Paper Details
Paper Code: CP03V12023
Category: Research Papers
Date of Publication: December 06, 2023
Citation: Dr. Manomita Paul, “Influence of Cyber World and Artificial Intelligence on Intellectual Property and Corporate Sector in India”, 1, AIJIPCA, (2023).
Author Details: Dr. Manomita Paul, Assistant Professor, Dr. R.K.B. Law College
ABSTRACT
As the first sophisticated computers started to decode gigantic breaking machines during World War II, the significance of artificial intelligence became apparent. In 1956, the renowned John Mccarthy came to the realization that artificially intelligent computers were required in order for humans to be able to interpret and solve problems before humans could think through and evaluate a scenario. The ability of a computer or computer-controlled devices to carry out tasks that are only capable of intelligent individuals is known as artificial intelligence (AI). Creating a sustainable economic foundation for discovery and creation, as well as promoting new technology and creative works, have always been the core objectives of the intellectual property (IP) system. From a purely financial standpoint, there is no reason not to utilize IP to reward AI-generated innovations or creations, provided that other goals of the IP system, such as "just reward" and moral rights, are disregarded.
Today's businesspeople use AI approaches to drastically enhance IP services provided by their workplace, including AI trademark search and impartial patent translation.
KEYWORDS
Artificial Intelligence,; Intellectual Property; Computer; Invention; Creation
Introduction
Artificial intelligence is a machine that interprets signals via input received by programmed data and responds in the desired way as output and is capable of carrying out specific tasks in sync with machine learning without being programmed daily and having been fed information. Humans need not interfere in the process as their work and tasks are carried out by the machine. Machine learning is a broad variant of artificial intelligence in which they both respond to the desired output in sync with each other. Machine learning is the backbone of AI and is fed with huge amounts of data which later on carries the specific task when prompted. An example of machine learning could be scanning a document or captioning a photograph or it could be interpreting different languages.
Artificial Intelligence (AI) has been adopted in various applications. It has been very successful in many subject areas such as image recognition, natural language processing, speech recognition, etc. AI is also used to detect suspicious network traffic, analyse malicious attacks, identify attack sources, etc. Considering adversarial activities in the real world, AI also faces many new challenges in cyberspace security, such as novel attacks that could evade AI-based detection due to the vulnerability of AI.
In Technical Session iii six paper presenters presented their research papers. They are as follows:
1) Dr. Hina Kausar, School of Law, Presidency University, Bangalore, and Ms. Nair Aathira Baburajan Presidency University, Bangalore jointly presented a research paper on “Challenges of Implementing Law on the Anarchic Side of the Internet: A Socio-Legal Study into the Dark Web and Darknet”. In this paper, they beautifully analyzed that the internet is a resourceful extension of technology and an abstraction to laymen. There’s a dark side to the moon, likewise, the internet is also separated into light and dark. The light is just the surface-level internet that is used for governance, entertainment, e-commerce, etc. With easy access to anyone who has technology within their arms reach. The dark side, also known as the dark web is unruly and functions under orderly chaos. Although it is separated, we cannot truly disconnect one’s influence on the other and segregate them into righteous or unethical boxes. The deep web gives anonymity to people and gives them freedom of expression, unlike the regular internet which to an extent is regulated by governments all over the world. Many government officials rely on the deep web’s anonymity veil to conduct all sorts of communication and transactions to keep the world running. There are several groups of vigilante justice and whistle-blowers in our midst who use the deep web to their advantage for the betterment of society. But this freedom is misused by many for crimes and terrorism in the real world as well as in cyberspace. The difficulty faced within the justice system with regard to the deep web and darknet is the regulation and management of the same, it is no easy feat to control such space while we still have difficulty dealing with surface-level internet.
Initiatives should be taken from the ground level to the international level to conduct studies and research and groups to tackle the issues. To make a move bigger levels are necessary to tackle the issues the dark web presents, such as sting operations, planting spyware inside websites, or creating new sites to lure in buyers and sellers to set up their shop. If the authorities can match up the time and place of these trading activities it will provide them with evidence and a clean takedown of these trades. The government has the power to make surveillance tools that will help in putting forth monitoring software for the transactions that take place on the internet, which will help in locating social connections with people and can uncover illegal activities if any.
2) Mr. Mansing Dhondiram Bisure of Vidya Pratishtan's Vasantaraao Pawar Law College, Baramati, Pune had insightfully discussed “Intellectual Property Rights: Emerging Issues & Challenges In Modern Cyber Space”. The advancement and popularity of e-commerce and e-business have become important for companies and organizations to protect their intellectual property rights online. These days cybercrimes are not only limited to committing fraud and identity thefts but extended to copyrights and trademark infringement as well. Various kinds of IPR-related cybercrimes are committed to make money or to draw traffic to their sites. Cyberspace is becoming a hub for intellectual property rights infringement of various e-businesses. Certain practices by website operators have resulted in violation of intellectual property rights or other entitlements of other website operators. Hence, it has become important that people are aware of the illegal usage of their websites and pages. With the advancement of cyberspace, copyright, and trademarks are not limited to conventional intellectual property but have extended to intellectual property over the internet. There are various guidelines provided by international conventions and treaties to protect IPRs online which are helping e-commerce and e-businesses to expand without any harm to them. This research paper analyses some of the legal challenges faced by intellectual property in cyberspace, limiting its scope to some major conditions in the copyright domain for the time being. Copyright is threatened by the emerging digital presence of technology, particularly the ‘internet’, where the distribution of digitally copied files has the potential to occur at jet speed and nil cost.
