File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

A.I Technology Effect On Intellectual Property

Intellectual Property Rights are property rights given to inventor or creator and grant exclusive right which exclude other from copying these rights are also sometimes called Negative Rights Meaning they exclude or restrict other from copying or replicating such product. These rights are very important as it provides incentive to maker and help in growth of society and economy by life changing technology and improves the economy of the country. In the creative sectors, such as publishing, music or film industry, copyright enables author economic reward in return for this creation it helps promote culture of places and provide incentive to them for example Lakadong turmeric or assam team etc.

Types Of Intellectual Property Rights:

During the earlier times the intellectual property rights were divided only into mainly or widely into "Industrial Property" which only included Patent, Trademark and Industrial design but now the word "Intellectual Property" was more sub divided into three main rights - Patents, Copyrights, Trademarks Intellectual property rights include also include Trade secrets, semiconductor chip designs, Industrial designs, plant variety protection.

Artificial Intelligence Effect On Intellectual Property Rights

Artificial Intelligence is intelligence which is shown machines or software. In other words, the ability to perform mechanical task which can performed by human Being. A.I is the intelligence shown by machines. As any intangible Property to be termed as Intellectual Property their certain requirement firstly the property must be Novel and original the property must be innovative this raises the question regarding A.I "Does A.I work is subjected to IPR? Does the emergence of AI require any changes to the existing IP frameworks?


Copyright is Intellectual property that relates to original work created by author work. Copy right is generally granted for limited duration. In simpler words copy right means Right to copy meaning that author/creator and any other person/organization they give authorization have exclusive right to use such work.

There are lot of different work which come under protection come under copyright protection such as song, sound recordings, computer program, book, poems blog post, play etc. Generally, the Copyright are granted for duration after that work falls in to hands of public domain. In India the term of protection is of 60 years period following the death of Author death

A.I Effect On Copyright

During the 1967s computers have been producing crude work artist most of these computer- generated works were not advanced and were primitive which generally heavily relied on creative process of programmer. Earlier these machines were more of instrument but today due to increasing technological revolution we need to rethink boundaries of interaction between computer generated work and human created work.

Author Rights Of A.I Generated Work

Work created using A.I does have implication on copyright law according to WIPO (World Intellectual Property Organization) the ownership of copyright remain uncertain as the creative work is Done by A.I. since the law is only implicates towards human being many countries like Spain and Germany, states that only work produced by humans can be protected.

In case of India, where the work is produced by human intervention where the programmer who provides the input for creation of such work the author ship so such work will be given that person.

And, the work is GENERATED (scattered work) by A.I without any human input then in such case the author of the A.I has ownership rights. Where the work is CREATED (procreate, beget) by the A.I without human assistance, the copyright may be claimed by the person who has copyright owner over A.I. This remains uncertain as the A.I generated work was granted copyright rights to RAGHAV (A.I) as co-owner with the creator of such program.

UnCertainty With A.I Regarding Copyright

Since the A.I is a juristic person (legal person) it cannot be sued it own name, nor does it can sue anybody created the conflict which Indian courts have remained silent for long time. Lastly, the copy right protection to all original work is of 60 years from year after the author death artistic or literature year post death of artist or author, the same is not the same for A.I because of its perpetual existence creating very serious issue for copyrighting it.

As A.I continue to evolve so copyright violation and the need for to establish new laws that are very critical. By embracing the A.I work in machine generated work and while granting human creativity protection is key.

India Stance Over A.I And Copyright

The India view over copyright still remain on pertinent question as A.I are not granted copyright because of section2(d) of copyright act which defines author to be person. While India clearly denies giving A.I copyright but according recent development it has started granting copyright to A.I. but has imposed condition that in order to grant copyright the A.I must be as co-author to work created.

A.I Effect On Patentability; What Is Patent?

Patent is exclusive right granted to an invention which is novel and provides new way to solve problem or provides new technological solution to problem but in exchange the inventor must disclose his invention to public domain. Patent provides inventor protection for inventions, process or scientific creation which prevent other for copying replicating, using without inventor permission. In India patent is provided protection 20 years from the date of filing the application in order the product to be patented.

the invention will only receive patent protection to comply with all patent laws. The invention must be new /novel. It must not be coped/replicated from another person invention. Invention must not be obviousness. The invention must pass obviousness test. The invention must have industrial application. The invention must help solve the mechanical problem or make it easier to work on with the problem.

Treatment Of A.I Inventions

Various Jurisdiction have different rules regarding the patentability of invention and A.I treatment differ in different jurisdiction.
For example:

India grants patent to mathematical or business method or computer process but it does not grant on the patentability of algorithms and computer programs unless it produces a technical effect or technical contribution.

According to J.P.O (Japan patent organization), A.I guideline, with a minor modification in the algorithm isn't granted a patent. The patent organization only grants patent to A.I when it actually shows process that was not prior art and it not an improvement to get patent.

