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The Legal Department at UJA is delighted to impart certain legal knowledge as construed under Legal Chronicle to keep the readers aware of the recent updates and developments that revolve around various aspects of the law. Our ultimate goal is to enable our readers to develop a sense of familiarity with the complexities of Indian as well as International Law.
With our proven expertise and knowledge, the Chronicle shall uncover the intricacies of various branches of law like International Law, Labour Law,
Intellectual Property, Alternative Dispute Resolution, Business, and Corporate laws.
In this edition of Legal Chronicle, have analyzed the use of artificial intelligence in the legal sphere and the challenges that its use poses in the legal field.
We hope that this edition creates a sense of enthusiasm for our readers and successfully delivers the plethora of legal knowledge as intended. In case you have any feedback or need us to include any information to make this issue more informative, please feel free to write to us at legal@uja.in
AI, or artificial intelligence, is the simulation of human intelligence in machines programmed to think and learn like humans. It encompasses various techniques such as machine learning, deep learning, and neural networks. AI finds applications across industries, revolutionizing healthcare, finance, transportation, and more by automating tasks, providing insights from vast data sets, and enabling machines to make decisions. From powering virtual assistants like Siri and Alexa to optimizing business operations through data analysis and automation, AI continues to expand, transforming how we work, interact, and innovate. Its potential for innovation and problem-solving is vast, but ethical considerations and responsible development remain crucial in its deployment.
The integration of artificial intelligence (AI) in the legal field has been a subject of increasing interest and discussion. AI technologies are being adopted to streamline various legal processes. enhance efficiency and provide valuable insights. The heightened endeavors of the Indian government to boost the digital economy have elevated AI to a significant focal point in legal and policy discussions. In the 2023–24 union budget of India, the finance minister emphasized the initiative of ‘Making AI in India and Making AI work for India’.
Regarding AI software and algorithms, Their copyright protection in India is regulated by the Copyright Act, 1957. According to this Act, computer programs and software are classified as literary works, making them eligible for copyright protection. Consequently, AI software and algorithms can be protected under the Copyright Act. The Act grants the copyright owner exclusive rights to reproduce, distribute, and perform the software. For AI software to qualify for copyright protection, it must meet certain criteria, including being original, a creative expression rather than a mere idea or concept, and falling within the category of copyrightable subject matter, specifically “literary works. The creator of the software or algorithm must demonstrate these requirements to secure copyright protection. While copyright registration
is not obligatory, it proves beneficial for enforcement purposes.
In the event of infringement, copyright owners in India have the option to pursue civil remedies, such as filing a copyright infringement suit for injunctions, pecuniary remedies, or an account of profits. Additionally, criminal proceedings can be instituted, involving imprisonment, fines, and search and seizure procedures.
Although the AI software itself qualifies for copyright protection as a computer program, a significant challenge arises regarding the determination of the authorship and/or ownership of any works produced by such AI software.
As mentioned above, the Copyright Act stipulates that, for copyright protection to be granted, a work must be original, originating from an author. While the Act doesn’t specify a standard for originality, legal precedents have established that the essential criterion is that the work must exhibit a minimum degree of creativity and should not be a mere result of routine labor. It remains uncertain whether outputs generated by AI tools would meet the criterion of “creativity” if perceived as a simple synthesis of data from existing sources.
According to the Patents Act, a patent application can be submitted by “any person claiming to be the first and true inventor of the invention.” The term ‘patentee’ is defined as “the person entered on the patent office register as the grantee or owner of the patent”. From an interpretation of these provisions, it becomes apparent that, under the current law, only a human is recognized as eligible to apply as an inventor.
The Parliamentary Standing Committee on the “Review of the Intellectual Property Rights Regime in India” has noted that the requirement for a human inventor poses a challenge for patenting innovations induced by AI and machine learning in the field of computer-related inventions. On the basis of this observation, there may be a prospect of further legislative scrutiny of these provisions in the foreseeable future.
The reliance of AI on personal data for making predictions and decisions raises substantial privacy concerns. Despite regulations such as the European Union’s General Data Protection Regulation (GDPR) striving to safeguard individuals’ data rights, navigating the intricate legal landscape at the intersection of AI and privacy remains an ongoing challenge.
One of the foremost legal concerns associated with AI is the challenge of bias. AI systems, drawing knowledge from extensive datasets, may inadvertently incorporate societal biases. Consequently, there is an increasing imperative for legal frameworks to address algorithmic bias, ensuring fairness and impartiality, particularly in critical domains like hiring, lending, and criminal justice.
