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Artificial Intelligence: Law And Policy Implications [Edn. 2020]

Overview:

Artificial Intelligence is an important subdivision of Cyber law and is constantly developing in the country. This thoroughly researched handbook discusses the issues associated with Artificial Intelligence involvement at social, institutional and government level. The work is a blend of multi-disciplines like law, Policy, philosophy, social theory and Technology. It brings together, under one roof contributions by scholars in the newly emerging field of artificial intelligence, policy and Law.  The work makes and attempts to address all the unanswered question which are popping up in the field of law, policy and regulation due to fast development of AI in India and globally.

Notable features

  • It address the legal, policy and regulatory issues pertaining to Artificial Intelligence.
  • Authors have talked about legal principles and legal frameworks relating to Artificial Intelligence
  • Helps to develops legal reasoning on critical issues in Artificial Intelligence and criminal liability.
  • It discusses all the issues in Artificial Intelligence with a multidisciplinary approach.
  • Explains real legal issues that one needs to consider as an AI thinker and legal practitioner.
  • Makes an attempt to legal awareness of Artificial Intelligence technology.
  • Provides clarity on contemporary issues in Artificial Intelligence and law including but not limited to intellectual property, confidentiality, criminal law, Agency and data protection.
  • An asset for research scholars who want to work in the area of AI, policy & law.

Table Of Contents:

Artificial Intelligence-An Overview

 —Aditi Ajay and Akshay Srinivas

The Possibility of Ascribing Legal Personality to AI Systems

—Monidipa Sengupta and Tarique Faiyaz

The Reasonability of A Machine: Liability Conundrum of Artificial Intelligence Under Tort

 —Ashwini Gehlot and Aklovya Panwar

A Paper on Eliminating Bias in Artificial Intelligence

—Srivijay R Sastry and Arjun Kamath

Artificial Intelligence v. Natural (Human) Intelligence― Global Challenge for the Human Rights

 —Shivangi Sinha

Law Relating to Artificial Intelligence: A Study on Governance in India

—N. Venkateshwarlu

ARTIFICIAL INTELLIGENCE: LAW AND POLICY IMPLICATIONS Free Speech Right to an AI: Probable Paradigm Shift?

—Priyamvada Singh

AI and National Security –Challenges and Advancements

—Simran Kaplish

Artificial Intelligence vis-à-vis IPR Implications: A Case of Indian Context

—Parna Mukherjee and Shreyansh Gaur

Copyright in AI-Generated Works: A Schrödinger’s Cat?

 —Abhishek Kumar Garg and Prachi Jain

Emergence of AI and its Implication Towards Data Privacy: From Indian Legal Perspective

 —Sheshadri Chatterjee

Application of AI in Legal Practice: “locus standi & AI”

—Akash Manwani and Riddhi Pawar Artificial Intelligence and Data Protection—Sowmya Damodaran

AI and its Criminal Liability

—Sadaf Fahim About the Contributors.


Buy the Book here: ARTIFICIAL INTELLIGENCE

Hot Off The PressNews

Supreme Court of India is organising a programme to mark the celebrations of the momentous event of Constitution Day on 26th November, 2019.

On this occasion ‘Indian Judiciary: Annual Report 2018-­2019’ will be presented to Hon’ble the President of India. The Annual Report published by the Supreme Court of India showcases the initiatives and achievements of the entire Indian Judiciary, including the Supreme Court of India and 25 High Courts with Subordinate Courts under their jurisdiction, on one platform for information and reference.

Official Multilingual Mobile App. of the Supreme Court of India, developed with the technical consultation of the National Informatics Centre will also be launched. It will be available for download on the website of the Supreme Court and would provide authentic real-time access to Case Status, Display Board, Daily Orders, Judgments, Office Reports, Circulars and several other useful information for Lawyers, Litigants and citizens. This App., as of now, will be available in English, Hindi and six regional language scripts.

The ‘Supreme Court Vidhik Anuvaad Software’ short-termed as ‘SUVAS’ shall also be presented to Hon’ble the President of India, on this occasion. SUVAS is a machine-assisted translation tool trained by Artificial Intelligence. This Tool is especially designed for Judicial Domain and at present, has the capacity and capability of translating English Judicial documents, Orders or Judgments into nine vernacular languages scripts and vice versa. This is the first step towards the introduction of Artificial Intelligence in Judicial Domain.

