Aim of this research work will be to examine the legal framework for recognizing artificial intelligence and machine learning as inventors and copyright holders by focusing on the intellectual property rights for these two components. This aim will be met effectively by considering some specific objectives associated with it. Research objectives selection is a crucial task as the progress of the entire study is dependent on it. This research will focus on the following objectives so that it can attain its aim appropriately:
To analyse the existing legal frameworks and international IP conventions concerning artificial intelligence and machine learning-generated works
To identify the ethical and philosophical dimensions of AI /ML inventorship and copyright recognition
To examine relevant case studies and precedents to understand the legal challenges and opportunities
To propose potential modifications and legal frameworks that can recognize AI and ML as investors and establish copyright protection for their creative outputs
To investigate the broader implications of such recognition on innovation, creativity, the public interest, and ethical dilemmas.
Artificial Intelligence (AI) and machine learning (ML) are evolving the invention process and the scientific invention mechanism around the globe. It also influences various sectors related to intellectual property rights and safeguards components of new inventions. Copyright, patent laws, intellectual property rights, and others are responsible for safeguarding human creativity and inventions and any misuse or utilization without proper consent. As AI and ML focus on inventing new technology-driven things by including human thinking power within their working process, a demand for specific protections towards such inventions is increasing.
Research Rationale
The present legal frameworks in their traditional forms are responsible for safeguarding inventions only when humans create them. Therefore, it is important now to consider the relatable components of safeguarding inventions from misuse and to represent a set of specific guidelines by which comprehensive protection can be provided to those AI-driven inventions. As the improvement in scientific mechanisms is growing, and the utilization of AI and ML is also potentially increasing, the urge to prescribe such legal frameworks also has a growing importance. The rationale behind this study is associated with its capability to focus on creating legal frameworks for those newly invented things driven by AI and ML.
In case of UK, the responsible authority is in dilemma regarding the decision of providing intellectual property rights to those inventions lead by AI and ML. As per data, UK is providing a copyright protection to computer generated works without any human intervention for 50 years. Now the authority is thinking if there is an importance to increase the protection level significantly or to leave it same as it is now. The process of patent protection to those AI driven inventions are also in a dilemma nowadays . Therefore, such situation is creating a more importance for considering this as a research topic so that from it a proposal to establish new frameworks can be constructed. Additionally the significance behind it to meet the demand of creating a measurable set of legal instructions that can safeguard the AI and ML driven inventions satisfactorily. This in turn will be beneficial for the future time to encourage new inventions with a technical lead from either AI or ML.
Literature Review
Artificial intelligence and machine learning: conceptual analysis
Artificial Intelligence and machine learning are the newest components in technological intervention procedures. Interaction between the inventions made by these two components and Intellectual Property Rights in the international Territory has already created a significant scope to produce an academic debate. Such debate is responsible for focusing selectively on various essential components associated with safeguarding inventions made by artificial intelligence or machine learning. The usage of AI and ML is gaining its presence nowadays. As a result, the requirement for creating a widespread approach towards creating and implementing international Intellectual Property Rights is gaining importance. Despite international protection towards such Technological inventions, other jurisdictions and decision-making bodies are adjusting the implementation procedure for property rights.
Legal frameworks for safeguarding inventions and inventors
World Intellectual Property Organization (WIPO) and the European Patent Office (EPO) are responsible for creating and implementing appropriate regulatory guidelines for protecting those inventions and inventors from intentional or unintentional misuse. Conceptual analysis of artificial intelligence is beneficial to represent it as a specific concept that includes a relatable intelligence level similar to humans and can invent new things by aligning its threshold facts with improved Technological performance. Artificial intelligence is a machine-based learning system helpful in influencing the invention process by recommending, predicting, or deciding effectively, including future thinking. AI systems are helpful to operate within a range of varied situations that encompass the performance of selective tasks under unpredictable circumstances. Therefore, AI-driven inventions are considered adequate and can yield effective results in predictable and unpredictable circumstances.
Several guidelines are there in the UK to protect inventions appropriately, and among them, the Copyright, Designs and Patents Act 1988 (CDPA) is one of the important ones. This one is liable to safeguard the inventions by providing them patent, design patent or copyright protection for terminating any unethical usage. The Patents Act of 1977 for the UK is responsible for delivering appropriate guidelines for the patent-giving process. It is also a reliable one for safeguarding technology-driven inventions to protect them protected from misuse.
Intellectual Property Rights related protection procedure is extended enough to safeguard the inventions of intangible assets by human beings. However, the present artificial intelligence-driven technology is beneficial for inventing as its own. In that case, it is a significant question nowadays if the present International Intellectual Property Rights can safeguard them also. Therefore, depending on the nature of the invented component, a suitable legal guideline associated with intellectual protection is to be selected and implemented. Various components are to provide appropriate protection to the technology-invented components. For example, patent law, EPO guidelines, AI-related guidelines provided by the UK Government, and copyright laws can be considered . Additionally, by inspecting each level and procedures of AI and ML driven inventions, it is required to focus on the process of legal framework creation. This can not only encourage new degree of innovation by including the machine learning and thinking altitudes but also by aligning human thinking with it.
However, within the copyright law, a human censorship requirement is to be produced better to protect an AI-driven invention from intellectual protection rights. It is to be noted that human contribution is not necessarily required for safeguarding AI-driven inventions by including specific copyright protection. In present days, for inventing new systems, AI is reducing the presence of human impact. No such protection is to be given to a human author carrying out the process of writing, coding, painting, composing, or representing the entire invention process. Therefore, the room for human creativity in this phase directly depends on the output quality generated by the AI system.
