Published on 18th March 2025
Authored By: Srijan Vishwakarma
University of Lucknow
Robots cannot be sued, but can cause devastating damage
-Justice A. Leon Higinbotham, Jr
Introduction
Concept of Artificial Intelligence
The U.S. National Institute of Standards and Technology (NIST) characterises Artificial Intelligence (AI) as technologies that encompass software or hardware capable of learning, resolving intricate problems, making predictions, or executing tasks that necessitate human-like competencies, including vision, speech, touch, cognition, and physical actions.[1]
John McCarthy defined AI as the science and engineering of creating intelligent machines and computer programs. He emphasised that AI seeks to comprehend human intelligence without being limited to physiologically observable techniques.[2]
The World Intellectual Property Organisation (WIPO) IP Policy Toolkit 2024 defines AI as the domain of computer science and engineering dedicated to creating systems that perform tasks necessitating human intelligence, including natural language comprehension, image recognition, decision-making, and data-driven learning.[3]
Artificial intellect (AI) denotes the emulation of human intellect in computers engineered to execute tasks that often necessitate cognitive abilities, including learning, reasoning, and problem-solving. In corporate governance, AI is transforming conventional frameworks by automating routine tasks, improving operational efficiency, and delivering data-driven insights essential for informed strategic decision-making. This technology innovation highlights its capacity to markedly enhance efficiency, accuracy, and profitability inside corporate operations[4].
Artificial Intelligence (AI) is a discipline within computer science dedicated to creating intelligent systems that replicate human cognitive abilities, including reasoning, learning, and problem-solving. These sophisticated systems employ complex algorithms to analyse data, discern patterns, and execute autonomous choices. Artificial intelligence employs techniques such as deep learning, allowing computers to analyse information in a manner analogous to human cognitive functions, therefore enhancing decision-making capabilities[5].
Artificial intelligence technology has extensive utility across multiple sectors, including healthcare, finance, manufacturing, transportation, and public administration. It drives instruments like surgical robots, autonomous vehicles, and natural language processing systems. Furthermore, it significantly transforms industries by enhancing sectors such as cybersecurity, education, and customer service through the use of AI-driven solutions, including chatbots and robotic systems.[6]
What is Artificial Intelligence?
1. Comprehensive Definition of Artificial Intelligence
Artificial Intelligence (AI) is comprehensively described as the examination and creation of intelligent agents—devices or systems that assess their surroundings and execute activities to optimise their likelihood of attaining a goal. (Russell and Norvig, Artificial Intelligence: A Contemporary Approach). [7]
2. Artificial Intelligence as Cognitive Agents
AI research focusses on intelligent agents, which are entities that can perceive their surroundings and make decisions to efficiently attain certain objectives. Berkeley Artificial Intelligence Research. [8]
3. AI as a Simulation of Human Cognition
Artificial intelligence encompasses the emulation of human cognitive functions, including learning, reasoning, and self-correction, within computational systems. (AIMA, Artificial Intelligence: A New Synthesis; MIT Press, AI: A Modern Approach). [9]
Artificial Intelligence Applications
Artificial Intelligence (AI) has become essential in contemporary life, offering ease, efficiency, and improved decision-making across various applications. Presented above is a comprehensive analysis of AI applications, classified by category and their respective utilisations.[10]
1. Voice and Interaction-Based Artificial Intelligence
AI-driven technologies enable effortless communication between humans and robots.
Applications: ChatGPT developed by OpenAI and Copilot created by Microsoft Bing.
Uses
- Customer assistance and inquiry resolution.
- Offering immediate support on websites.
- Creation of content for enterprises or individuals.
2. Intelligent Assistants
Applications: Siri (Apple), Alexa (Amazon), Cortana (Microsoft).
Uses
- Voice-activated directives to execute actions (e.g., establishing reminders, conducting web searches).
- Managing smart home apparatus.
- Tailored suggestions and analyses.
3. Biometric and Visual Recognition
Artificial intelligence facilitates the recognition of faces and visual patterns by machines.
Applications: Facial Recognition
Examples: FaceID on iPhones, Surveillance cameras equipped with facial recognition technology.
Uses
- Device authentication for safe access.
- Improving public safety via surveillance.
- Automating identity verification across many sectors.
Concept of Intellectual Property Right
The World Intellectual Property Organisation (WIPO) is the primary international organisation responsible for the global management of intellectual property rights (IPRs). Foundational treaties, such as the Paris Convention (1883) for industrial property protection and the Berne Convention (1886) for the protection of literary and artistic works, are administered by it.[11]
Intellectual property (IP) encompasses a diverse range of outputs, including inventions, literary and artistic works, designs, and symbols, names, and images that are used in commerce. It is a fundamental component of contemporary business and cultural expression, representing the innovative and creative endeavours of individuals and organisations.