*Link to the press release — PRESS RELEASE


Supreme Court of India

[Press Release dt. 25-11-2019]

Hot Off The PressNews

The World Intellectual Property Organization (WIPO) has launched a new artificial intelligence (AI)-powered image search technology that makes it faster and easier to establish the distinctiveness of a trademark in a target market.

Earlier-generation image search tools primarily determine trademark image similarity by identifying shapes and colors in marks. WIPO’s new AI-based technology improves on this technology by using deep machine learning to identify combinations of concepts – such as an apple, an eagle, a tree, a crown, a car, a star – within an image to find similar marks that have previously been registered.

The new technology results in a narrower and more precise group of potentially similar marks, facilitating greater certainty in strategic planning for brand expansion into new markets. With fewer results to scrutinize, this also translates into labor-cost savings for trademark examiners, attorneys and paralegals, industry practitioners and researchers.

WIPO’s new AI search technology leverages deep neural networks and figurative elements classification data from the Madrid System for the International Registration of Marks and from large trademark offices.

All users can access the AI search technology for free through WIPO’s Global Brand Database, where it has been fully integrated into the database search engine.


[Press Release dt. 26-03-2019]

[Source: WIPO]

Experts CornerGNLU - Microsoft

“Digital technologies are doing for human brainpower what the steam engine and related technologies did for human muscle power during the Industrial Revolution. They are allowing us to overcome many limitations rapidly and to open up new frontiers with unprecedented speed.  It is a very big deal. But how exactly it will play out is uncertain.”

— Andrew McAfee

What are the Major Trends in Digital Technology (DT)

Due to the ripening of digital technologies, the society en bloc is undergoing a fast and radical transformation. To add to the increased demand from customers, companies are facing ever tougher competition due to globalisation and putting pressure to go digital before others do, seeking to survive and attain competitive advantages.

Hence, in recent years “born digital” pioneers (e.g., Amazon, Facebook and Google) have grown into powerful behemoths, while companies that long dominated their industries found their traditional value proposition under threat.[1]

Further to be added that every computing device [which has five basic components: (a) integrated circuits; (b) memory; (c) network systems; (d) software applications; and (e) sensors] is undergoing changes which humans cannot absorb. The biggest concern is what happens next? How could we legislate technology, we neither understand nor can predict its legal application/misapplication?

What will the Digital Technology Innovation Ecosystem Look Like in the Next Ten Years

In the impending ten years, the computer will eventually disappear, and will be everywhere but invisible (IOT). Music was the first industry to be digitised. Now it is media. Tomorrow, it is education, banking, medicine and transportation, etc. The table below explains the scenario is as follows:

Mature Emerging Futuristic

(i) Enterprise systems

(ii) Internet

(iii) Social Media and digital platforms

(iv) Mobile endpoint devices and Apps

(i) Cloud computing

(ii) Big data analytics

(iii) 3D printing/additive manufacturing

(iv) Algorithmic automation

(v) Sensors and the internet of things

(vi) Driverless vehicles and autonomous things

 

(i) Commercial drones

(ii) Artificial intelligence and cognitive computing

(iii) Blockchain, smart contracts

(iv) Conversational computing

(v) Virtual assistance

(vi) Virtual reality and augmented reality

(vii) Social robotics

(viii) Quantum computing

(ix) Human augmentation/brain-computer interfaces

Big Data: The New Gold Mine

Big data relates to large data. Big data challenges include capturing data, data storage, data analysis, search, sharing, transfer, visualisation, querying, updating, privacy and data source. Currently, the term “big data” tends to refer to the use of predictive analytics, user behaviour analytics, or certain other advanced data analytics methods that extract value from data.

Analysis of data sets can find new correlations to spot business trends, prevent diseases, combat crime and so on. Researchers, scientists, business executives, practitioners of medicine, and governments alike regularly need to mine and understand large data sets in areas including urban informatics and business informatics.

Challenges to Intellectual  Property (IP) Law in “DT” Innovation

3D printing—3D printing could be a problem for patent-holders as its enforcement will be hard due to dispersed infringers. Only by simply removing the mark the 3D printing could overcome trade mark or trade dress. The jurisprudence is not conventional as case laws and legislation needs to be developed to manage 3D products/services. Moreover, the copyright system itself is not ready to respond to the challenges posed by DT acceleration. Also, patent law doctrines will be disrupted and may need to undergo certain legislative changes.