3) Mr. James. J of Dr. MGR Educational and Research Institute deemed to be University had enlightened on “Cyber Threat in the IP and Corporate Sector”. The cyber threat of IP is a number of converging factors that dramatically challenge the traditional ways organizations have protected IP. Digitalization of huge amounts of valuable corporate information and increasing interconnectivity – both outside and inside "protect” corporate networks- through multiple devices have made IP far more portable and accessible. So it makes IP increasingly vulnerable, and a very tempting target to attack. This is highlighted by recent PwC research into global cyber-security, which reported on the increasing incidents of IP theft – data and other assets- and pointed out that most security incidents are caused by company insiders. IP is the lifeblood of many organizations. It fuels innovation, growth, and differentiation. IP loss is among the hidden or less visible costs of an attack, along with lost contract revenue, potential devaluation of a company's trade name, and damaged or lost customer relationships. It is very difficult to get a good picture of the real extent and cost of cyber attacks. The key threats are to critical national infrastructure, the government’s classified information, and the intellectual property of private enterprises. Neither the government nor private enterprises have acted sufficiently to protect intellectual property. Management in private enterprises almost always prioritizes customer experience over cyber security.
4) Ms. Sorna of SG CMR Law College, Bangalore had beautifully analyzed “A Critical Analysis on Cyber Threats in Intellectual Property and Its Management by Corporate in India”. This research paper presents the concept of intellectual property in India and the issues of cyber threats on IPR in the form of infringement which are copyright infringement, patent infringement, and trademark infringement. The Indian government provides basic measures and regulations regarding the registration of copyrights and patents. The individual or corporation can register it according to the policies provided by the government of India. The documents and other details of products can be submitted before the registration of parents, and trademarks. In a court of law, proving the evidence is an important part that certain products belong to them. When compared to rural areas, in urban areas a lot of cybercrimes and threats are taking place which is due to the technology being developed more in those areas. The intellectual property issues in cyber security are the fraud or threats that happen through computers or any other digital devices. An individual has to create innovation technically and culturally, to encourage the new creation.
5) Mr. Trideep Borsaikia Tezpur University Ms. Arunima Kalita Tezpur University, had jointly presented on “Scope For Branding Dora Baran Gamosa Through Intellectual Property Rights And Technology”. This is exploratory research on policy discourse on local innovation systems through integrated communication strategy and differentiation strategy for Dora Baran. The value proposition of the groom stole/apparel ‘Dora Baran’ is created by its contemporary designs, motifs, symbols, yarn richness, and, made-to-order provision between the bride and the finesse of customary institution xipinie. The business environment for the sector includes about 1.26 million domestic weavers operating through household looms, selfhelp groups, unorganized handloom sheds, handloom cooperatives, and the regulatory authority of the Directorate of Handloom & textiles, and, policy intervention by the Ministry of Handloom textile & sericulture, Government of Assam. This sector is severely constrained by product consistency, trust & deceptive quality of yarn, distressed sales, and an infringement by Ghani. The intrinsic challenges are depleting artistic weaving skills, revenue leakage from the Assam region, the stagnancy of income through weaving vocation, and, certain health hazards attributed to the weaving skills and age of the weaver. As a result, the traditional cultural expression is vanishing due to neo-societal norms and the weavers are switching to commercial weaving, short-term livelihood activities with little scope of sustainability within the local innovation system of the Assam region. The authors propose policy intervention of synchronizing branding strategy with registration for design rights, rule of law, and, block-chain technology solutions to imbibe authenticity and reliability across the supply chain. This apparel can be an avenue for the handloom weavers to increase and sustain a regular household income. Dora Baran is a relatively newer product compared to other differentiations of artifacts such as Gamosa and thus, the product can showcase premium artistic skills. This product needs close coordination between buyers and weavers in a single platform and thus, it creates a niche or customized market.
