INTELLECTUAL PROPERTY RIGHTS

AND
ARTIFICIAL INTELLIGENCE

INTRODUCTION
Artificial Intelligence (AI) has arisen in the field of creativity and innovation and
is deemed to become an important aspect of our daily lives in the near future.
The use of AI is not limited to social media and entertainment but has
accelerated to retail as well. The new technologies of Artificial Intelligence has
presented us with opportunities in various fields which also involve life
enhancing inventions. But, it should be kept in mind that there are social,
economic and ethical implications with every invention that need to be
addressed and the policies thereto adjusted accordingly.
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WIPO (World Intellectual Property Organization) is the global forum for
intellectual property (IP) services, policy, information and cooperation. It is a
self-funding agency of the United Nations, with 193 member states. The mission
is to lead the development of a balanced and effective international IP system
that enables innovation and creativity for the benefit of all. WIPO has held
meetings in the previous decade bringing together all the member states for
majorly discussing the impact of IP and AI with a view to formulate policies and
improve and promote both the markets. Intellectual Property has always had a
symbolic relationship with new inventions.
Intellectual Property and AI brought together will have two impacts: on one
hand AI can be an asset by providing accurate and timely research and providing
a tool to sort out inventions and ideas, on the other hand it might also be a
threat to innovation and creativity which is core and essential of Intellectual
Property.
A rampant growth of AI has been seen in the previous years which involves
performance of basic actions like calculations to performing complex actions. In

1
WIPO - World Intellectual Property Organization
the coming future, AI will be able to perform way more actions than that what
a human could do. AI, once a distant dream now has come out and it is for sure
that the field of Intellectual Property involving various other fields will not
remain untouched by it. Intellectual property is a result of innovation by the
human intellect and therefore it covers AI under its umbrella.
As quoted by Stephen Hawking, “AI is either going to be the best or the worst
thing happened to humanity.” The biggest question to humanity in recent times
is whether the technologies and actions of AI has made our lives much better by
saving our time or it has reduced the capability of humans to reason, research,
consider and then decide.
There are three major types of Intellectual Property Rights: Patent, Copyright
and Trademark. The issues relating to intersection of AI and the above listed
intellectual properties are discussed hereunder.

COPYRIGHT and AI
Commonly, copyright is known as a right that is vested with someone who has
created his original work and the work that can be literary work, song etc.
Robotic artists have been involved in several types of creative works since long.
Computers have been generating works of art with creative input of the
programmer. Although the technological revolution has made us to rethink the
convergence of computers and creative works. As the creative work is merely a
result of computer generated program, the question of copyright was not in
trend previously but due to the technological advancements, it has made us to
rethink about the copyright laws protecting such artistic works. Traditionally,
the originality requiring a human’s intellect is the qualification for ownership of
copyright. Latest revolution of artificial intelligence, the computer program is no
longer a tool but a major decision maker involving creative process without
intervention of humans.
The laws governing these advance creative works by computer programs could
have a long term effect on commercial market. Artificial intelligence is recently
being used to produce creative works like music, gaming etc. According to
traditional knowledge, these works could be deemed free of copyright
ownership as they do not involve human intellect.
Things will likely become more complex as use of AI is becoming widespread and
as the advancements in technologies take place. Imagine investing lakhs or
crores in a tool that produces creative work for you, only to find out that work
is not protected by law and can be used by anyone.
The system is going to be further blurry if solution is not concluded soon.
According to the UK model, the most sensible approach would be to give
ownership of copyright to the person who made artistic and creative works
possible through Artificial Intelligence. This solution may not be contrary to the
justifications of copyright laws and will ensure the investment of companies in
the technology with safe return on this investment. A debate may also arise,
whether the Artificial Intelligence be given rights and status of a human being
but that may become a whole another story.