Artificial Intelligence (AI)

Businesses are increasingly interested in protecting their investments in the development of AI. Due to low cost, high-capacity storage and computing power, and the ubiquity of sensors that capture data of all types, companies are adding AI features to existing products and creating entirely new product offerings based on AI.

The world of “big data” has created both the availability of robust training sets used to develop AI technology and a need for technology that can process and filter large volumes of data for business applications. Recognising the need to protect the value of their investment in AI, companies are increasingly securing IP protection. The Patent and Trade Mark Office (PTO), for example, has seen a 500 per cent increase in the past five years in the number of patents issuing to Class 706, a classification exclusively designated for AI data processing systems.

Currently, inventors are individuals. But what if an AI-enabled machine invents something? What if an AI algorithm — without any human intervention — develops a new drug, a method of recognising diseases in medical images, or a new blade shape for a turbine? Section 100(f) of the Patent Act, 35 USCA Section 100(f) defines “inventor.” The legislative history of that section indicates that Congress intended statutory subject matter to “include anything under the sun that is made by man”, according to the US Supreme Court.[2] Accordingly, perhaps Congress, and not the courts, may have to make changes to existing patent law to address potentially patentable subject-matter developed autonomously by AI.

Underlying the patent laws is a contractual consideration. In exchange for a limited monopoly via a grant to exclude others from practising the claimed invention, an inventor must disclose to the public enough information about the invention to enable one of ordinary skills in the art to practice what is claimed.

Given the nature of some AI inventions, meeting this requirement can be challenging. For example, when seeking protection for rule-based AI systems, a research team may have developed rule sets that are effective for a specific application. Patent claims directed to a broader scope of application may not be enabled by the rules developed. Disclosing only those specific rules may not satisfy the disclosure obligations of Section 112 of the Patent Act, 35 USCA Section 112.

Similarly, the performance of AI embodied in artificial neural networks can depend on network topology, which can include the number and types of layers, the number of neurons per layer, neuron properties, training algorithms and training data sets. The scope of the claims will depend on what the limited set of topologies disclosed in the patent teaches one skilled in the art to practice.

In both the rule-based and network-based systems described above, where the systems have been developed heuristically, there may be questions regarding whether the patent discloses generalisations necessary to support the desired claim scope. There could be millions of permutations of the network architecture or rules adaptable for various applications.

Disclosing only a few and trying to define a broad claim scope may introduce risks. Providing a comprehensive disclosure laying out many embodiments may reduce some risk. But practically, how many can and should be disclosed? This is an area where guidance may come from the pharmaceutical arts, which may aid in an understanding of the bounds of patent disclosure and written description requirements.

Under Section 101 of the Patent Act, 35 US CA Section 101, the subject-matter of a patent claim must be directed to a “process, machine, manufacture or composition of matter”. However, the US Supreme Court held[3], that claims directed to nothing more than an abstract idea, such as a mathematical algorithm, or to natural phenomena or a law of nature are not eligible for patent protection. The technology underlying AI is generally based on computer programming or hardware implementing mathematical models, deep learning algorithms or a neural network. An improperly drafted patent application directed to AI may fall within this judicially recognised exception to patent-eligible subject-matter.

In Alice Corpn. Pty. Ltd. v. CLS Bank International[4], the Supreme Court provided the framework for determining “whether the claims at issue are directed to a patent-ineligible concept”. If the claims are, then the elements of all claims must be examined “to determine whether (they contain) an ‘inventive concept’ sufficient to ‘transform’ the claimed abstract idea into a patent-eligible application.”[5]

The US PTO expressly recognises that AI can be patentable through the express designation of Class 706, a section of the agency’s patent application classification system. In addition, two PTO “examining art units” for reviewing prior art are specifically devoted to reviewing applications directed toward AI algorithms.

Copyrights can be used as another form of protecting AI, because AI software can be copyrightable. In Synopsys Inc. v. ATopTech Inc.[6] Synopsys had patents directed to static timing analysis but instead relied exclusively on its copyrights of the software to secure a jury award of over $30 million based on ATopTech’s alleged infringement of Synopsys’ copyright.

Whether AI that is capable of generating copyrightable material can obtain a copyright is a different matter. A District Court recently found that a monkey had no rights to his selfie because the current copyright statute as interpreted affords rights to humans, not animals. This case demonstrates that future legislation would likely be required to allow animals, or AI for that matter, to obtain copyright protection.