According to Article 52(2) (c) of the European Patent Convention (EPC), computer programs are excluded "as such" from patent protection but inventions involving software are not excluded from patentability as long as they have a technical character.

A. It must fulfill al the pre requisite of inventory step novelty, inventory step if the invention qualifies these requirements and does have technological character, it can qualify for a patent under EPC.

US has enacted Alice Test, a claim directed to an abstract idea (mathematical concepts, methods of organizing human activity. Basically, Alice test set a criterion for which in order to grant patent. It says that mathematical models and algorithm.

Dabus (Device For The Autonomous Bootstrapping Of Unified Sentience)

D.A.B.U.S is first ai developed by us scientist and technologist Dr Stephen thaler. According to him patent application D.A.B.U.S system was to be considered -inventor. initially thaler application was challenged on the grounds that invention was or can be done only by human not machine. The Patent office declined his invention on the grounds that the inventor must be natural person as the us patent act defines an inventor as "the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of invention.

Dr. Thaler Applied patent EU patent board organization but EPO denied his patent application on the grounds of legal capacity claiming that that in order to grant the patent to invention it must be made by human as A.I doesn't have legal capacity it was denied patent The court of London ruled that UK laws, nor the patent can be granted to A. I Nether the patent can be transferred by A. I. UK officials subsequently explored the introduction of a fresh type of legal protections for intellectual property to guarantee that the UK's legal framework on intellectual property achieves the necessary equilibrium to foster the advancement of AI and its widespread application throughout the nation's economy. Germany's Federal Patent Court precludes that the court grants patent to the A.I when the patent inventor is human who as legal capacity. The A.I can only be name Additionally.

In contrast to all the jurisdictions, South Africa's Patent Office become the First only patent office to grant the first patent for an invention developed by AI inventor DABUS.As South Africa laws do not define an inventor. Thus, the significance of acceptance may be little weighing up to other jurisdictions.

Germany's Federal Patent Court precludes that the court grants patent to the A.I when the patent inventor is grant to human who as legal capacity. The A.I is name Additionally. The requirement of a natural person to be named as a patent inventor has restricted DABUS from inventorship. Various issues have arisen around this question of inventorship, that this will require amendments to the laws of these countries. Countries can come together and collaborate to find the solution to such issues.

A.I Effect On Trademark What Is Trademark?

Trade mark is any Symbol, Word, Phrase, or combination of things which help identify the good/services. Trademark works as the seal which gives surety to customer interest and helps them in Distinguishing from other products. Trade mark can be anything corporate logos, Symbol, Mark used to identify the source, owner.

Impact Of A.I On Trademark

The academic debate generally resolves around only patent and copyright while impact of A.I technology on trademark has not received any attention A.I has been gradually affecting and various penetrating various fields. A.I algorithm has three major impact on fields of Trademark

Firstly, algorithms to assist applicants in registering trademark, help applicant Identify obstacles while registering Trademark through algorithms or help suggesting more easy and efficient ways of registering Trademark.

Secondly, use algorithm to assist applicants in identify conflict between already registered trademarks and newly applied trademark.

Finally, A.I helps identify in fields of trademark law enforcement to identify

Trademark infringement
A.I has both positive impact and negative impact on trademark. A. I have bought new area search and clearance procedure not only A. I have helped applicants by offering increased precision and efficiency also help identifying in finding trademark infringement have ability to create logos and symbols again this raises complex challenge regarding the ownership rights as A.I is not granted ownership rights it remains who has right over such trademark.

The purpose of trademark law is to distinguish the products and services of one entity from those of another, ultimately preventing confusion among consumers. However, despite numerous technological advancements and revolutions, the Indian trademark law has remained unchanged since its inception, failing to adapt to these changes.

India Stance Over A.I And Trademark
India trademark office does not allow trademark to be granted in name of A.I but in name of human being as creator but Indian courts allowed A.I. to work help as automated monitoring system that can help locate trademark infringement, locate conflict,

M/S Kibow Biotech v. M/S The Registrar of Trade Marks
In this case court of law held that A.I cannot be considered proprietor of trademark as according to Trademarks act,1999 only person can be register for trademark and A.I does not have eligibility.

Dr. Alaka Sharma v. Union of India
Dr Alaska Sharma that A.I generated painting was denied trademark as it lacked distinctness requirement.

India who has approached and supported towards the traditional system of registration of IPR has forgotten about the increasing technological advancement. These are important as it brings both opportunities and Adversity, A.I which has grown into complex nature of society which made huge impact on intellectual property right need to legislate new laws that govern new use A.I. As the work made by A.I and manmade blurs it becomes difficult to distinguish work and this creates serious difficulty when giving acknowledgement for inventions. A.I yet in India are not granted sole ownership over property but is given as co-owner title over such innovation.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly