Published On: 8th August, 2024
ABSTRACT
When Isaac Asimov wrote “I, Robot” in 1942, he probably did not imagine that his work would become the foundation of modern AI ethics, defining the rules of interaction between humans and robots and is often considered the birthplace of intelligent machine concepts.
The role of intellectual property rights (IPRs) in artificial intelligence (AI) is becoming increasingly important as AI technologies continue to evolve and permeate various aspects of daily life. This Legal journal explores and examines the interface between AI and IPRs, highlighting key developments, definitions, and legal considerations. It traces the historical background of AI development from early theoretical foundations to contemporary advances, highlighting the contributions of neural networks and deep learning. Intellectual property, including copyrights, trademarks, and patents, is explored in relation to AI-generated content, raising questions about ownership, authorship, and the applicability of current legal frameworks. Case law and Conventions illustrate the complexities and challenges of integrating AI into existing IPR systems. The report emphasizes that adaptive and forward-looking legal strategies are needed to ensure intellectual property law effectively addresses the unique contributions of AI and fosters innovation while protecting the rights of developers and inventors in a rapidly evolving AI environment.
INTRODUCTION:
Considered one of the most mysterious branches of science, the field of Artificial Intelligence (AI) has grown exponentially over the past decade to encompass an astonishing range of applications that are already impacting our daily lives. Whether it’s the virtual assistants like Siri and Alexa who have brought AI into everyday use, Hanson Robotics ‘Sophia’ who gained media attention and Saudi Arabian citizenship in 2016, or the 2020s rise of synthetic AI, such as OpenAI’s ‘GPT-3’ and ‘GPT-4’ leading to significant advances in natural language processing, or image generation tools like DALL-E, or interactive AI such as ‘ChatGPT’. Advancements in computing power and sophisticated AI algorithms have allowed computers to surpass human performance in various tasks, particularly in computer vision and speech recognition.
MEANING OF AI:
Generally, ‘AI’ could be inferred as anything that is an alternative to natural human Intelligence, but in a technical sense it was A M Turing’s research paper “Computing Machinery and Intelligence” in 1950, 6 years after which The Dartmouth Conference, organized by John McCarthy, formally established the field of AI and introduced the term “Artificial intelligence or AI”. McCarthy in 1956, described “ARTIFICIAL INTELLIGENCE” as something related to “the science and engineering of making intelligent machines”.
DEFINITION OF ‘AI’ IN LEGAL PARLANCE:
In India, no explicit definition is given under any statute various countries like the USA and CANADA in their relevant statutes define the term ‘AI’ however it has no globally accepted definition. However, the ‘COUNCIL OF EUROPE FRAMEWORK CONVENTION ON ARTIFICIAL INTELLIGENCE’ in May 2024 Aim of which is to ensure that AI activities align with human rights, democracy, and the rule of law while fostering technological progress and innovation though is yet to be developed and recognized globally is drafted by the 46 member states of the Council of Europe, with the participation of all observer states: Canada, Japan, Mexico, the Holy See, and the United States of America, as well as the European Union, in Article 2 states that ;
“Article 2 – Definition of artificial intelligence systems For this Convention, “artificial intelligence system” means a machine-based system that for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments. Different artificial intelligence systems vary in their levels of autonomy and adaptiveness after deployment”.
BRIEF HISTORY OF DEVELOPMENT OF AI:
The first important step toward the implementation of AI was, “The Logical Calculus of the Ideas Immanent in Nervous Activity”, McCulloch and Pitts’ 1943 paper which was inspired by Turing’s 1936 research paper “On Computable Numbers”. The 1943 model abstractly describes brain functions and demonstrates that simple elements connected in neural networks can have significant computing power.
Initially neglected, their work gained attention when John von Neumann and Norbert Wiener applied their concepts. The “McCulloch-Pitts” neuron was the first mathematical model of an artificial neural network, illustrating that any computational function can be modeled as a network of neurons. Based on this, Donald Hebb proposed “Hebbian learning” in 1949, a rule that governs the strength of neural connections, inspiring neural network learning.
In 1950, Harvard students Marvin Minsky and Dean Edmonds built SNARC, the first analog neural network machine. SNARC, a stochastic neural analogue reinforcement calculator used 40 interconnected artificial neurons and parts of the B-24 bomber’s autopilot for successful navigation of mazes.
The 1960s and 1970s saw fundamental developments such as the creation of ELIZA, Joseph Weizenbaum’s first chatbot, and Shakey the Robot at Stanford, a pioneer of autonomous navigation. Despite criticisms and reduced funding and interest of people, there were still notable advances, including Ernst Dickmann’s first driverless car in 1986 and IBM’s ‘Deep Blue’ defeating chess champion Garry Kasparov in 1997.
It was in the 2000s when new developments in AI began particularly when Geoffrey Hinton’s work on neural networks in the 2010s laid the foundations for deep learning which was a foundation for advances such as Cynthia Breazeal’s ‘Kismet’ a social robot, NASA’s ‘Mars rover’, and IBM’s ‘Watson’, which won a Jeopardy award in 2011, etc. Major tech companies like Microsoft and Google have integrated these technologies into their platforms, ushering in a new era of AI capabilities.
INTELLECTUAL PROPERTY RIGHTS:
Article 27 OF The Universal Declaration of Human Rights (UDHR) states that “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
Intellectual property rights (IPRs) are legal privileges granted to manufacturers and inventors to protect their creations and goods. Intellectual property rights may be owned by individuals or companies. Generally, While the rights to copyrighted works are often owned by individuals, the rights to industrial inventions are generally controlled by companies.
Every author who creates a literary or other work of fiction, and every inventor of an industrial technology, is granted certain rights, including the sole ownership of his or her creation, and the ability to derive economic and financial benefits or other advantages from the intellectual property
INTELLECTUAL PROPERTY AND BRIEF HISTORY:
Intellectual property (IP) refers to all fundamental creations, developments, manufactures, inventions, and products of the human mind, including works of art, literature, technology, and science. Thus. Intellectual property rights are any rights that a person may acquire as a result of the development of intellectual property.
Intellectual property has a long, fascinating, and very complicated history. Its origins can be traced back to 500 BC when the Greek state of Sybaris allowed its residents to apply for a one-year patent for “Any new refinement of luxury.” Venice is considered the birthplace of intellectual property.
The first copyrights were granted in Italy. The British patent system formed the basis for patenting inventions, but the idea itself is about 150 years old. It should encourage innovation and give innovators the opportunity to profit from their inventions. Intellectual property rules and legal procedures originated in Europe in the 14th century, when patents were very popular. Since then, we can conclude that the purpose of patent, copyright, and trademark law has remained unchanged, despite increasing complexity over the years.
DEVELOPMENT OF IPR LAWS IN INDIA:
Since the introduction of the first copyright and patent laws in the middle of the 19th century during the British colonial era, intellectual property rights have a long history in India. However, these regulations did not take into account the requirements and goals of Indian innovators and creators because they were largely created to suit the interests of British businessmen. The need to safeguard the rights of intellectual property owners became required due to the surrounding growth. The rights of the intellectual property owner have to be safeguarded. Following India’s 1947 declaration of independence, the government initiated a number of initiatives to support homegrown invention and creativity while also defending individuals’ IP rights.
With modernization, the task was greater than it had been since it was now necessary to defend intellectual property rights on the global market in addition to providing protection for the product on the Indian market, as this stimulates innovation and creativity. As a result of the creation of the WTO and India’s signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), several new laws were created to safeguard intellectual property rights in order to comply with international commitments.
India’s dedication to the World Trade Organization (WTO) in accordance with the Trade Related Intellectual Property Rights Agreement (TRIPS) and its efforts to guarantee that its position on intellectual property laws was recognized internationally. The TRIPS Agreement allows for effective enforcement at the national and international levels and includes all types of intellectual property. It covers the application of the GATT’s guiding principles, as well as their purview, use, availability, enforcement, acquisition, and means for resolving disputes, and formal requirements.
