A Robot in IP-The Issues and Need for Legislation

Dharmapuri Selvakumar, Madhumitha

Abstract

Advent of economy and information technology has transformed the world from manual to one touch dependence on computer-based technology and Artificial Intelligence (AI). A robot can create something without any instructions at its own free will; the question that arises here is, whether such asset created by a robot would qualify for the grant of IP protection? If it is granted, who would be qualified to own the IP protection? The questions remain unsettled. The paper elucidates the basic idea of AI, its current scenario in relation to the concept of legal entity as a juristic person in different jurisdictions followed by illustrations and circumstances of the difficulties and challenges faced by the creators of AI in the field of patent using the concept of inventorship, inventive step, non-obviousness and theoretical analysis by subject matter patentability. And finally, the legal status and a policy suggestion as a conclusion on how it would help in improving the patent laws through TRIPS. The rapid increase in creation of intangible asset is astonishing and it becomes an absolute necessity to focus on the subject of AI and define it by law as the technology advances.

Keyword(s)

Robotics; Trade-Related Aspects of Intellectual Property Rights; World Intellectual Property Organization; Artificial Intelligence; Device for the Autonomous Bootstrapping of Unified Sentience; Natural Right Theory; Intellectual Property; Patent,; Legal Personality; Subject Matter Eligibility; Inventorship; Artificial Persons; Electronic Personality

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