AI, Intellectual Property Rights, and the EU AI Act: Charting A Course for the Future

Abstract

Disorder and disruption are the natural ways in which human society evolves as seen during the Industrial Revolution1 and the Scientific Revolution2. The technological age is one such kind of disruptive evolutionary step, encompassing within it the inevitable existence of advanced artificial intelligence (AI) in the future. Would this superintelligence or advanced artificial intelligence’s existence be a threat to humankind and our dignity?

Artificial intelligence is being used in various parts of the social, economic, personal, and professional sectors. There is no doubt that with further technological advancement, artificial intelligence will get smarter and more able to make decisions. There will be autonomy of artificial intelligence in several fields like big data3 and machine learning. Thus, it is important that we as a society work together to prevent any pitfalls due to this advancing artificial intelligence. Although it is said that artificial intelligence will never be able to master creative thinking coupled with intuition, the development of artificial intelligence in an unregulated, unmonitored autonomous system poses a threat to human dignity in the future, especially when it comes to autonomous artificial intelligence decision-making. In the contemporary world, artificial intelligence is still developing and requires human intervention. Traditional principles of law and ethics like fairness, transparency, contract, torts, intellectual property, trust, etc. are used to regulate unfair and unlawful abuse due to technology, but in time specialized regulations will be required. There is no doubt that we bear the responsibility to play the role of supervisors and managers of responsible, lawful, and ethical artificial intelligence systems at all stages of development and use of artificial intelligence.

The use of AI has also evolved the process of intellectual property (IP) creation, management, and exploitation. Where on the one hand, AI is enabling the creation of new and diverse varieties of IP assets and a more efficient manner of their management, on the other hand, AI is also creating new challenges for inventors, businesses, and policymakers, especially the dilemma revolving around the complex legal and ethical issues of ownership, infringement, subject-matter eligibility, data protection and more.

Law is very important for the proper functioning of society and must keep pace with the dynamic nature of society. It must be proactive but at the same time should not be too restrictive. Laws and regulations should not lag the growing artificial intelligence technology so much that any later attempts turn futile, nor should they run so ahead now that artificial intelligence technology gets limited or even retarded. The immoral use of personal data, big data, and blockchain technology cannot be overlooked