Beyond Boundaries: Convergence Of Codes In The Future Of Intellectual Property In An AI- Powered Realm
- IJLLR Journal
- Jul 5
- 1 min read
Stuti Chaudhary, Lloyd Law College, Greater Noida
Chapter 1
Introduction
Overview of Artificial Intelligence and Its Impact on Intellectual Property
Artificial intelligence has brought about revolutionary changes in all sectors, since it changes the nature of innovation and creativity, and thus changes the way innovation and creativity are perceived and protected. The invention of machine learning algorithms, neural networks, and generative AI models such as OpenAI's GPT-4 and DeepMind's AlphaFold has raised the possibility of inventions and creative works previously accredited to human ingenuity. These AI systems are now able to produce highly novel outputs, including art, music, software, and even patents, raising questions on the mode of authorship, ownership, and enforcement under intellectual property frameworks.
In traditional intellectual property law, there is an assumption that these are the inventions and creations of humans. The copyright law remains hinged on human originality, a requirement in the patent system, and trademark law is premised on the ability of a human to represent a brand or product. As artificial intelligence begins to act autonomously or semi-autonomously in such areas, a growing inadequacy of laws previously existing arises in adequately covering the legal issues surrounding such innovation.
Intellectual property jurisdictional disparities further hinder uniform protection and enforcement of rights for AI-generating innovations. For example, South Africa was the first to qualify an AI system as an inventor in a patent application, while other jurisdictions, including the United States, the European Union, and the United Kingdom, have forever rejected the doctrine of machine inventorship. This is a global inconsistency and, therefore, calls for a clearly defined legal framework that can handle issues of artificial intelligence.
