Artificial intelligence and the Intellectual Property Rights Issue (GS 3, Economics, The Hindu, Indian Express)

Artificial intelligence can  be simply defined as the ability of machine to mimic the intelligent behaviour. Artificial intelligence is a branch of computer science that aims to create intelligent machines. This questions can think human being and can mimic  how humans act. The aim of Artificial learning is that Learning, Reasoning and Perception can be done by machine itself.  Now a days machines are creating highly creative works that would definitely be eligible for copyright protection if there we are created by  humans. This requires a re-examination into Intellectual property rights standards for AI system all over the world.

 A court in San Francisco held that animals cannot be sued for damages and  injunctive relief for copyright infringement by virtue of the fact that they are not humans and lack the statutory locus standi under the copyright act. Basically machines are programmed to access the database available on internet to create Artificial Intelligence for itself. This can come in  conflict with the database right and a similar situation as in case Infringement of copyright by animals can arise. 

The creativity and knowledge exhibited by AI systems is clearly visible to the world and now the time has come when the AI  should come under the ambit of Intellectual Property Rights. But the question is, should the ownership of any invention (using artificial intelligence) be the given to machines or robots. What about the  infringement of sensitive personal data  available freely on  internet by machines through AI? We need a comprehensive discussion among all stakeholders to come out of the challenges regarding copyright Issue of AI. At last It should be in the benefit of society at large. 

Database right is related to a database, essentially a searchable collection of independent works on the internet, in whose acquiring, verifying, and presentation the maker of the data has made a substantial investment. The database right will belong to the maker. It could be infringed by re-utilization or extraction of its substantial part or repeatedly and systematically of its insubstantial part. 

CONFLICTS : As per WTO other intellectual property rights include copyright and related rights such as confidential rights, trade secrets patents, and trademarks. Copyright protects copying the form of expression of information in the field of software, music, images, films, videos, and broadcasts. It gives rights over the creations of their minds, such as books and other writings, musical compositions, paintings, sculptures, computer programs, films, etc., and over distinctive signs, in particular trademarks and geographical indications for a certain period of time.  Whereas database right is not in regard to the creation of mind rather the collection of existing data. 

The access to data and use of data is the core for Artificial Intelligence (AI) and the Internet of Things (IoT). Access to data by AI could in itself encroach the privacy rights attached with the data. The Personal Data Protection Bill, 2019 seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same. The apex court has recognized that the right to privacy is an essential part of the right to life and personal liberty, a fundamental right granted to every citizen under the Constitution of India. Section 43, Section 43A and Section 72A have been incorporated in the Information Technology Act, 2000 in view of protection of sensitive personal data. Incorporation of Section 63B  Indian Copyright Act, 1957 provides for imprisonment against infringing copy of  a computer programs. 

Although Indian Penal Code, 1860 does not explicitly discuss data privacy infringement, Section 403 of Indian Penal Code imposes a criminal penalty for dishonest misuse or conversion of movable property for one’s usage. As per the Credit Information Companies Regulation Act, 2005(CICRA), credit information about individuals in India must be obtained in compliance with the privacy requirements set out in the CICRA Regulation.

If the data used by AI are protected by intellectual property rights then the business could come in legal contradiction with the intellectual property owners. In India, databases have been treated as literary works. According to Section 2(o) of the Copyright Act, 1957, literary work includes computer programs, tables and compilation including computer databases.

 Md Layeeque Azam, Economics Faculty

plutus ias daily current affairs 21 Oct 2021