Artificial Intelligence And Intellectual Property Law In India: Issues And Challenges

INTRODUCTION

Artificial Intelligence is aiding in the ultimate development of the society, and a multilateral and multi-disciplinary approach procedure guarantees that AI benefits everyone and helps in the overall development of the nations. Intellectual property is a sort of asset that includes intangible intellectual manifestations. Licensed innovation comes in different structures, and only a few nations perceive more than others. Copyrights, licenses, brand names (trade marks), and proprietary advantages (trade secrets) are the most notable sorts of IPR.

Artificial intelligence is increasingly driving towards technological and business advances. It is used in a wide range of sectors and has an impact on practically every area of production. AI’s progress is being fuelled by the availability of vast amounts of training data and breakthroughs in affordable high processing power. In a variety of ways, AI and intellectual property collide with each other.

INTELLECTUAL PROPERTY RIGHTS IN INDIA

The ownership of intellectual property in India varies depending on the IP regulations. For example, in the case of copyright generated by an employee, the employer will be the initial owner of the copyright. As a result, the employer will hold the copyright created by its employees. However, this does not apply if the copyright was generated by an independent contractor. Regardless of the matter whether the inventor is an employee or an employer, the inventor will be the first owner of a patent.

  • Individual registrations are needed for licenses in India, but not for rights other than industrial designs. With regards to the application, owner can file a patent application under the guidelines of the Patent Cooperation Treaty, which is generally less difficult and quicker.
  • Owner should enrol his trademarks in India, either through the domestic trade mark framework or through the Madrid system.
  • No registration is required for copyright, though it is recommended that copyrights should be registered with the appropriate authorities.

The Paris Convention’s ‘priority rights’ can help in the registrations of trademarks, copyrights, and licenses by permitting rights enlisted in other countries to be extended to India whenever documented within a specific time span.

OWNERSHIP RIGHTS TO AI UNDER CURRENT IPR LAWS IN INDIA

As per the S.3(k) of Indian Patents Act, 1970, there are certain things mentioned which are non – patentable like mathematical process or business method as well as a computer programme or general algorithms. In the case named Ferid Allani v. Union of India1 and Others, it was held that the patent applications in the field of computer programmes would have to be scrutinised to see if they result in any kind of technical contribution. Even though the invention is based on a computer programme, it is patentable if it displays a technical contribution. The effect that computer programmes produce is critical in determining patentability. The court further stated that the word technical effect should be interpreted in light of judicial precedents, pari materia rules and regulations, and the practises of foreign patent offices. The Court proceeded to say that the expression “per se” were incorporated to Section 3 (k) to guarantee that real computer program developments would not be denied for patents.

CONCLUSION

In such manner, the Joint Parliamentary Committee’s perspectives were communicated during the introduction of the Patents (Amendments) Act, 2002, according to which the provisions of S.3(k) were revised and proposed clause (k) under S.3, the words “Per Se” have been inserted. The Patent Office was requested by the Court to rethink about the Petitioner’s application considering the current decision, different legitimate points of reference, patent office practices, and the guidelines on computer related inventions.

By:

Allu Hari Narayana

Bennett University

1 81 PTC 489

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