Record Details

A Robot in IP-The Issues and Need for Legislation

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title A Robot in IP-The Issues and Need for Legislation
 
Creator Madhumitha, Dharmapuri Selvakumar
 
Subject 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
 
Description 186-195
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.
 
Date 2021-03-02T08:18:03Z
2021-03-02T08:18:03Z
2020-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/56334
 
Language en_US
 
Rights CC Attribution-Noncommercial-No Derivative Works 2.5 India
 
Publisher NISCAIR-CSIR, India
 
Source JIPR Vol.25(6) [November 2020]