AI and the IP issues it presents are continuing to evolve, creating a new frontier for businesses, governments, academicians and legislators. We need to consider changes in the law to employ the appropriate legal strategies to guide them as they deploy and protect AI-based innovations.

What can India do to Compete in the DT Space? Problems and Solutions

World Bank data estimates 69% of today’s jobs in India are threatened by AI-driven automation.  China’s figure is 77%. Still, robots replacing jobs en masse is unrealistic in the medium term in India (or anywhere else) but the effects are already being felt. Last September, Indian textiles giant Raymond said it would replace 10,000 jobs with robots over three years. India lags well behind the developed world on labour productivity, which acts as a major drag on growth. We have to automate to be globally competent.  Infrastructure supports productivity enabling to compete globally. The jobs of the future will focus on skills like critical thinking, collaboration and creativity. In this India’s education system also has a major role to be played, therefore it must prepare young people to participate and lead in the global DT industry.

Although the scenario has changed and India has realised that the Date is GOLD! India looks to “level playing field” with US tech giants.  Indian lawmakers are looking for ways to curb the power of US tech giants with draft rules calling for companies to store local user data in India with the information accessible to the Government. The Wall Street Journal viewed a draft of a new e-commerce policy calling for a “level playing field” with rules for “encouraging domestic innovation and boosting the domestic digital economy to find its rightful place with dominant and potentially non-competitive global players”.[7]

Indian policymakers are looking for ways to tamp down American tech behemoths, a shift that could crimp growth potential in one of the biggest remaining open markets for their expansion. India wants to slap new rules on Amazon.com Inc., Apple Inc., Alphabet Inc.’s Google, Facebook Inc. and other firms, using a page from China’s playbook to take control of its citizens’ data and shelter homegrown startups. Lastly, in today’s DT space, India must develop indigenous capabilities in DT research involving all fields and build human capabilities in AI.

 


*Vaishali Singh is Research Associate, GNLU-Microsoft IPR Chair, Gujarat National Law University.

[1]  See,?<https://www.researchgate.net/publication/310790993_Synergy_for_Digital_Transformation_Person’s_Multiple_Roles_and_Subject_Domains_Integration>.

[2]    Diamond v. M. Chakrabarty, 1980 SCC OnLine US SC 128 : 65 L Ed 2d 144  : 447 US 303 (1980).

[3]    Diamond v.  R. Diehr, 1981 SCC OnLine US SC 41: 67 L Ed 2d 155: 450 US 175 (1981).

[4]    134 S. Ct. 2347.

[5]    Ibid.

[6]    13–cv–02965–MMC(DMR).

[7]    See, <https://seekingalpha.com/news/3382109-wsj-india-looks-level-playing-field-u-s-tech-giants>

Conference/Seminars/LecturesLaw School News

GNLU Centre for IPR in collaboration with its industry partner Intellectual Property Protection Organization (IPPO) invites all interested faculty members and students to a Special Lecture titled ‘Intellectual Property and Artificial Intelligence’ by Mr. Gregory Maurer- Partner, Klarquist, USA. Mr. Maurer’s practice focuses on the preparation and prosecution of computer-related and bioinformatics patent applications, open source software, and intellectual property counselling.
The lecture will be held on 25th January, 2019 at VITAN II, from 02:00 P.M. to 04:00 P.M.
Conference/Seminars/LecturesLaw School News

Gujarat National Law University,  in collaboration with UNCITRAL,  Regional Center for Asia and the Pacific, towards the celebration of 2018 UNCITRAL Asia Pacific Day is organizing a Symposium on “Artificial Intelligence in the Digital Age: Issues and Challenges” on 15th December 2018 at GNLU.

Resource Person:

  • Shri. Amit Bhardwaj, National Institution for Transforming India, NITI Aayog, Government of India; and
  • Dr. Vipin Aggarwal, Principal at VBA Associates

Date: 15th December, 2018

Time: 10.00 AM to 12:30 PM

Venue: Vitan II, Administrative Building, GNLU

For more details, refer 2018 UNCITRAL ASIA PACIFIC DAY

Hot Off The PressNews

A Task Force on Artificial Intelligence (AI) for India’s Economic Transformation was constituted on 24th August 2017 which submitted its report on 19th January 2018. It has recommended for an Inter-Ministerial National Artificial Intelligence Mission to act as a nodal agency for coordinating AI related activities in India.