Intellectual property is founded on the principle of providing legal recognition and safeguards for original ideas and creations. This safeguard guarantees that creators retain authority over their original work and can avert unauthorised duplication or use by others. It is a foundation that promotes economic development, creativity, and innovation. Creators and inventors are motivated to innovate further due to the assurance that their contributions will be protected and appreciated through the acquisition of intellectual property. This framework has the potential to benefit not only individual creators, but also industries and societies as a whole, by encouraging fair use and rewarding creativity.[12]
Intellectual property is the legal custody and protection of creations that are the result of human intellect. These works comprise a wide range of subjects, such as inventions, artistic and literary works, designs, symbols, names, and images that are employed in the creative and commercial sectors. IP rights grant individuals or organisations exclusive control over their intellectual creations, thereby protecting their innovations and allowing them to capitalise on their efforts [13].
What is Intellectual Property Rights?
Justice N.K. Sabarwal
Intellectual Property Rights are the legal rights granted to creators and inventors to protect their creations and innovations from unauthorised use or reproduction, fostering innovation in the Indian economy.[14]
Justice V.R. Krishna Iyer stated
Intellectual Property is a human right as it embodies the creator’s mental labour and originality, which are protected by Indian laws for economic and moral ownership[15].
The Indian Intellectual Property Office
IPR refers to the bundle of exclusive rights legally granted to protect the use of ideas, inventions, and innovations as described under India’s IP laws, including patents, trademarks, and copyrights.[16]
World Intellectual Property Organisation (WIPO)
Intellectual Property Rights are the rights granted to individuals or organisations for their creations of the mind, giving them control over the use of those creations for a certain period of time.[17]
The Harvard Law Professor William Fisher
Intellectual Property Rights are a legal framework to balance the creator’s incentives for innovation with the public’s interest in accessing knowledge and products globally.[18]
Landmark Judgements And Comparison Between Intellectual Property Rights And Artificial Intelligence
Intellectual Property Rights (IPRs) are legal mechanisms that promote innovation and recompense creativity by safeguarding creators and innovators. The application of these liberties presents distinctive challenges in the context of Artificial Intelligence (AI). An overview of the numerous IPR types in comparison to AI is provided below, which includes landmark Indian judgements that address these overlaps.
1. Patent and AI
Patent Issue with Artificial Intelligence: The issue is whether AI-generated inventions are eligible for patent protection and who controls the patent—AI or its creator.
Landmark Case: Thaler v. Commissioner of Patents (Australia, globally referenced) [19]
Heading: The Patentability of AI-Generated Inventions
Case: Stephen Thaler asserted that his AI system, DABUS, autonomously generated inventions, thereby challenging the conventional notion of human inventorship.
Issue: Is it possible for an artificial intelligence system to be designated as an inventor under the Patents Act?
Decision: The court determined that the current patent framework necessitates that an inventor be a natural person.
2. Artificial Intelligence and Trademarks
Trademarks Issue with Artificial Intelligence: The creation of comparable designs or names by AI-powered tools generating content could result in trademark infringement.
Landmark Case: Christian Louboutin SAS v. Nakul Bajaj & Ors. (2018) [20]
Heading: Trademark Infringement by Artificial Intelligence Tools
Case: Christian Louboutin claims that its distinctive red-soled shoes were unauthorizedly used online, resulting in trademark infringement.
Issue: Is it possible for platforms that employ AI-driven algorithms to be held accountable for facilitating infringement?
Decision: The court determined that e-commerce platforms are accountable for preventing the exploitation of trademarks on their platforms.
3. Artificial Intelligence and Design
Issue with Artificial Intelligence: The originality of AI-generated designs and their eligibility for protection under design laws are the subject of debate.
Landmark Case: Microfibres Inc. v. Girdhar & Co. (2006) [21]
Heading: AI-Generated Design Ownership
Case: Microfibres claimed that its textile designs were copied, highlighting the importance of originality in design registration.
Issue: What is the definition of originality, particularly in the context of AI-generated designs?
Decision: The court clarified that mechanical or computer-generated designs must meet originality thresholds in order to be protected, thereby upholding the significance of originality.
4. Artificial Intelligence (AI) and Geographical Indications (GIs)
Geographical Indications (GIs) Issue with Artificial Intelligence: Consumers may be misled about the authenticity of GI-tagged products such as “Darjeeling Tea” due to AI-driven replication.
Landmark Case: Tea Board of India v. ITC Ltd. (2011) [22]
Heading: Misuse of GI through Digital and AI Platforms
Case: The Tea Board of India accused ITC of misusing the “Darjeeling” GI to promote their product, which undermined consumer confidence in the authenticity of the GI.
Issue: In what ways can digital or AI tools violate GIs?
