Co-Existence of Intellectual Property Rights and Artificial Intelligence

Debayan Samanta
KIIT School of Law, Bhubaneswar, India

Volume II – Issue II, 2021

The modern world has gained intense and widespread momentum in the development of the cyber sector. One such field is that of Artificial Intelligence. Artificial intelligence (AI) refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions. The term may also be applied to any machine that exhibits traits associated with a human mind such as learning and problem-solving. It has successfully incorporated complex technologies in our lives and has thereby helped mankind by making unimaginable inventions in a short period. It has not only indulged in the field of intense programming but has also worked wonders in the field of creative works like poetry and art. Therefore, the question arises whether or not Artificial Intelligence is capable of being protected under Intellectual Property Rights like any other creative as well as complex field of work is covered. The area of Intellectual Property will be challenged by the rising trends of Artificial Intelligence in times to come. The present system of creation will be replaced by Artificial Intelligence run machines. The Artificial Intelligence-based mechanism and machines are growing creative and are transforming the already existing Invention system. This transformation calls for a re-examination of the existing and all related supported legal doctrines. This article discusses the current position of AI and proposes its use for IP administration. It also highlights the different problems attached to such application like ownership, infringement, third parties etc. Further, the article enumerates the vision of the author with respect to the future of IP administration using IP mentioning some real-time cases as examples.


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