for the purpose for which it was collected and should not be shared
or used for any other purpose without explicit consent.
There should be clear accountability mechanisms in place for the development,
deployment, and use of AI systems. This includes identifying responsibility for
any harm caused by AI systems and ensuring that appropriate remedies are
Safety and Security:
AI systems should be designed and tested to ensure that they are safe and
secure, and do not pose a risk to individuals or society. AI systems should be
subject to regular testing and evaluation to ensure that they continue to
function as intended.
AI systems should be developed and deployed in a way that is consistent with
ethical principles, including respect for human dignity, autonomy, and the right
These principles could serve as a starting point for the development of AI laws
in India. However, the specific legal framework would depend on the particular
context and needs of the country.
- Artificial Intelligence, and Intellectual Property Rights. Available at: http://www.mondaq.com/india/x/617260/new+technology/Artificial+Intelligence+and+Intellectual+Property+Rights
- What is A.I. Available at: http://www.aisb.org.uk/public-engagement/what-is-ai
- Detailed Project Report (DPR). Available at: https://mpa.gov.in/sites/default/files/Model_DPR_Final%202.0.pdf
- The economic times, https://legal.economictimes.indiatimes.com/news/industry/use-of-technology-can-make-listing-process-transparent-cji-dy-chandrachud/95546803
- Naruto v Slater, 888 F.3d 418 (9th Cir. 2018).
- Eastern Book Company v D.B. Modak, 2008 1 SCC 1.
- Copyright Act, 1957, sec. 2, cl. (d), (vi).
- 'Mounting Artificial Intelligence: Where are we on the timeline?' by Vaishali Singh, para.7. Available at: https://blog.scconline.com/post/2018/06/07/mounting-artificial-intelligence-where-are-we-on-the-timeline/
- Patents Act, 1970, sec. 2, cl. 1 (p).
- Patents Act, 1970, sec. 2, cl. 1 (t).
- Patents Act, 1970, sec. 6.
- [Radha Basu, The rising potential of AI/ML in India's growth story, The Economic Times(5 February) "the rising potential of
AI/ML in India's growth story" https://timesofindia.indiatimes.com/blogs/voices/the-rising-potential-of-ai-ml-in-indias-growth-story/
- NITI AAYOG'S NATIONAL STRATEGY FOR AI, Available at: https://niti.gov.in/national-strategy-artificial-intelligence
AI Initiatives By Ministry Of Electronics And IT (MEITY), Available at:
Initiative By Ministry Of Commerce And Industry, Available at: https://www.aitf.org.in/
Artificial Intelligence Task Force, Https://Pib.Gov.In/Pressreleasepage.Aspx?Prid=1627950.
National Artificial Intelligence Portal, available at: www.ai.gov.in.
Award Winning Article Is Written By: Ms.Shaista Waseem, A Third-Year Student At Unity P.G And Law College, Affiliated With Lucknow University.
Authentication No: JU318021791934-29-0623