HOW NEWLY EMERGING TECHNOLOGIES SUCH AS ARTIFICIAL INTELLIGENCE ARE INFRINGING INTELLECTUAL PROPERTY RIGHTS
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 1 ISSUE NO 1 , July 20 2023 HOW NEWLY EMERGING TECHNOLOGIES SUCH AS ARTIFICIAL INTELLIGENCE ARE INFRINGING INTELLECTUAL PROPERTY RIGHTS SANSKRITI TIWARI AND PRIYANSHI AGRAWAL ABSTRACT: – Artificial intelligence and intellectual property rights majorly copyright and patent being one of the debatable concerns. The IPR laws are a platform through which various inventions, secrets of various companies, thoughts, publishing, and many more get safeguarded and nobody else would utilize them for their profit and indirectly will cause damage to the person’s creation. Whereas the artificial intelligence term was coined by John McCarthy who was the winner of the Turing Prize in 1971 he defined it as “making a machine behave in ways that would be called intelligent if a human were so behaving”. The court held that innovation can be done by human beings not by artificial intelligence, whereas some experts argue that intellectual property rights need to reckon with artificial intelligence sooner than later. Today’s situation is somewhat where the need and use of artificial intelligence are growing and have exponential development. This works precisely, with the usage of logic, and reduces human intervention by benefitting with low cost or one-time investment of a scientist. Over the past century, there were lots of development where the set of algorithms are induced in computer systems with such software to ease the work faster than human beings. With the development phase in artificial intelligence society also comes with intellectual property rights getting infringed. In this whole essay, we will look forward to how the AI act to cause harm to the rights of another. INTRODUCTION: – AI can be a challenge because it can collect information on specific products and then use it in a personalized way. For example, the customer is frequently targeted when they search for things online which are not sometimes cookies but also machine learning which is AI generated, understands what they would like to buy, and what they are interested in. The facilities and easiness provided by artificial intelligence are very much known to every human being. We do have several artificial intelligences of which we are so prone to day-to- day life and how generously they became a crucial part of our life. For example Siri, Alexa, and Cortana (recognition of voice by using ML and AI to intimate human interplay), Google Maps (analyses numbers of smartphones of data points to suggest locations, to enable travel routes), UBER (ML is a way to determine arrival times, pick-up locations, and UberEATS deliveries), Facebook (ML image recognition algorithms used to automatically tag your friends in photos), Gmail (mines email text to provide automatic responses to your emails), and Spotify (recommends related songs of your choice based on the music you have liked and disliked and you searched while scrolling). Artificial intelligence is the intelligence revealed by machines, whereby the type of device or machine understands its environment and takes an action mimicking ‘cognitive’ functions that humans associate like ‘problem-solving’. DEVELOPMENT OF AI IN IPR: – Intellectual property rights were enumerated under the law to protect and enhance the creativity and inventions of several people in several sectors too. The issues between artificial intelligence and intellectual property rights were patents, trademarks, registered designs, copyright, confidentiality, trade secrets, and plant varieties. The artificial intelligence named IBM Watson is fully and carefully developed and not at all a fictional information technology to detect any type of cancer inside the human body within a span of ten minutes. There were several artificial intelligence-made things one of them was the Tesla company made an automated car where the codes and algorithms are so encrypted in car that can fully functional and abide by all the traffic rules that any normal human being follows, to follow traffic rules to make precautions of safe driving or look upon the obstruction to reduce the speed limit. Hence the time the country is moving towards is more inclined toward such development in the field of artificial intelligence. The development of artificial intelligence is commonly seen by everyone when in the year 2019 when the judge of a beauty contest was the AI where the algorithms encrypted inside it to remove the dark shade girl out of the other facial color. Yes, it sounds discriminating. But the fact is that the issue is not with the artificial intelligence, it just obeys and functions according to the algorithms set inside it. All actions performed by artificial intelligence were the algorithms encrypted that can be used to replicate activities typically that require human cognition. The advancement of artificial intelligence can be identified in any field, especially in the automobile industry. Though the demonstration of artificial intelligence in the Android phone is Google Lens, this sort of thing added lots of value and ease in performing the work easily and fast forward. The innovation of artificial intelligence to translate written text, and sound in the word text and can translate the content from any language to any preferred language of the individual. Not just ease and help in the field of data or translation artificial intelligence are so useful to detect spam emails by spam filter app identify spam email like a human being can easily identify in such circumstances where large baskets of techniques were used and are called machine learning models. CURRENT SITUATION: – Artificial intelligence is the ability of a computer program or a machine to think or learn, there is a field that makes computers work smartly. Artificial intelligence aims to work, think logically, and solve problems. Artificial intelligence is useful and being used almost in every field, it serves in the field of computer science, neuroscience, mathematics, linguistics, psychology, philosophy, and many other fields too. Currently, artificial intelligence has taken its place and spread its usage almost in every industry majorly automobile machines, processes of factories, civilization of ships, and aircraft with reducing human intervention. The cognitive self-learning