Critical Analysis of Intellectual Property Law and Artificial Intelligence

In the field of intellectual property law, one of the key areas of development which has gained popularity is the interaction between artificial intelligence and intellectual property rights. The main objective of intellectual property law is to encourage and promote innovation, creativity and investment in research and development. The ownership, protection and enforcement of intellectual property in artificial intelligence generated material and innovations are becoming more complicated as artificial intelligence tools create, analyse and manipulate massive volumes of data. Artificial intelligence generated ideas patentability involvement in the inventive process and inventorship requirements are all debated under patent law. Artificial intelligence created artworks, literature and music are difficult to identify and own under copyright law. Thus a pertinent question which arises is as to invention by artificial intelligence, who in the application for protection under intellectual property right should be named author/inventor, the artificial intelligence system or the user of artificial intelligence system or the company/person responsible for the development of artificial intelligence system? Policymakers, lawyers, legal scholars around the world face several difficulties and opportunities at the interaction of artificial intelligence and intellectual property rights. The paper aims to critically analyse the impact of artificial intelligence on innovation in the field of intellectual property rights.