In the meeting of Committee of Secretaries held on 8th February, 2018, NITI Aayog was tasked with formulation of a National Strategy Plan for AI in consultation with Ministries and Departments concerned, academia and private sector. NITI Aayog has prepared and placed on its website on 4th June 2018 a discussion paper on National Strategy on Artificial Intelligence identifying following five sectors to be focused upon: Healthcare, Agriculture, Education, Smart Cities and Infrastructure, Smart Mobility and Transportation.

In order to create a policy framework and to develop the ecosystem for Artificial Intelligence, Ministry of Electronics & Information Technology, has constituted four committees covering all the aspects of AI. These Committees are:

  1. Committee on platforms and data for AI
  2. Committee on leveraging AI for identifying National Missions in key sectors
  3. Committee on mapping technological capabilities, key policy enablers, skilling, re-skilling and R&D
  4. Committee on cybersecurity, safety, legal and ethical issues.

Ministry of Commerce & Industry

Experts CornerGNLU - Microsoft

Artificial Intelligence (AI) is not a new concept, especially to the readers of science fiction. In recent times however, it is becoming more science and less fiction. The world of technology is changing rapidly, and Artificial Intelligence systems have been gaining widespread momentum. With sophisticated technologies being incorporated in the same, it is only a matter of time these systems start to produce marvellous inventions without human intervention of any kind. AI, simply put, is the capability of a machine to imitate intelligent behaviour. It is an umbrella term that refers to information systems inspired by biological systems, and encompasses multiple technologies including machine learning, deep learning, computer vision, natural language processing (NLP) machine reasoning, and strong AI.[1]

Most definitions of Artificial Intelligence in the standard texts are overly complex for a general survey of the field, so here is a simple one that will suffice instead: Artificial Intelligence is the science of mimicking human mental faculties in a computer.

Modern definitions:

Artificial Intelligence refers to the ability of a computer or a computer-enabled robotic system to process information and produce outcomes in a manner similar to the thought process of humans in learning, decision-making and solving problems.

 

                                                                           Figure 1[2]

Artificial Intelligence and IP law

The intellectual property (IP) industry is the most noteworthy market where AI could have a profound effect. With the clear visibility of remarkable extent of creativity and knowledge exhibited by AI, concerns pertaining to IP protection ought to be there in the minds of those enforcing the rights associated with the intellectual property. On this it is required to go on to the more deliberative end of the copyright debate in connection with AI solutions and the relation of patent laws with AI systems.

A draft report of the European Parliament to the Commission on Civil Law Rules on Robotics[3] mentions that in the future, AI will leave no stratum of the society untouched and also calls on the Commission to elaborate criteria for an “own intellectual creation” for copyrightable works produced through AI. Now, there are machines which automatically create works which would qualify for a copyright protection, if it were produced by a human. There have been several high degree computational creative innovations until now and this has sparked debates all over the world for the re-examination of copyright standards for AIs. Recently, a San Francisco Court denied a copyright to a macaque monkey who clicked selfies which went viral. With copyrights for animals out of the picture now, a similar situation has arisen for AIs. Recently, many copyright offices across the world have already mentioned that they would not register machine produced works. Similarly, under patent law, if novel inventions are made by AI machines, issues may arise regarding the ownership of such inventions. Without any human intervention, who will own the patents on novel inventions filed by AI machines? Will the machine/robot be the owner of future inventions? When ownership rights are distributed amongst different entities, who will be able to enforce such rights. And if an AI plagiarises a creation or reproduces an invention, how will damages be determined? These are a few basic but puzzling questions which patent laws now face.[4] With the monumental growth of AIs in every industry of the market, it is incumbent upon IP theorists and lawmakers to design laws which can be adopted in a world with AIs.[5]

Position in India

There is a wide variety of intellectual property legislations which would impact/affect the functioning of AI in India. Such legislations are discussed in detail below.

A. Copyright

Indian Copyright law requires that in order for a “work” to qualify for copyright protection, it would firstly have to meet the “modicum of creativity” standard laid down in Eastern Book Co. v. D.B. Modak[6]. From a reading of the test laid down in the aforementioned judgment however, there is no definitive conclusion that may have arrived at wherein it may be stated that an AI cannot meet the “modicum of creativity” as required.