TYPES OF IP’S AND LAWS REGARDING THEM:
1. COPYRIGHTS
With the unveiling of the statue of St. Anne in 1710, This law established a fixed period of protection and for the first time introduced the idea of giving rights to the creator of a work. A work is the owner of its copyright. A radical change from the previous system was made by the Statue of Anne, which gave authors and publishers the sole right to print and sell their works for a limited period of time. International harmonization of copyright laws took place in the 19th century. The ‘Berne Convention’ was enacted in 1886 to develop a global standard for copyright protection and ensure mutual recognition of copyrights.
India passed the ‘Copyright Act’ in 1847, allowing the government to force the publication of a book after the author’s death, even if the copyright owner objected. A new ‘Copyright Act’ similar to the ‘UK Copyright Act’ of 1911 was passed under British rule in 1914; however, sections 7 to 12 of the Act provide for criminal penalties for copyright infringement. The 1911 Act was amended several times until 1957 when an independent India passed a ‘Copyright Act’ in accordance with the provisions of the Berne Convention. The preamble of “THE COPYRIGHT ACT, 1957” reads as “An Act to amend and consolidate the law relating to copyright.”
As per Section 14 of this act, “Meaning of Copyright. — For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof…..”, whereas sec 13 deals with the work over which copyright subsists.
2. TRADEMARK
The maxim “nobody has any right to represent his goods as the goods of somebody else” and “nobody has the right to pass off his goods as the goods of somebody else” was established in Southern v. How (1617) (79 E.R.1243). Later, the courts used these concepts and prescribed “passing off” as a remedy.
India drafted the first Act on the topic called the Trademark Act of 1940 by copying the British Trademark Act, 1938. The Trade & Merchandise Mark Act, of 1958 was shaped by independent India. The Act became effective as the Trademark Act of 1999 and is now in effect. As per the preamble of the act it says, “An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks”, where, as per Section 2 (1) (zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours;
3. PATENTS
In 1474, the Venetian Senate introduced the first patent legislation, the Venetian Statute, which provided protection for novel and creative inventions in exchange for disclosure to the Venetian Republic.
The 16th century saw the English Crown issue letters patent to favored individuals for monopolies, which were misused. James I of England revoked these monopolies and integrated them into the 1624 Statute of Monopolies, and it was ruled that they may only be used for “projects of new invention.” This Statute served as the starting point for subsequent advances in patent law in England and other British-dominant countries.
Act VI of 1856 was the country’s first patent law, created to promote innovation and encourage inventors to divulge trade secrets. The Patterns and Designs Protection Act was repealed and replaced by the Indian Patents and Design Act, which included provisions for the extension of the duration of a patent from 14 to 16 years and the granting of secret patents. Following independence, committees were established to look at changes to the law, and the Patents Act of 1970 was passed after a revised measure was filed in 1967. The preamble which reads as follows “An Act to amend and consolidate the law relating to patents”. And it defines terms like ‘PATENT’, ‘INVENTION’ AND ‘INVENTORY STEP’, and ‘new invention, etc under definition clause sec 2. Whereas Section 3 of the said act deals with what are not inventions and thus can’t be patented.
DOES ARTIFICIAL INTELLIGENCE POSSESS INTELLECTUAL PROPERTY RIGHTS?
Artificial intelligence (AI) does not carry intellectual property rights as it is not considered a legal entity that can own property or rights. However, AI can be used to create inventions, works, or solutions that are eligible for intellectual property protection. In such cases, ownership of the intellectual property rights typically vests in the individual or company that developed or used the AI to create the intellectual property. In the context of patent law, the issue of inventorship, authorship, and ownership of artificial intelligence is a topic of debate. India’s current legal framework, particularly Section 3(k) of the Patents Act, 1970, does not allow for patenting of inventions created solely by AI or machine learning algorithms. AI itself does not have intellectual property rights, but creations and innovations made with AI may be eligible for intellectual property protection under existing laws. Also, the development model in India includes a huge amount of technological advancement, including AI. However, there is no specific act or provision to regulate AI specifically. There are well-established patent and copyright laws in India, but there is no particular act or provision to regulate AI specifically. The Patents Act of 1970 does not cover the ambit of AI, and the terms ‘patentee’ and ‘person interested’ create a barrier to including AI in its scope.