6) Ms. Anisha Sharma of NERIM Law College, NERIM Group of Institutions. Mr. Aryan Sharma Amity University, Gwalior had jointly presented “An Analytical Study of Intellectual Property Rights: Cyber Threats In Cyberspace”. They threw plenty of light on intellectual property rights (IPRs) which are legal rights that cover the privileges granted to people who are the creators and inventors of work and have developed something through their intellectual creativity. Intellectual property refers to the protection of the creation of the mind like inventions, artistry work, scientific innovations, designs, symbols, names, images, etc. These rights are provided to every individual to avoid duplication of their work which is protected by copyrights, patents, and trademarks. With the rapid development in cyber technology over the years, IP benefited the world of IPR and subsequently gave rise to numerous cyber threats to people across different states. The growth of IP resulted in unlicensed content in several ways like hyperlinking, framing, met tagging, spamming, etc. Gradually, cyberspace is becoming more of a threat to the world of intellectual property rights and certainly has given rise to copyright and trademark infringements by way of copying the content and selling it online unlawfully. Globally, intellectual property rights are subjected to several treaties and conventions, especially the Berne Convention, Rome Convention, and WIPO Copyright Treaty focusing on the protection of domain names, copyright infringement, trademark infringement, etc. Similarly, numerous laws in India have been enacted for the protection of IP, including the Copyrights Act of 1957, and the Information Technology Act of 2000, which have prevented the risk of copyrights, information technology (intermediaries guidelines) rules 2011, and section 79 act, 2000. Subsequently, there are several contributions from the side of the judiciary in the protection and promotion of intellectual property rights. Thus, in light of the above, the research paper highlighted all the aspects of cyber threats in cyberspace and remedial measures on the intellectual property rights available to every individual for the significant violations of their original work.
7) Ms. Sreelakshmi M S, Inter-University Centre for Intellectual Property Rights Studies, Cochin University of Science and Technology had beautyfully analyzed “The Patent Conundrum: Inventorship and Ownership of AI-Generated Inventions”. The core and overarching goals of patent law are to provide an incentive to the inventor for their creative effort, and disclosure of ideas to the public, in the sense that they strike a balance between the inventor’s interest and public interest. With the rapid pace of technological advancement, research in artificial intelligence has identified increasingly diverse AI applications around the world. This trend of machine inventions was not anticipated by the global patent system, and they pose a challenge to traditional legal principles and concepts, which frequently fall behind technological advancement. One of the most basic facets of these AI programs is that, even though the programmers provide the instructions, the final creative output is sometimes generated by intelligent machines making their own decisions based on complex neural networks. In view of the above, identification of the true and original inventors as well as the creative minds behind the work can be difficult. Moreover, the debate over who owns an Artificial Intelligence-generated or created invention took a new turn recently after the decision of the European Patent Office (EPO) and the groundbreaking decision by the Federal Court Of Australia on the DABUS case. In this regard, this research focuses on inventorship and ownership issues in relation to AI-generated inventions, within the existing IP framework. The research paper has tried to resolve these issues by comparing and analyzing different legal systems, jurisdictions, and patent offices. In addition, this paper reviews relevant leading case laws and the opinions of experts. Finally, the paper includes the author's suggestions and recommendations, which include a framework model for determining ownership and inventorship of inventions generated by AI.
Summary
The development model in India includes a huge amount of technological advancement which includes AI as well. From online shopping to the use of online car services, the country saw a rapid technology change. The issues in a developing country like India are of much more concern as it is the basic infrastructure that needs to be revised upon. There are well-established IP laws in India on different components like copyrights, trademarks, patents, designs, etc.
However, there is no particular act or provision to regulate AI specifically. The existing laws do not cover the ambit of AI and are based on the old intellectual property types like books, creative writing, and discoveries. The ambit of AI is much more complex and needs to be addressed in a particular way, different from the existing regime. Under the Patents Act of 1970, computer programs, business methods, or mathematical formulae are not considered patentable inventions.
Conclusion
Artificial Intelligence has become an integral part of human lives. With the use of AI, data can be modified or collected in a much better and time-efficient manner. The usage has boomed with the use of new technological tools. Therefore, it becomes an urgent need to make proper laws concerning the same. AI is a technology that is moving at a fast pace and it is crucial to examine and analyze the issues and challenges which might surface with it. IPR is already an expanding area. With the technological approach, many factors are being introduced under its ambit.
AI being one of them should also be looked into. The present situation of AI and IPR is challenging. The implementation of IPR in AI with procedure and safety logs at hand is a real problem. There is also an issue of understanding the different features of AI, which becomes a more rigid problem in developing countries like India, which are still going through rigorous changes in technology.
Presently, it is through the interpretation of the courts that the issues revolving around AI and IPR are being addressed. However, there is a need for structured, analyzed, and clear rules and regulations. Amendments should be made to existing IPR laws to address the issue of AI as well. With the use of AI, there can be more benefits for future inventions. India has been potentially looking forward to ways to do so. Niti Aayog in a discussion paper in 2018, described the importance of AI in healthcare, education, infrastructure, etc.
The benefit of such technology during the pandemic was also recognized and it was suggested that AI should be made to meet the criterion under the Indian Patent Act to facilitate faster operation in data processing, screening, publication, examination, medical support, hearings, and application filing during pandemic. However, there is still a long road to follow. Not only the laws need to be regulated but better infrastructure for the implication of such rules also needs to be determined.