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AI AND IP THREAT

ABSTRACT

We live in a technologically advanced age—2022—where everything from smartphones to robots is commonplace. Robots that are more efficient and quicker to work than people are now a reality. There can be no question about how accurate technology is. But people are the ones who created technology. If we consider a few films, such as The Terminator (1984), which showed how machines replaced humans in the workforce, Those things seemed like wild fantasies to us back then, but now we can see how technology has improved manual labour. In this article, I’ll talk about how AI affects IP laws and whether or not it poses a risk to IP rights.

AI nowadays consists of the sub-fields of system learning and deep learning, which are often cited in conjunction with synthetic intelligence. Generally, AI algorithms are responsible for creating these disciplines by making predictions or classifications based on entering statistics. A few machine-learning algorithms have advanced some expert structures and made it easier to create them.

Today, AI plays an often-invisible role in everyday life, powering search engines like Google, product guidelines, and speech recognition systems. Artificial intelligence it’s a field that, in its ideal state, combines computer technology with substantial datasets to enable problem-solving. The goal of expert structures, one of the first successful AI programs, was to mimic how people make decisions. Extraction and codification of human understanding took time in the beginning.

KEYWORDS: Artificial intelligence, Intellectual property, IP threat, Copyright, IPR Laws, data theft

INTRODUCTION

AI i.e. Artificial Intelligence [1]is not particularly a novel concept. With AI, we are all very familiar. We refer to it as AI when a machine behaves in a human-like manner. AI is a synthesis of many academic fields, including science, math, sociology, philosophy, etc. Various viewpoints exist regarding the advancement of AI. Some claim that artificial intelligence (AI) will take the place of people and eventually surpass humanity, while others have praised the advancement of AI and asserted that it will enhance human life.

As is common knowledge, intellectual property laws protect works that we have created with our minds. But when it comes to AI, it’s unclear who exactly owns the intellectual property rights to the works that AI produces today. Our intellectual property laws safeguard the work produced by people, not machines. Therefore, the crucial question is how IP laws will handle such creations. The crucial query here is how IP laws will approach such creations.

SCOPE OF AI AND IP THREAT

Artificial Intelligence isn’t always new; we all are aware of AI. When machines or robots paint in a human-like manner, we name it Artificial Intelligence. Artificial Intelligence is an aggregate of different reviews on AI improvement or development. Some say that Artificial Intelligence will replace people and becomes more robust than mankind, at the same time as others applauded AI development and claim that it’d enhance the exceptional of human existence.

 AI and Patent: It is confident that Artificial Intelligence will create a brawl in the Patent commercial enterprise. There are various viewpoints raised via distinctive Law firms & Jurists on whether the invention created by using Artificial Intelligence must be granted a Patent or no longer. If the Patent is issued to the same, who could be the holder or the software program developer of the Artificial Intelligence? There is a no different institution that supports the concept that the innovation created using Artificial Intelligence ought to be issued a Patent. They assume that it will aid in growing more modern machines in the upcoming destiny.

AI and Copyright: Copyright[2] authorizes the writer to protect their work. The work may be dramatic, literary, musical, artistic paintings, and so forth. The basis at the back of Copyright is to shield the work of the creative thoughts. With the assistance of the superior era, Artificial Intelligence can create real work with no human interference. At present, it’s miles a situation whether the paintings created through Artificial Intelligence are safeguarded or no longer. According to the Indian Copyright Law, it appears tough to shield the work created through Artificial Intelligence.

AI and Trademark: From smartphones to smart refrigerators or smart AC, we have fulfilled our ordinary commitments with the assistance of Artificial Intelligence. When we search or order online, we discover the topmost brands. However, there is a large threat that AUI can obstruct the opposition inside the market due to its selective technique. It’s very tough to discover how AI can violate Trademarks[3]. There is an awful want for brand new rules & rules in the Trademark concerning Artificial intelligence.

INTRODUCTION OF AI

MEANING OF AI: Artificial intelligence is the copy of human intelligence of robots or other machines, particularly computer systems. Applications of artificial intelligence include professional structures, device vision, and speech recognition (like Alexa). For a foundation of dedicated hardware and software to support learning algorithms for education and writing systems, artificial intelligence is required. No programming language, but some, including R& Java, and Python, is synonymous with artificial intelligence.

