The present article is written by Gauravi Roychowdhury under the National Article Writing Competition organised by LeDroit India discussing about IT in Intellectual Property – a bane or a boon?
Intellectual property rights are the rights given to a person for the creations of his mind and are basically intangible creations of human intellect. They are applied to inventions, literary, artistic works, designs, symbols, names and images used in commerce. They give the innovators exquisite rights over their innovations for a specified period of time. Social purpose of intellectual property is to provide protection to the results of investments in the development of new technology and with it, incentive to finance, research and development activities.
In the beginning all IP activities were paper bound and were mostly manually performed and offices retained paper records and gave paper based certificates. Today automation of IP processes including asset creation, portfolio management ,valuation ,ranking, docketing are performed by artificial intelligence. IP tasks are more focused on automating and reducing human centered approach.
Intellectual property is protected by Law by Patents, Copyrights and Trademarks which enable people to earn recognition and financially benefit from what they innovate and create. The purpose of IP is to create a balance between the interests of the innovators and public in general and to encourage an environment in which creativity and innovation can flourish.
Is the exclusive assignable legal right given to the originator for a fixed number of years to print, publish, film, record, literary, musical and artistic work. The purpose of Copyright and the rights related to Copyrights is to encourage creative work.
Industrial property is characterized by the protection of distinction signs called trademarks which distinguish the goods and services of one undertaking from another and also help in identifying the geographical origin of these goods.
Aim of protection of trademarks is to stimulate and ensure fair competition and also protect consumers by enabling them to make informed choices between various goods and service.
Is the authority or licence conferring a right or title for a set period especially the sole right
to exclude others from making, using, selling an invention. Industrial designs, Geographical indications, and trade secrets are all protected by IPR.
Limitations and exceptions of IPR are meant to balance the legitimate interests of right holders and of users. With the advancement of society and with the increase in inventions the list of items that fall within the purview of IPR has widened.
ARTIFICIAL INTELLIGENCE – Rise of the Machines:
The concept of ARTIFICIAL INTELLIGENCE has been an important development in Technology and Business. It has been employed in industries and impacts all innovations in a number of ways. The availability of a large amount of training and advances in computing systems has contributed to the rapid growth of artificial intelligence. Artificial intelligence intersects IPR in a number of ways. There is no universal definition of artificial intelligence. It is a discipline of computer science that is aimed at developing systems that can carry those tasks that require human intelligence. In recent years with the development of new network techniques and hardware AI is perceived as the synonym for supervised machine learning. Today machine learning is used as a powerful aid for extracting insights from a large unorganised number of data sets that would otherwise be too complex and massive for human comprehension. Machine learning uses the fundamentals of Input and expected Output which is also called structured data or training data, to continuosly improve and make decisions without being programmed to do so in a step by step sequence of instructions. This approach actually copies the biological cognition of a child learning to recognize objects.
We find the application of machine learning in spam filters, translation, voice text ,image recognition. One of the areas of most active research in machine learning is in improving natural language processing (NLP) programmes which can analyse and understand natural human language.
Major tool for any intellectual enterprise is information and knowledge on which the entire module of business is built and/or developed. India is today recognized as a IT giant and the land of the most brilliant minds in the field. Many Indian enterprises are now turning into multinational giants.
Now let us briefly go into why the IT is proving to be a boon as well as bane for IPR.
Today with ,automation of IPR related processes most of the IP related tasks have simplified the maintenance of an entire Patent database.
A world of information is just a click away. Auto searches have reduced manual analysis and helped examiners and inventors..They provide a cost effective ,faster and more efficient ways of managing IPR. With the invention and use of processes minimizing the involvement of human centric approach ,the experts now can use their quality time strategizing and concentrating on other things of their enterprises, that deserve more attention. However complete automation of certain IPR processes like portfolio management and docketing services is not possible because of the hassles and dictates of the legal systems.
In addition these services require continuous upgradation.
Is a important tool used by the law firms to handle patent applications since it is inherently difficult to organize the application process for numerous patents without a software package or system that automatically keeps track of documents and deadlines involved.
Even estimation of Patents valuation data that involves the use of financial data and determination of manual parameters cant do without the involvement of manual efforts..
Manual efforts to search for prior act cant be at all be disregarded.
What the world needs today is a blend of machine and human input where some processes are performed by humans and some by machines. As the technology advances routine mental tasks will continue to automated and experts have predicted that 50% of the jobs performed by humans would in future be automated.
What cannot be forgotten is that the real capital for any enterprise is the intellectual capital which rest only in the mind of geniuses who run the systems of all enterprises and these minds can by no means be substituted..
Thus IT in Intellectual property has been both a Bane and a Boon.