In addition to the above, the second requirement to be satisfied by an AI when it comes to the ownership of copyrighted works is the requirement to fall under the aegis of an “author” as is defined under the Copyright Act, 1957. This would be problematic as an AI has generally been regarded to not have a legal personality. Under Section 2(d) of the Copyright Act, 1957:

2.(d) “author” means,—

(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created;”

The first issue under the above mentioned definition is its usage of the terms “the person who causes the work to be created”. Determining who “causes” a work to be created is a question of the proximity of a natural or legal person to the creation of the “expression” in the content in question — the more closely or directly a person is involved in creating the “expression”, the more he or she contributes to it, and the more likely he or she is to qualify as a person “who causes the work to be created”. As a result of the above, the current legal framework under the Copyright Act, 1957 may not effectively deal with/prescribe for creation of works where the actual creator or a contributor of the “expression” is not a human or a legal person. Thus, when it comes to works that are created by AI, their authorship would be contentious under Indian copyright laws.[7]

B. Patents

Section 6 of the Patents Act, 1970 states that an application for a patent for any invention can be made only by the true and first inventor of the invention or the persons provided upon request only assigned by such person. Whereas, Section 2(y) of the Act confines the definition of “true and first inventor” to the extent of excluding the first importer of an invention into India, or a person to whom an invention is first communicated outside India, and nothing further. These provisions do not expressly impose the requirement of an inventor to be a natural person. Therefore, from a bare reading of these provisions, it may be interpreted that an AI may fall under the definition of an inventor as provided in Section 2(y) of the Patents Act, 1970. However, in practice the “true and first inventor” is always assumed to be a natural person. Thus, it will be interesting to track the jurisprudence on this front especially the stand taken by the patent office when the “true and first inventor” on the patent application form is not a natural person. However, AI will certainly play an important role in the evolution of patent law itself. Sophisticated use of natural language processing has been adopted in generating variants of existing patent claims so as to enlarge the invention’s scope. The publication of these patent claims using such technology would help preclude obvious and easily derived ideas from being patented as they will form the corpus of the prior art that is available in public domain. If the trend of using such services gains a foothold in the industry, it will substantially increase the uncertainty associated with the enforceability of a patent as the risk of not discovering prior art that invalidates the patent would increase. As a result, it could be anticipated that AI would be developed to assist in discovery of prior art and correspondingly this would certainly increase the demand of AI (from a patent law perspective) in this sector.[8]

AI and IP law: A way frontward

With decades of R&D, IBM’s AI engine Watson, is now capable of detecting a type of cancer in just 10 minutes and this once helped save a person’s life. It was said that the same would have gone undetected under conventional diagnosis methods. From autocorrecting our text messages to saving people’s lives, AI has only begun influencing our lives in a great way. But IP laws are far from matching the progress being made in AIs. Currently IP law focusses only on human actors as IP creators/infringers. It is time now, for policymakers to come up with standards and liability criteria when it comes to IP surrounding AIs. It will also be interesting to see how IP sharing works in the AI realm. It is also believed that the future of many industries depend on AIs and therefore, IP sharing will be a crucial aspect of the overall development agenda and sustainability. The AIs will slowly become a part of every imaginable industry and even though the European Commission has taken baby steps in raising questions over IP laws for AIs, the future is full of intriguing prospects for innovators and businessmen, alike.

Conclusion

The penetration of self-driven cars, robots and fully-automated machines, which are currently being used in various economies around the world, is only expected to increase with the passage of time. As a result, the dependency of entities and individuals on AI systems is also expected to increase proportionately. Whilst addressing the position of Artificial Intelligence, it would be imperative that the regulators undertake a reasonable and balanced approach. A positive step towards the recognition of AIs could be that, all member countries of multilateral trading forums begin to recognise the same, for instance, in the form of an amendment to Trips.  The AIs today perform human like functions in every sphere. It would not be amusing if, tomorrow they can perform functions better than humans and take their decisions themselves. To keep a track of the same, a legislation governing AIs should be drafted, to provide for guidance/clarity as to the rights and obligations of programmers or creators of AI systems, in order to crystallise the broad ethical standards to which they are required to abide to whilst programming/creating AI and robotics systems. Due to the lack of legal jurisprudence on this subject, it is hoped that in the near future legal and tax principles are established which will not only foster the development of AI but also ensure that the necessary safeguards are in place.