In its most effective shape, artificial intelligence is a topic that combines laptop technological expertise and robust datasets to allow hassle-fixing. Expert systems, an early success software program of AI, aimed to copy a human’s preference-making approach. The synthesis and codification of human knowledge became difficult in the early days.

IMPORTANCE OF AI: AI automates repetitive learning and discovery thru statistics. Instead of automating guide tasks, AI plays common, high-extent, automatic duties. And it does so reliably and without fatigue. Of path, people are still vital to install the device and asking about proper questions.

AI adds intelligence to present products. Many merchandises we are using can be advanced with AI capabilities, just as Siri brought a new feature for a brand-new era of Apple merchandise. Automation, conversational structures, bots, and smart machines can get blended with big quantities of statistics for the enhancement of various technologies. Upgrades at home and within the job places range from safety intelligence and clever cams to funding analysis.

AI adapts through modern learning algorithms to allow the records to perform programming. AI unearths the shape and regularities of records for algorithms to collect abilities.

AI employs neural networks with numerous hidden layers to analyse statistics in greater and greater depth. The five hidden layers of a fraud detection system used to be impossible to construct. Thousands of data points and powerful computers have revolutionized everything.  Since models learn directly from statistics, teaching deep learning requires a lot of facts.

Deep neural networks enable extremely accurate AI. For instance, all of your interactions with Google and Alexa[4] depend on a thorough getting-to-know-you. And the more you use these products, the more accurate they become. In the scientific field, most cancers on medical images can now be accurately identified using AI techniques from deep learning and item reputation.

IP THREAT

MEANING OF IP THREAT: Intellectual property, or IP, [5]refers to a class of assets that includes intangible works of human intelligence. Different types of intellectual property exist, and some countries are more aware of them than others. The most popular types include patents, trade secrets, trademarks, and copyrights. In essence, the phrase “Intellectual Property” was first used in the nineteenth century, but it wasn’t until the late twentieth century that IP was widely recognized by the bulk of criminal organisations around the world. The major objective of IP regulation is the introduction of a wide range of high-end goods. To do this, the law often allows people and businesses temporary property rights to the knowledge and creative creations they make. “Intelligence is the efficiency with which to procure new abilities at responsibilities you did not previously put together for.”

IP THREAT IN CURRENT SCENARIO: Threats to the intellectual property include threats from hackers, threats from personnel, and threats from unauthorized copying on the internet.

Internet threats to intellectual property: The expansion of the wide range of businesses using it has been inevitable given the rise of the internet as the primary platform for verbal communication worldwide. Interacting with customers and employees has become easier for businesses thanks to the internet. Typically, businesses use the internet to advertise, promote, and enable employee collaboration. However, there are some drawbacks to the convenience of online communication. The biggest risk is internet could expose a company’s intellectual property for theft and misuse.

How to Prevent Overt Company Data Theft over the Internet:

Companies must take the following simple measures to reduce instances of online theft of expensive items:

Disclaimers and Notices: Businesses can use contracts, notices, and disclaimers to warn customers about the improper transfer of company assets. Even though the effectiveness of such notices is limited, they can stop law-abiding people from misusing expensive online property.

Utilization of Technical Methods: Businesses may also invest in technical means of preventing IP theft on the online web. Like, as the use of image watermarks and software encryption to deter unauthorized customers.

Hacker-based Intellectual Property Theft: There is an increase in the number of computer hackers who use various tools to remotely steal intellectual property. Many things can inspire hackers. While some hackers are young people whose main goal is to demonstrate their hacking skills, there is a more serious risk from former employees who want to exact real retribution and hackers employed by rival companies or foreign governments who want access to trade secrets and techniques. Particularly the Chinese government has come under fire for several high-profile thefts of unconventional knowledge and methods.

How to Avoid Hackers Accessing Your Data: There are some actions business owners can take to protect their intellectual property from hackers. Employees need to be made aware of the importance of data security.[6]

The company can use effective computer firewalls to try to keep hackers away from organization networks.

