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IP Rights to AI-Generated Works: Barriers Presented by Existing Law and Reformations Needed


Md. Omar Faruque Munshi1,2* and Sathi Barai1

1Department of Law, Uttara University, Dhaka, Bangladesh; and 2Institute of Bangladesh Studies (IBS), University of Rajshahi, Bangladesh. 

*Correspondence: omarfaruque.munshi@gmail.com (Md. Omar Faruque Munshi, Assistant Professor, Department of Law, Uttara University, Dhaka, Bangladesh).

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ABSTRACT

Previously we have seen computers as only the aiding tools for different human activities. Modern technological development created computers with Artificial Intelligence (AI) capable to perform works autonomously or with the least intervention of human beings. These Ai-generated works resemble human thought-created. The use of AI-capable computers is increasing in different fields of health, commerce, industries, arts, literature, music composition, scientific operations, etc. Consequent to this technological development, the claims for Intellectual Property rights ((IP) like copyrights and patents are being raised by several persons or institutions for the AI-generated works as they are produced with their investment and plan. Such claims raised the legal battle which is now at the peak in the 2020s between the modern necessity and the traditional legal base that conceived only the creative works of human intellect (or mind) are eligible for IP legal protection, and not the work machine-generated. This article attempted to analyze some important legal issues centering the IP to AI-generated works, indeterminacy, industrial and commercial necessity, and finding the legal way out to the emerging issues for granting IP to AI-generated works. 

Keywords: Artificial Intelligence, Intellectual Property Law, Copyrights, Patents, IP to AI, and IP Law.

Citation: Munshi MOF., and Barai S. (2022). IP rights to AI-generated works: barriers presented by existing law and reformations needed. Can. J. Bus. Inf. Stud., 4(2), 37-46. https://doi.org/10.34104/cjbis.022.037046


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