The artificial intelligence is advance simulation of intelligence of the human by using the machines and technology. This term sound like very technical and now a days we are using this term or listening this in daily life. Take an example of Alexa, as this device people use in their house more like smart device, we can talk to Alexa and he/she obey our command which we can say its more like smart and work with the help of artificial intelligence.
Now the question is can artificial intelligence comes under IP or can we have registered under the IPR and challenges faced by AI in the field of IP. Presently the law of intellectual property only considers the value of human creation and can be IP holder or infringers. This raises the issues of AI regarding the IP rights in the future.
The law which is present that does not cover the scope of AI and based upon the last generation of IP laws. According to the Indian patent act of 1970, it says that things such as computer programs, mathematical formula are not considered in the patentable inventions. There is one example as we all know about the humanoid robot called SOPHIA and she get citizenship of Saudi Arabia.
Will she own IP rights? No, she will not own because of the reason that until the legislature includes the AI system within the ambit of person or any other computer system till then they will not own any rights.
AI does not possess the capacity to claim or enforce any rights and in India also they have not drafted any laws or rules and neither there are any cases that pertain to AI and its legal status.
In the concept of IP, it says that anything which a person creates novel and innovation with industrial application which is not in the nature itself that we create or invent by our own that can
be own the IP right under different branch of IP like trademark, patent, copyright, design, GI, etc.
But if anything, which created by the AI or with the computer-based system or machines that can
not own any rights because in the section 2 (d) (6) of the copyright act it says that any artistic work that is created with the help of computer system then the author if work shall be a person or
human creation not the computer system.
AI is more advanced and having wide range of intelligence than the human and as the time comes the future of AI will be great because in field the AI works now and giving the best result but now at the present time it faces the challenges because it owns no rights its more like we say its just a tool.
There was one case Louis Vuitton v/s Google France, in this case it states that there was in instance where the keyword advertisement of google France through its AI infringed the trademark of the petitioner creating a landmark case of AI breach of trademark law.