AI AND IP THREAT

It’s surprising that many huge entities like IBM and Microsoft have filed Patent applications for Artificial Intelligence and have been issued Patents over AI technology. Many groups around the sector are making investment billions of cash in the improvement of Artificial Intelligence. There are three one-of-a-kind categories in Artificial Intelligence given through WIPO or World Intellectual Property Organisation[7]. These are notion systems, professional structures, and herbal language systems. Perception Systems address the simulation of human intelligence by using Artificial Intelligence. Natural Language Systems offer the grammatical mistakes & means of words utilized by Artificial Intelligence. Expert Systems are related to the complicated troubles solved via the information proven in Artificial Intelligence.

In the approaching years, there are many those who think that AI can record and issue Patent packages that may be risky to the rationale at the back of IPR Laws, and AI will affect the destiny of IP Laws. IP Laws are supposed to guard the unique paintings created by humans. Intellectual Property Laws cope with the paintings produced by modern paintings.

AI & IP REGULATION

Systems for protecting intellectual property (IP) were created to promote human invention and innovation. Up until recently, this kind of invention and innovation became one of the traits that separated humans from other species.

As AI continues to gain popularity as a general-purpose technology with numerous applications in the economy and society, it raises crucial issues that are at the core of the current IP systems. Incentives for IP are desired for AI innovation and introduction. How should the price of human invention and development be weighed against the development and introduction of AI? Does the emergence of AI necessitate any changes to the current IP frameworks? Do the current IP structures need to be modified to offer a system with a balance of safety-created works and inventions, Al itself, and the statistics Al relies directly on to operate?

IP Clearing House for AI

For many nations throughout the world, AI is evolving into a strategic capability. Strategies for enhancing AI capabilities and AI regulatory measures are increasingly being developed.

With the assistance of the Member States, WIPO continuously compiles and publishes the key government tools relevant to AI and IP. Members are encouraged to inform WIPO of any changes to their policies.

In Practical scenarios: IP rights infringement and enforcement on content-sharing platforms In light of EU[8] Directive No. The study discusses how AI technologies can be used in unique cases regarding the addition of protected substances on the internet per Law 790 of 2019 (the Copyright Directive, already in effect in Italy and 15 other member states of the relevant provisions governing carrier policy in online content-sharing).

For example, system learning tools may be used to remove digital watermarks and dots that are used to prevent the online distribution of illegal copies of copyrighted works, as well as to create “deep fakes”—described in the Study as “synthetic media in which an individual in an image or video is replaced with any other’s likeness”—that are created using a particular type of system learning known as “generative adversarial networks.” Artificial images, films, or sounds may be produced mimicking the natural and/or original ones using models that figure out how to construct new statistics with the same characteristics as the “education” data that was given into the network.

On the other hand, the government could make excellent use of that same era. To identify deep fakes on social media that violate copyright and design rights, law enforcement can use AI bots.

Additionally, computer vision packages may be used in the field of IP. For instance, computer vision packages may be used to determine whether movies are real or artificially produced.

Additionally, the EUIPO [European Union Intellectual Property Office (EUIPO)] [9] emphasizes the value of natural language processing technology, which refers to tools that computers can use to process data to understand the meaning of human language. Law enforcement can use such technologies to look at how people behave and what they share. To prevent future violations and to prove the legitimacy of counterfeited content, correlations can be discovered in datasets.

The updated enforcement tools made available by the copyright directives: AI technologies can also be utilized to improve IP violation detection [10]and, most likely, prediction. The same method, though, is increasingly being used for legal infringing activities as well. Such applications of AI technology may become more and more prevalent in the context of the brand-new topic made possible by the Copyright Directive[11].

Under the updated regulations, sites for user-generated content sharing must obtain the proper holders’ consent before granting the general public access to copyright-protected work that has been submitted by their users. Without this permission, platform operators will be held liable for copyright violations unless they can demonstrate that

(i) they made every effort to obtain permission,

(ii) they made every effort to ensure the non-availability of works for which the right holders have provided the necessary information, and

(iii) they acted swiftly after receiving sufficiently substantiated notice from the right holders to remove the content.

Service providers can use AI to identify infringing materials, lower capacity liability, and ensure the safety of legitimate holders by using AI. Nevertheless, the widespread use of such technology can make it more difficult to detect potential violations. This increases the likelihood that businesses will be held liable.

A double-edged sword” is AI. Service providers must ensure that they own this sword and know how to use it effectively to meet the standards for good faith efforts in thwarting cutting-edge AI-based IP rights violations.

