Power Play of Artificial Intelligence upon Intellectual Property Rights
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Type
Article
Date
2020-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Chakraborty, Gangotri
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Ghosh, J. (2020). Power Play of Artificial Intelligence upon Intellectual Property Rights. Indian Journal of Law and Justice, 11(1, Part-III), 84–99. https://ir.nbu.ac.in/handle/123456789/4008
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Abstract
Up-gradation of the technology and its interference in human life by the introduction of
Artificial Intelligence/robotic machines makes human life vulnerable. These
vulnerabilities are more when the question comes to the right issues on the intellectual
property. The credibility to the introduction of the Artificial Intelligence/robotic
machines depends on humans, but Artificial Intelligence is likely to produce new
solutions to problems and in so doing to create intangible outputs that could, at least in
theory, be perceived as Intellectual Property. Current intellectual property system is
also affected with this technological interference. In this context, the future discussion is
one who owns the Intellectual Property rights in creations produced by robots. Artificial
Intelligence remains an area where there is frenetic Intellectual Property activity and it
has largely been based on protecting Artificial Intelligence systems or applications. But,
in near future where machines are deployed to create complex products, the question of
Intellectual Property ownership could become clouded. Artificial Intelligence helps
solve complex issues simply and sophisticatedly whereas legal ownership on the other
hand, may not be fairlysosimple.From an intellectual property perspective, the most
interesting aspect is that the resolution asks for the elaboration of criteria for ‘own
intellectual’ creation for copyrightable works produced by computers or robots.It may
be argued that the machine is a sensible being entitled to ownership rights. It is not
difficult to imagine that those bringing the copyright lawsuit had ulterior motives. If a
robot or machine could own a copyright, why not a house? And if a machine could own
property, perhaps the machine should also have additional rights including the right not
to be owned at all. These questions raise issues that go to the very foundations of
intellectual property law, including the economic incentive to encourage certain
activities, and the ‘moral rights’ associating with according to credit to authors. Here
all the rights theory of jurisprudential law comes in trouble to figure out the main issue.
The same issues may arise with respect to general Artificial Intelligence. If the Artificial
Intelligence was self-aware and capable of creative and inventive activity, why
shouldn’t other rights be accorded? But it has toregulate these technologies and without restraining innovation.
While considering the ethical and legal implications and consequences of the
conflict to be resolved for the future complications.
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Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
11
Issue Number
1, Part-III
ISSN No
0976-3570
eISSN No
Pages
Pages
84 - 99