ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY RIGHTS PROTECTION: AN APPRAISAL

Abstract

Artificial Intelligence (AI) system is a product of technological innovation that is developed and built in the form of a machine or other electronic device that is designed or programmed with inbuilt capacity to exhibit certain traits or characteristics of a natural person such as the ability to think, create, design, invent or make discoveries including problem solving, etc. Intellectual Property (IP) refers to a design, discovery or invention that is a product of the activities of the human intellect. Intelligence is a natural attribute of human beings. This is a fact that is recognized by law. This has led to the provision of legal protection for invented works that are novel, which the law recognizes as constituting the basis of Intellectual Property rights. Since AI has been orchestrated to create inventions and innovations in addition to solving problems and executing operations and activities that were carried out by natural humans before now, the relevant question now is that for the purpose of legal rights and liabilities, who bears responsibility for the inventions, innovations, discoveries or designs etc from an AI? Is it the developer, programmer, operator or the AI itself? This question is necessitated by the fact that unlike natural humans, the law does not recognize AI as entities that are entitled to Intellectual Property rights protection. This article among other things, attempts an appraisal of the mode of operations, characteristics, deployment, uses, impacts and challenges of AI. More importantly the work examines the current legal status of AI, its impact on copyrightable or patentable inventions by AI and also makes recommendations to address the problems posed by the current legal status of AI. In conducting the research for this work, relevant materials from various primary sources more especially from internet publications were consulted and referred to. This article will be useful to all and sundry across the globe particularly to those involved in developing and operating AI technologies. It is hereby recommended that AI should be entitled to acquire a legal status just like incorporated companies which are recognized as artificial persons in the eyes of the law, while the developers, programmers and operators of AI should assume the position and play the role of directors and other principal officers of incorporated companies.