Protecting and Enforcing IP in New Digital Ecosystems
Tasnuva Shelley
6/10/20243 min read
The digital landscape is always evolving with new cutting-edge technologies. The advancement of artificial Intelligence (AI), blockchain, and other digitalization are unlocking exciting possibilities, while also challenging the established principles of Intellectual Property (IP) protection and enforcement. With the rise of social media platforms and e-commerce websites, the ease of access and convenience provided an opportunity for individuals to sell fake goods at prices that are significantly lower than their authentic counterparts. This not only harms legitimate creators but also poses a risk to consumers who might unknowingly ingest substandard or even harmful imitations. To address this concern, nations like Indonesia have bolstered their intellectual property defenses through strict legislation. A prime example is Law No. 28 of 2014 on Copyright, which strengthens protections for creators in the digital age by outlining stricter penalties for infringement and establishing clearer procedures for online enforcement.
The rapid advancement of generative AI necessitates a more in-depth analysis of Intellectual Property Rights (IPR) issues. Addressing whether an AI entity can be categorized as an inventor or author has sparked significant discussions about the ownership rights related to its creations. There is a growing concern about copyright infringement by generative AI. Since the only role of the user is to input data, the question then arises of who shall be held responsible if the output is accused of having infringed a third party’s copyright. To address this issue effectively, national laws of countries as well as multilateral bodies must take a proactive role. By implementing specific regulations that can differentiate patentable inventions from mathematical formulas or natural occurrences, a more equitable legal framework for IP protection can be established. Achieving this equilibrium is vital for sustaining a patent framework and these core issues need to be addressed through legal structures to bring legal certainty and equity into intellectual property rights within this evolving environment. Presently, the issue hinges on the concept of authorship, emphasizing the significance of finding a middle ground that encourages innovation incentives while ensuring the protection of the creator’s rights to sustain the advancement of a conducive digital environment.
The Government of Bangladesh is making strides to keep up with the rapid pace of technology by drafting a comprehensive National Strategy for Artificial Intelligence. This draft policy emphasizes the importance of key areas such as data sharing, data privacy, and AI security. Furthermore, it focuses on the need for skill development and capacity building among teachers in the education sector to prepare for an AI-driven future. The strategy also outlines plans for setting up an AI lab, implementing a predictive intelligence system, and developing AI-supported legal solutions. Recognizing the growing influence of AI in various sectors, the draft strategy emphasizes the necessity of comprehensive guidelines for educational institutions to utilize AI tools effectively. The technical nature of AI calls for stronger multilateral cooperation to enhance national laws related to AI, as existing laws may not fully encompass the advancements in AI technology. Due to the complexity involved, many IP-related issues are currently resolved through contractual agreements, highlighting the need for more robust legal frameworks for AI-related matters.
Hence, the question remains what necessary element the government should consider to enhance IP protection that relates to the development of AI? What is required for the development of IP laws related to AI?
Harmonization of IP laws: International collaboration is paramount in creating a unified framework for IP protection and enforcement that fosters innovation across borders. It is widely acknowledged, as in most technological advancements, that few nations are driving the AI industry while others are falling far behind. However, for holistic growth, recognition, and enforcement of AI-related inventions, the laws need to be harmonized across borders.
Ethical considerations: As AI becomes increasingly sophisticated, it's important to have ethical guidelines in place to ensure responsible development and use. This includes addressing challenges related to AI-generated content and potential copyright infringement. Ethical frameworks should also consider how AI development respects and protects pre-existing intellectual property used to train AI models.
Awareness and infrastructure gaps: Having a limited understanding of IP laws and enforcement mechanisms poses a significant hurdle to effective protection for AI-generated works.
Data privacy conundrum: Balancing data privacy regulations with the needs of AI development necessitates innovative solutions. Bangladesh is moving forward with data privacy protections. A key example is the draft Data Protection Act 2023, which outlines regulations for how personal information is collected, used, and stored by organizations.
Existing IP laws need to adapt to address the unique nuances of AI and its impact on intellectual property. The law needs to be formulated and updated in line with technological advancement. Currently, similar to many countries, there are no laws in Bangladesh directly addressing the use of AI and the significant threat it brings to academic integrity in the existing legal frameworks of Bangladesh. However, given the ever-evolving nature of innovations in today's virtual sphere, these regulations must continuously evolve and the legislators must keep pace to ensure the protection and enforcement of IP to prevent theft, foster creativity, drive progress, and uphold the integrity of intellectual property rights in an ever-changing technological landscape.
Tasnuva Shelley is an Advocate at the Supreme Court of Bangladesh. She is the Founder & CEO of Legalized Education and the Head of Chambers, Justicia Legal Minds.