 

* Vaishali Singh is Research Associate, GNLU-Microsoft IPR Chair, Gujarat National Law University.

[1]    Raquel Acosta, Artificial Intelligence and Authorship Rights, Harvard Journal of Law and Technology (17-2-2012), available at: <http://jolt.law.harvard.edu/digest/copyright/artificial-intelligence-and-authorship-rights>.

[2]    PWC analysis, available at <https://www.pwc.in/publications/2017/artificial-intelligence-and-robotics-2017.html>.

[3]    See <http://www.europarl.europa.eu/RegData/etudes/ATAG/2017/599250/EPRS_ATA(2017)599250_EN.pdf>.

[4]    Mailer, Artificial Intelligence & Intellectual Property Rights, October 2016  available at <www.clairvolex.com>.

[5]    R. Kurzweil, The Age of Intelligent Machines, 272-275 (MIT Press: 1990).

[6]   (2008) 1 SCC 1.

[7]   Final Report of the National Commission on New Technological Uses of Copyrighted Works 4 (1978), available at <http://eric.ed.govPDFS/ED160122.pdf>.

[8] Office Order No. 36(2017), Intellectual Property Office (India), <http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Office_Order_No_36_of_2017_for_Revised__Guidelines_for_Examination_of_CRIs.pdf>; Balaji Subramanian, Patent Office Reboots CRI Guidelines Yet Again: Removes “novel Hardware” Requirement, SpicyIP, <https://spicyip.com/2017/07/patent-office-reboots-cri-guidelines-yet-again-removes-novel-hardware-requirement.html>.

NewsTreaties/Conventions/International Agreements

Aiming to foster growth for India’s nascent artificial intelligence (AI) and machine learning (ML) ecosystem, NITI Aayog and Google have come together to work on a range of initiatives to help build the AI ecosystem across the country and. To focus on training, hackathons, mentoring startups, and providing research grants, a Statement of Intent (SoI) was signed to this effect by NITI Aayog and Google. The NITI Aayog has been entrusted to setup a national programme to conduct research and development in frontier technologies such as AI. In furtherance of this mandate, NITI Aayog has been developing India’s national strategy on AI along with the National Data and Analytics Portal to enable the wide deployment and use of AI. Artificial Intelligence is going to disrupt the way business is done and India, in particular, is uniquely poised in utilising AI to innovate for social and inclusive good. India is embracing future technologies such as machine learning and AI to augment its capacity in healthcare, improve outcomes in education, develop innovative governance systems for our citizens and improve overall economic productivity of the nation. This partnership with Google will unlock massive training initiatives, support startups and encourage AI research through PhD scholarships, all of which contributes to the larger idea of a technologically-empowered New India. Under the aegis of this program, Google will train and incubate Indian AI startups in an accelerator program. These startups will be mentored and coached by Google and its affiliates to enable them to better leverage AI in their respective business models. To help bolster the research ecosystem, one of the initiatives includes funding Indian researchers, scholars and university faculty for conducting AI-based research. Further, Google will also bring its online training courses on AI to students, graduates and engineers to numerous cities across India, in the form of study groups and developer-run courses. NITI Aayog and Google will organize a AI/ML hackathon that will be focused on solving key challenges within agriculture, education, healthcare, financial inclusion, transportation/mobility and more. This hackathon may use Kaggle, a global platform, to help facilitate international participation into these planned hackathon challenges. Google through the NITI Aayog, will conduct hands-on training programs that aim to sensitise policymakers and technical experts in governments about relevant AI tools, and how they can be used to streamline governance.

Google and NITI Aayog will work on the following initiatives

  • Organise trainings for relevant government functionaries to introduce them to open source AI tools with the goal of enabling more effective governance.
  • Awarding grants and scholarships to researchers, scholars and university faculty conducting cutting edge research in the field of AI/ML in India.
  • Organising AI/ML study jams for students and developers based on Google’s Machine Learning Crash Course (MLCC) on the fundamentals of machine learning.
  • Incubating Indian AI/ML startups in a program where they will be mentored by Google to better leverage AI in their respective business models.
  • Organise a hackathon focused on using AI/ML and open data sets to solve key challenges within agriculture, education, healthcare, etc. in India

[Press Release no. 1531504]

NITI Aayog