WHEN ARTIFICIAL INTELLIGENCE COLLIDE WITH PATENT LAW: A STUDY BASED UPON WIPO’s DRAFT ISSUES PAPER, 2019
The emergence of Artificial Intelligence (AI) has been in an era of creativity, ingenuity and innovation for which it is likely to become an integrated part of our daily life. We witness each day to some noble AI technology which is giving us exhilarating opportunities in order to develop in the field of innovation, creative artistic work, entertainment industry etc, that enhances our lives. However, AI as an innovative tool has various social, economic and ethical imprecation that needs to be addressed along with its use. AI innovation has time and again been colliding with the existing Intellectual Property Rights (IPR) laws and policies and therefore a detail analysis of the present legal norms is necessary. WIPO in the year 2019 felt its need and formulated a WIPO Technological Trends Report which has put forward the future picture of AI with an evidence- based projection warning the global policy maker. WIPO therefore made discussion on IP (Intellectual Property) and AI with all member states and other stake holders in order to analyse the impact that AI could have on IP policies. A publication was made on December 2019 by WIPO titled ‘Draft Issue Paper on Intellectual Property and Artificial Intelligence’ on the issues found after discussion and thus invited ideas and comment from widest possible audience. This paper aims to analyse the issues that WIPO has addressed specifically in the field of Patent law after the emergence of AI. It also undertake to analyse AI’s impact on the existing patent system and to finding out solution to the problems they have been addressed in the Draft Issue Paper. This paper also aims in understanding the present state of Patent laws in India when it comes to dealing with AI.
AI- Artificial Intelligence, IPR- Intellectual Property Right, IP- Intellectual Property, WIPO- World Intellectual Property Right Organisation, CGW- Computer Generated Work, MLT- Machine Learning Technology, ANN- Artificial Neural Network , NLP- Natural Language Processing