Intellectual Property Rights Infringement in the Era of Artificial Intelligence

INTRODUCTION

The ability of a computer programme to solve a problem or make a decision in a situation, i.e., the programme itself, is referred to as artificial intelligence. Artificial intelligence is defined as a science that aims to understand the nature of human intelligence through the work of a computer programme.

Artificial intelligence (AI) has revolutionised many facets of society in recent years due to its fast growth. The protection of intellectual property rights (IPR) is a difficulty despite the fact that AI technology offers many advantages and opportunities. Since AI’s capabilities allow for the unauthorised use, replication, and distribution of protected content, its rise has sparked worries about the violation of IPR. As robots grow more capable of generating works that are virtually identical to those produced by humans, it becomes more difficult to determine who owns the rights to these creations.

POSITIVE IMPACT

In addition to posing difficulties to intellectual property rights (IPR), the rise of artificial intelligence (AI) has improved the protection and enforcement of such rights.

Efficient Content Filtering:

With the rise of digital content platforms, AI algorithms can efficiently filter and identify infringing content. Content recognition techniques powered by AI can identify copyrighted material, aiding in the prevention of unauthorized distribution and ensuring that proper licensing and permissions are obtained. This helps creators and content owners to protect their work and receive fair compensation.

Help in finding illegal activities:

By recognising and highlighting possible infringement and plagiarism, artificial intelligence (AI) technology can help with the enforcement of copyright law.

2017 saw the release of “Daddy’s Car,” a pop song produced by artificial intelligence (AI) by Sony. A neural network that has been trained on a library of 13,000 songs from various genres produced this song. The song proved AI’s viability in the music industry and became a financial success.^[1]

AI and IPR Infringement:

Automated Content Generation: AI algorithms can now generate content, including written articles, music, images, and videos. This raises concerns about copyright infringement, as AI systems can potentially replicate existing works without proper authorization or attribution.

Digital Piracy: AI-powered tools can analyze and manipulate digital media, leading to an increase in digital piracy. AI algorithms can quickly identify and remove watermarks, encryption, or other forms of digital rights management, making it easier to reproduce and distribute copyrighted material without permission.

Data Misappropriation: AI relies heavily on large datasets for training and learning. The acquisition of these datasets may involve unauthorized access or misuse of intellectual property, including trade secrets and proprietary information, leading to IPR infringement.

Counterfeit Products: AI algorithms can be employed to create high-quality counterfeit products, including luxury goods, electronics, and pharmaceuticals. This poses a significant challenge to intellectual property holders, as identifying and combating these counterfeit goods becomes increasingly difficult.

Ownership: The legal ownership of trademarks developed by artificial intelligence is unclear. Because AI algorithms developed them, it is unclear whose rights these trademarks are. the business that developed the algorithm or the AI system itself? Uncertainty in the law may lead to disputes about ownership and usage rights.

RECOMMENDATIONS

Enhanced Legal Framework: Governments should strengthen existing intellectual property laws to account for the challenges posed by AI. This includes defining clear guidelines on AI-generated content and holding both developers and users accountable for any IPR infringement.

Technological Solutions: Innovations in AI technology can also be leveraged to combat IPR infringement. For instance, AI algorithms can be used to identify and track unauthorized use of copyrighted material, aiding in the enforcement of intellectual property rights.

Collaboration between Stakeholders: Governments, technology companies, and intellectual property holders should collaborate to develop effective strategies to address IPR infringement. This can involve sharing best practices, establishing industry standards, and implementing proactive measures to prevent and detect AI-based infringement.

Public Awareness and Education: Raising public awareness about the importance of intellectual property and the consequences of IPR infringement is crucial. Educating users, creators, and businesses about their rights and responsibilities can foster a culture of respect for intellectual property and discourage AI-enabled infringement.

CONCLUSION

As AI technology continues to advance, the protection of intellectual property rights faces new challenges. The rise of AI has opened avenues for IPR infringement, including automated content generation, digital piracy, data misappropriation, and counterfeit products. To tackle these issues, it is essential to develop an enhanced legal framework, leverage technological solutions, foster collaboration between stakeholders, and promote public awareness and education. Only through collective efforts can society effectively address the IPR challenges posed by the rise of AI and ensure the continued growth and innovation in the digital age.

^[1]https://www.legalserviceindia.com/legal/article-11233-the-rise-of-artificial-intelligence-ai-and-its-impact-on-ip-law.html