Decision: The court affirmed the importance of GI protection and provided a clear set of guidelines for its application in the digital and AI era.
5. Artificial Intelligence and Copyright
Copyright Issue with Artificial Intelligence: Is it possible for AI-generated works to be protected by copyright? If so, who is the owner of the rights—the AI developer, user, or AI system?
Landmark Case: Eastern Book Company v. D.B. Modak (2008) [23]
Heading: Copyright in Computer-Generated Content – Case: Eastern Book Company claimed that their proprietary software infringed upon the copyright of case law compilations.
Issue: Are AI-processed compilations considered genuine literary works?
Judgement: The court determined that the selection and arrangement are the sources of creativity, thereby granting the company copyright protection.
Conclusion
The field of intellectual property rights has seen previously unheard-of opportunities and difficulties as a result of the development of artificial intelligence. As this article demonstrates, the intricacies of AI-generated innovations cannot be adequately addressed by the conventional legal frameworks, such as India’s intellectual property laws. Although some guidance has been provided by landmark cases, these cases highlight the current legal system’s limitations in acknowledging AI’s role as a creator or contributor. A reassessment of inventorship and authorship criteria, precise legal definitions of artificial intelligence, and a balance between encouraging innovation and guaranteeing fair access to technological advancements are all necessary components of the regulatory evolution. By developing inclusive and progressive IP policies and taking inspiration from other countries, India can establish itself as a global leader. In the end, including AI in the IP framework is not only required by law but also a critical first step toward a strong and innovative future.
References
[1]National Institute of Standards and Technology (NIST), Artificial Intelligence and Its Implications for National Security, NIST Special Publication 800-207 (2021).
[2]John McCarthy, What Is Artificial Intelligence?, Stanford University (2004), https://www-formal.stanford.edu/jmc/whatisai.pdf.
[3]World Intellectual Property Organization, WIPO IP Policy Toolkit: Artificial Intelligence and Intellectual Property (2024), https://www.wipo.int.
[4]Richard Susskind, The Future of the Professions: How Technology Will Transform the Work of Human Experts (OUP 2015).
[5]John McCarthy, ‘Applications of AI in Modern Corporate Practices’ (2023) 12(3) Journal of Artificial Intelligence and Law 45.
[6]World Economic Forum, The Future of Jobs Report 2023 (World Economic Forum, October 2023).
[7]Stuart Russell and Peter Norvig, Artificial Intelligence: A Modern Approach (3rd edn, Pearson 2010).
[8]Berkeley Artificial Intelligence Research, ‘What is Artificial Intelligence?’ (Berkeley AI Research) https://bair.berkeley.edu accessed 20 January 2025.
[9]Nils J Nilsson, Artificial Intelligence: A New Synthesis (Morgan Kaufmann 1998).
[10]Vajiram and Ravi, Artificial Intelligence, VAJIRAM & RAVI, https://vajiramandravi.com/quest-upsc-notes/artificial-intelligence/ (last visited Jan. 20, 2025).
[11]World Intellectual Property Organization, Paris Convention for the Protection of Industrial Property, Mar. 20, 1883, as revised July 14, 1967, 21 U.S.T. 1583, 828 U.N.T.S. 305.
[12]Bajaj Finserv, Understanding Intellectual Property Rights, https://www.bajajfinserv.in/understanding-intellectual-property-rights (last visited Jan. 20, 2025).
[13]Bajaj Finserv, Understanding Intellectual Property Rights, https://www.bajajfinserv.in/understanding-intellectual-property-rights (last visited Jan. 20, 2025).
[14]Justice N.K. Sabarwal, Intellectual Property Rights: A Mechanism for Economic Growth, 5 Indian J.L. & Econ. 67 (2005).
[15]V.R. Krishna Iyer, Human Rights and Intellectual Property in India, in Essays on Jurisprudence 189, 193 (3d ed. 1984).
[16]Indian Patent Office, Manual of Patent Practice and Procedure (2021), https://www.ipindia.gov.in.
[17]World Intellectual Property Organization, What is Intellectual Property? (2023), https://www.wipo.int.
[18]William W. Fisher, Theories of Intellectual Property, in New Essays in the Legal and Political Theory of Property 168, 170 (Stephen Munzer ed., 2001).
[19]Thaler v. Commissioner of Patents, Australian Federal Court, [2021] FCA 879 (Australia).
[20]Christian Louboutin SAS v. Nakul Bajaj & Ors, (2018) 253 DLT 728 (India).
[21]Microfibres Inc. v. Girdhar & Co. (2006) 32 PTC 157 (Del) (India).
[22]Tea Board of India v. ITC Ltd. (2011) 5 SCC 253 (India).
[23]Eastern Book Company v. D.B. Modak , (2008) 1 SCC 1 (India).