Additionally, by using existing relatable rights, significant protection can also be provided for those inventions. The presence of additional specific legislation in the case of the UK or Ireland can be obtained that grants the copyrights towards AI-driven inventions and even inclusion of human creativity. For example, the Iris law has separated categories of various works depending on the process of its creation. A Computer-based invention is when only a single author is not informed. Still, a group of authors is participating, or, in some cases, the computer-generated working process is being followed by a human to invent new things. Therefore, at the same time, copyrights related to AI-induced inventions are required to intervene with specific modifications so that the moral rights of the human creator cannot be curtailed.
Methodology
A secondary research methodology will be used for this research, within which relevant information related to a topic will be collected, presented, and analyzed. Qualitative data will be used herein to meet the previously determined aim and objectives parallel with the topic.
A legal analysis will be done through which the current frameworks will be assessed about intellectual property rights. In this connection, more focus will be shed on those legal frameworks providing guidelines associated with Artificial Intelligence and machine learning-invented product protection through intellectual property rights.
Previous case studies about the intellectual property rights implications in AI and ML will also be considered as secondary qualitative sources. Considering such case studies will be beneficial to reflect on the practical application of the case laws and regulatory guidelines related to protecting intellectual property. As AI and ML-produced things are to be considered as technologically invented components, the responsible UK government has considered a range of specific intellectual property rights. As a result, these specific protective guidelines are to be used to protect those AI or ML-driven interventions. Thus, considering the previous case scenarios will provide relevant information regarding the applicability and situational advent while applying intellectual property rights.
Expert interviews will be considered as a part of qualitative secondary data. Such an interview process is to be considered secondary because, for this purpose, no such new interviews will be taken. Expert interviews from some recorded media, news reports, or other authentic internet resources are to be considered herein. From those interviews, a generic review and relatable information related to intellectual property rights will be considered to attain the above-proposed objectives of this study.
Framework development will be done upon presenting and analyzing the gathered secondary data exposures associated with the selected topic. On completion of the data analysis method, consideration of the case scenarios will be beneficial to have an insight related to the topic and the current process of safeguarding new inventions by considering intellectual property rights. The developed Framework will propose a more comprehensive guideline for protecting inventions led by artificial intelligence or machine learning. Therefore, these studies will propose a suitable framework to protect new inventions by analyzing the existing legal frameworks and intellectual property conventions.
Timeline:
The proposed timeline for this study is five years and on completion of this period, it is going to be a part-time study. The expected contributions made by this study would include suggesting legal frameworks that can recognize AI or ML as inventors or creators. This will provide a significant proposal to implement the legal and ethical discourse in an improved, transformed way by which it delivers more safeguarding towards the inventors. However, the completion of the entire research work will offer significant insights into the implication of the recognition procedure for the creation of innovation made by technological interference. This will also focus on the broader public interest so that it can bridge the gap between technical and legal advancements and adaptations, respectively.
Expected Outcome:
This study will likely contribute significantly towards the legal discourses by proposing legal frameworks appropriate for protecting the inventions made by AI or ML. It will also shed light on the ethical discourses by representing a proposed legal Framework that can recognize and safeguard the interventions or new inventions by AI or ML. It is assumed that the proposed Framework will protect the new interventions from illegal usage and provide a considerable safeguard to the inventors to protect their rights. Technology advancement is reshaping the world, and safeguarding the new inventions associated with this implication of international Intellectual Property Rights is gaining more importance over the years. While considering secondary qualitative data, this study will produce a range of relevant practical implications of the guidelines followed by structuring a new framework to safeguard those inventions appropriately from misuse. As technological advancements are making the field of inventing new products and services in an AI or ML-driven way, the importance of restructuring the legal adoption procedure or creating and implementing a new set of regulative directions is also gaining more importance. By using practical information in terms of the secondary qualitative data, this study will provide specific recognition of the creation and innovation of new products and services that can significantly improve the Public Interest. The proposed mechanism will establish a bridge between the gap present within Technological advancement and legal adoptions. New inventions, accelerated technological advancements, and legal adoption procedures are to be changed due to transforming Technology procurement. Therefore, by considering the present condition and its future viabilities in terms of technological advancement, the legal procedures or frameworks responsible for safeguarding the invention must also be modified.
Conclusion
Completing the entire research work will likely conclude the present intellectual property rights for Artificial Intelligence and machine learning. By examinations of copyright holders, it will successfully provide an administrative guideline from which an entire level of protection for such technology-driven inventions can be provided. Considering secondary data will benefit this task to gain detailed insights related to the conceptual property rights and their implication for safeguarding several inventions by Artificial Intelligence and machine learning. Hence, it is expected that the study will inspect the existing legal frameworks and international conventions associated with them and identify their ethical and philosophical dimensions. Relevant case studies procedural analysis will efficiently identify the legal challenges and opportunities when international intellectual property conventions are implied. Depending on the discussion from the previous data related to the concept, it is assumed that these accounts will propose a range of potential modifications and a new legal Framework that can effectively identify inventions made by Artificial Intelligence and machine learning. With a broader implication towards recognizing innovation, creativity, and Public Interest by focusing on associated ethical dilemmas, this account will successfully investigate the available and proposed frameworks.
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