PATENT AND AI
Patent is a license or government authority that grants a right or title for a
specific period of time for an invention. Particularly, an exclusive right to prevent
others from producing, utilizing or selling that invention.
The convergence of Artificial Intelligence and Patent laws has been in question
recently. Either AI will prove to be an asset for protection of patent, search of
patent, tools for the search and for investors also by giving them an insight at
the first stage as to whether their idea already exists or no. Invention and
Innovation is all what Patent is about and AI is advancing day by day which is
making it capable of having human intelligence which can do inventions without
any other input or intervention.
When it comes to this topic, we need to observe some specific areas to
understand the question of patent laws governing AI in a more precise manner:
 Pharmaceutical sector: AI has been capable of finding new methods to
invent a new medicine of utmost priority but the main issue lies about the
ownership of patent. The most common example can be of a vaccine to
prevent from COVID-19, the invention of a vaccine comes with ambiguity
of its patent, whether it will go to the AI machinery, or programmer of
that machinery or purchaser of the vaccine. Such issue will create dispute
of price and availability in the international market as well.
 Road Safety: So many projects are being developed in order to ensure
road safety but then the majority number of deaths due to accidents
cannot be ignored. It is great possibility that AI can invent some new
safety features or cars without drivers which can minimize this number
but the issue of ownership of patent still lies unanswered.
For now, it is believed that no changes in patent laws are required as for
public interest as it may disturb the fundamental principles of patents but as
the technology advances and involvement of AI increases in such innovations
where no human intervention would be needed, then the mechanisms of
protection for outcomes of such technology must be reconsidered.

TRADEMARKS AND AI
From the very beginning, trademark law has been making great efforts in
removing the confusion and protecting the original trademarks.
During the process of consumption of any good or service, the customer
establishes an emotional bond with the brands and literally interact with
them. However, Artificial Intelligence has been successful in helping build this
bond. Nowadays, it is the technology which determines public choices. The
technology of Artificial Intelligence has replaced the common or average
consumer. As the present generation is preferring online shopping with the
help of Artificial Intelligence, the basic aspects of trademarks are bound to
hit.
The uniqueness of AI technology is that it analyses the data and based on
certain criteria, it suggests the product. Similarly, when voice controlled
products like Alexa are used, it raises a question of originality as on what basis
the AI is suggesting the product. Alexa is capable of understanding human
emotions and interact accordingly, also order products automatically based
on market trends and brand information.
It is believed at present that AI is suggesting products based on price and
speed of delivery which is causing damage to brands and consumers. The
trademark law presently is very effective but the question lies herein if it
ready to grapple with the issues of AI to minimize infringement.
We can also understand this concept with the help of the only proper case
regarding this matter: LUSH v/s AMAZON2
In the above matter, products of LUSH are not sold on amazon but when
anyone searches the word ‘Lush’ the AI directs the customer to similar
products rather the original brand. It is causing damage to reputation of the
brand and to the consumers who have a bond with the respective brand. The
court held Amazon liable for infringement of trademark.
It is now believed that the advancement in technologies has forced the courts
to come up with new ideas, concepts and interpretations of the trademark
law.

CONCLUSION
Artificial Intelligence has become an essential part of our lives. It is a type of
technology which is moving at very fast pace and in order to regulate the
activities performed using AI, it is urgent to analyze and examine the
challenges and issues surfacing with it and prepare proper laws concerning
the same. The main issue with convergence of Intellectual Property Rights
and Artificial Intelligence is the implementation with proper procedure.
Recently, the interpretation of courts is the only source of the challenges
being addressed which are arising due to the relationship between
Intellectual Property and Artificial Intelligence. But for proper governance, a
structured and clear set of rules are required.
The use of AI has been making our lives’ easier and thus not only proper laws
but informative infrastructure is also needed to be introduced. World
Intellectual Property Organization has understood the need and addressed
the issues recently and are on the path to make policies on the international
level. As the technology advances, the laws must be advanced too for proper
functioning.

2
Cosmetic Warriors Ltd and another v amazon.co.uk Ltd and another
[2014] EWHC 181 (Ch), 10 February 2014