Artificial intelligence and intellectual property rights with special reference to patent and copyright

Abstract

Artificial intelligence (AI) has come to stay. The use of AI has helped human society greatly. At the same time, it has posed several concerns or issues. One of the issues concerns intellectual property rights (IPR). There has been a debate about whether IPR should be given to AI. Countries like Australia and South Africa have granted IPR in favor of AI. At the same time, countries such as the United States have not recognized IPR in favor of AI. Many countries firmly believe that human intervention is required to grant an IPR. Be it copyright, patent, etc., human intervention is a condition precedent.
On the other hand, the countries in favor of granting IPR to AI believe in AI as a person capable of creating literary work or innovation and are convinced to grant AI with IPR. Before we recognize IPR in favor of AI, we have to grant the person’s status to AI. This paper aims to understand various issues related to identifying or non-recognizing IPR to AI.