DOCTRINE OF SWEAT OF BROWAND MODIUM OF CREATIVITY:
The Copyright Act has two basic doctrines that define the originality of the work under this Act: Sweat of the Brow Doctrine and Modicum of Creativity. The doctrine states that a minimum degree of creativity is acceptable, but the rights of copyright are given to the ‘author’ of the work done under section 2 (d) of the Act. This act has been implied to be a human or legal person, making the idea of a machine to be protected and restricted. The current regime and laws are not in consonance with the upcoming and existing dynamics of technology, and the new technologies include various features like Amazon’s AI product ‘Alexa’ being used as a security measure to lock doors at homes. In case of failure due to confusion or misunderstanding of AI, there are various questions such as who will be made liable? Can the liability be shifted to the user? Furthermore, any new invention based on the same algorithm or concept may hamper the rights of the original owner, leading to litigation and chaos in the IPR sector.
CASE LAWS:
(2010PTC 44 541) (India).
The Delhi High Court ruled that AI-generated music, produced by a computer program, lacks human creativity and therefore cannot be protected by copyright. This case brings clarity to the copyrightability of AI-generated content in India.
- Ferid Allani v. Union Of India And Others (2019) (2019 SCC ONLINE DEL 11867) (India).
A patent application by a Tunisian national for a “Method and apparatus for accessing sources and services on the Internet” was rejected by the Indian Patent Office on the grounds that claims 1 to 8 and claims 9 to 8 under Section 3(k) of the Patents Act 14 are not new. The Intellectual Property Appellate Board (IPAB) upheld the rejection on the grounds that the application did not demonstrate any technical impact or further development. Indian law, similar to Article 52 of the European Patent Convention, does not grant patents for computer programs “per se” but for genuine inventions based on such programs. The applicant argued that the rejection was unjustified, whereas the respondent considered that the rejection was justified. The court agreed the allow the application ordered a re-examination of the patent and discussed the importance of technical advancement and the interpretation of patent law in the context of computer-related inventions.
(2023) (SCC ONLINE DEL 2772) (India).
This appeal concerns the interpretation of “computer program per se” in Section 3(k) of the Patents Act, 1970. Microsoft’s patent application was rejected by the Controller on April 11, 2019, under Section 15 of the Patents Act. Subject to Section 3(k), anything is unpatentable, meaning that further requirements are not met. The main issue is the correct interpretation of Section 3(k) and the patentability of the claimed invention based on its technical contribution. Microsoft argues that its invention improves computer and network security, while the Controller argues that the invention is merely an algorithm and falls under unpatentable subject matter. The judgment affirmed the rejection and found that claims 1 to 28 are directed to a computer program per se and are therefore not patentable under Section 3(k). This decision highlights the need for clear standards for assessing the patentability of computer and AI-related inventions based on technological advances and practical applications.
CONCLUSION:
In conclusion, the role of Intellectual Property Rights (IPRs) in the field of Artificial Intelligence (AI) is complex and critical. As AI technologies evolve, they are increasingly contributing to the creation of intellectual property, raising questions about ownership, authorship, and applicability of existing IPR laws. The current legal framework, particularly in India, does not fully accommodate AI-generated inventions, leading to debates over the patentability and copyrightability of such creations. Policy decisions and ongoing legislative debates highlight the need for a differentiated approach to IP rights that recognizes the unique capabilities and contributions of AI. Ensuring that IP laws evolve along with technological advances is essential to foster innovation while protecting the rights of creators and inventors in the AI era.