SUGGESTIONS AND RECOMMENDATIONS

It is abundantly clear that current intellectual property laws are unable to adequately address inventions and works related to AI. With each new decade, technology is evolving in new directions. We were not familiar with smartphones in 2000. However, a new Android phone, smartwatch, iPhone, etc. is purchased every second. On our smartphones, whether it be for face IDs or fingerprint locks[12], we all use artificial intelligence. Even the most highly developed countries, like the US, lack laws that address AI’s work. The European Union is considering laws governing AI as well.

All IP laws talk about human beings’ works or inventions. Copyright specifically talks about the work that is created by the creative minds of humans and is eligible for protection. Laws about trademarks and patents similarly refer to creations made by people. There is a determined need, more than ever, to formulate IP laws that could relax the traits of AI innovation. This could reward creative works and innovations via copyright or patent award.

To differentiate between AI-created works and AI-aided works, a specific perspective must be formulated. The correct IP holder may be decided thereon. The patent regulation simply demarcates between an inventor and an invention but the class beneath which AI structures fall is not yet determined. It is necessary for the regulation to be more precise, and clear and to include provisions with more understandable language. Similarly, the definition of authorship below the copyright act has to be examined and adjusted in keeping with the changing dynamics. There have been ambiguities in trademark laws as well. AI’s popularity and function, especially in situations where humans commonly feel they perform the first-class role, need to be analysed.

AI has raised some concerns for WIPO. The identity issue has been discussed in various ways, however, there needs to be a proper global policy in place.

For AI software, a specific action must be taken. It has to cover civil and criminal liabilities and offenses that amount to the same thing. IP sharing between the inventor of the AI and the AI itself may be an opportunity in the months to come. It becomes an essential part of the maintenance plan. The future is loaded with countless possibilities and exciting motorization.

CONCLUSION

Artificial Intelligence has become an essential part of human lives. With the usage of AI, records may be modified or gathered in a much more efficient way. Advanced technology has led to a boom in usage. Therefore, it becomes a pressing issue to make proper legal guidelines concerning the same. Observing and examining the issues and demand challenges associated with AI, a generation that is rapidly changing, is more pertinent. IPR is already a growing area. With technological advancements, many factors are being brought under its ambit.

Artificial intelligence is certainly one of them that needs to be considered. AI and IPR are in a tough situation. The implementation of IPR in AI with method and safety logs at hand is a real hassle. There is also a lack of information about the special capabilities of AI. This becomes more difficult in developing nations like India, which are still struggling through rigorous technological adaptations.

Presently, it is through the interpretation of the courts that the issues revolving around AI and IPR are being addressed. However, many issues require clear, based, and analysed rules. Amendments should be made to present IPR legal guidelines to deal with the difficulty of AI as well. With the use of AI, there may be an added advantage for future inventions. India has been searching tirelessly for ways to do this. Niti Aayog in a discussion paper in 2018, described approximately the significance of AI in healthcare, training, infrastructure, and so on.

It was also noted that such a generation would be beneficial during a pandemic. In that case, it was recommended to use artificial intelligence to meet the criteria of the Indian Patent Act.  This would facilitate faster operations in statistics processing, screening, bookkeeping, examination, clinical assistance, hearings, and application filing at some point in a pandemic. However, there may still be a lot of guidelines that need to be established, but the infrastructure for the implementation of such regulations also needs to be decided.

The creator believes that it’s the call for of latest instances to regulate the IP Laws concerning AI. Artificial Intelligence shouldn’t be the owner of their innovation/work; rather, the software program developer must be the holder and be held eligible for the acts devoted by the Artificial Intelligence.


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[10]MANDOUR&ASSOCIATES,INTELLECTUAL PROPERTLAW, https://www.mandourlaw.com/intellectual-property-violations/ (last visited May 25, 2004)

[11] Darren Allan, EU Copyright Directive: what does it mean, and should you be worried?, TECHDAR BLOG (Mar.29,2019,9:00A.M.),                                                                                       

https://www.techradar.com/news/eu-copyright-directive-what-does-it-mean-and-should-you-be-worried

[12] Reece Thompson, How do Fingerprint Locks Work? All you Need to Know, ALARMS4LIFE BLOG (August 4, 2020, 12:01 A.M.), https://alarms4life.com/advice/how-fingerprint-locks-work/