Abstract: The copyright world skipped a beat when copyright over a selfie taken by a monkey was in question. The final settlement however, was extremely disheartening. It did not take long thereafter for the question of patentability of Artificial Intelligence (AI) and machine learning or the copyrightability of their creations to be discussed.
This paper addresses the issues relating to AI and Intellectual Property Rights (IPR) in a categorized schematic manner, while also giving a brief introduction into the areas of their fusion. The first part follows with an introduction to artificial learning and AI. It discusses the extent to which these learnings have developed and where the world’s knowledge about AI is headed. It could be considered as a primer to the reader’s already existing knowledge on AI. This part also talks about various creations of AI which would put their IPR into question.
The second part of this article discusses in particular the copyright influences of AI –comparing its knowledge to that of our existing judicial reviews and research. It portrays the easiest possible way ahead for India, learning from the fellow judicial experience, to encourage AI’s copyrights. The third part is a similar discussion, but from a Patent perspective. It is an interesting amalgamation of discussions dealing particularly with the global experience concentrating on European and American knowledge. The final part of the article concludes this discussion with key takeaways and globally inclusive steps drawing ideas from various conventions.


Authors: Dr. G.B. Reddy is a Professor of Law in the Faculty of Law, Osmania University, Hyderabad. He has authored two books and eleven articles on different aspects of IPR, his primary area of research focus. He is currently the co-ordinator of the Osmania University Centre for Intellectual Property Rights and Patent Facilitation Services, in addition to being the CIPAM IPR Chair. He may be contacted at gbredlaw@gmail.com.

Ms. Sai Bhavana Vemuri is a graduate of DSNLU, Vishakhapatnam, and holds an LL.M in Technology Laws from O.P Jindal University, Haryana. She has worked on various IPR based research projects in association with JIRICO and MHRD IPR Chair-IIT Madras among others. She may be contacted at saibhanav@gmail.com.

The full text of the article can be found as a PDF here.

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