Determining liability in instances where AI systems make errors or cause harm presents a complex challenge. The unresolved legal issue revolves around whether the AI developer, the user, or the AI itself should be held accountable. Clear lines of accountability and liability are imperative, especially in cases of AI-related accidents or failures. The creative outputs of AI, spanning art, music, and written works, prompt significant questions about ownership. Resolving who holds the rights to AI-generated content and adapting intellectual property laws to accommodate AI innovations are pressing legal considerations.
To effectively tackle these legal challenges and mitigate potential risks associated with AI, there is a consensus that a multifaceted approach involving ethics, laws, and regulations is essential. Governments worldwide are taking steps to introduce legislation regulating AI, exemplified by initiatives like the proposed Artificial Intelligence Act in the European Union. These laws aim to establish clear standards for the development and usage of AI.
At present, there are no specific laws in India with regard to regulating and implementing artificial intelligence. However, to implement a legal regulatory framework for AI, it is crucial to address the following challenges:
India faces challenges in establishing a robust and comprehensive legal framework specifically addressing the various aspects of artificial intelligence (AI). The developing data protection and technology law landscape in India is another aspect that needs to be taken into consideration while establishing a legal framework for AI.
The fast-paced progression of AI technology often poses as a hurdle for the authorities to keep up with the emerging technology challenges. Thus, policymakers find it difficult to implement a framework that can address a vast number of aspects associated with AI.
Bias can affect AI’s ability to provide a just and fair outcome. Balancing the ethical implications of AI, such as bias in algorithms, poses a challenge in creating regulations that prioritize fairness and social responsibility. This is particularly challenging in an economy like India, which has a diverse population.
The development of AI is still at a nascent stage. Hence, policymakers and regulatory bodies do not possess sufficient expertise to understand the intricacies of AI, and this hinders the formulation of effective and informed regulations.
Regulating AI requires collaboration between various sectors, including technology, law, policymaking, and ethics, making it challenging to create a cohesive regulatory approach. As AI transcends national boundaries, it is also essential to take into consideration the global view global view while regulating AI in India. The regulatory bodies have to facilitate collaboration with international standards to address global challenges associated with AI development.
The use of vast amounts of data in AI systems raises concerns about privacy and security, necessitating regulations that safeguard sensitive and personal data. The existing data protection framework is not well equipped to address the implications and impact of AI. Thus, it is essential for policymakers to strike a balance between prioritizing data privacy while fostering innovation and technology.
Given the global nature of AI, international collaboration is paramount to harmonizing regulations and effectively addressing cross-border legal complexities.
AI is evolving rapidly, necessitating consistent monitoring and updates to laws and regulations to keep pace with technological advancements. Regular adaptations are crucial to ensure that legal frameworks remain relevant and effective in the dynamic landscape of AI development.
AI facilitates efficient document review and comprehensive legal research by automating the analysis of large volumes of legal documents, contracts, and agreements, expediting due diligence processes. Natural Language Processing (NLP) algorithms enable machines to understand and analyze large volumes of legal documents, contracts, and case law. This further speeds up document review processes, saves time, reduces human errors, helps identify relevant cases and precedents, and enhances the accuracy of legal analysis.
Predictive analytics tools use machine learning algorithms to forecast case outcomes, assess risks, and provide insights into legal strategies. Predictive analytics help lawyers anticipate case outcomes, assess litigation risks, and make informed decisions based on historical data and patterns.
AI can further analyze contracts, identify key clauses, and even draft simple contracts based on predefined criteria. AI streamlines contract drafting and analysis, offering insights into potential risks and discrepancies and ensuring the creation of legally sound agreements.
AI tools provide decision support by analyzing legal data and offering recommendations to lawyers or judges. It also assists in monitoring and ensuring compliance with ever-evolving legal and regulatory frameworks. AI adoption in legal processes can lead to cost savings, increased efficiency, and improved resource allocation.
Legal professionals must take a proactive approach by not only acquainting themselves with AI tools but also grasping the ramifications of an industry that is increasingly reliant on technology. It is crucial for them to engage in continuous learning, keeping abreast of the latest advancements. Additionally, soft skills such as client counselling, negotiation, interdisciplinary collaboration, ethical responsibility, maintaining and enhancing client relations, acquiring new specializations, and honing courtroom oratory will become even more valuable.
Those legal professionals who actively embrace these changes, acquire the necessary skills, and uphold the fundamental values of their profession will not only successfully navigate this transition but will also play a pivotal role in shaping the future of law in India.
In conclusion, the integration of AI from a legal perspective offers numerous benefits, from improving document analysis to enhancing decision-making processes. However, it also brings challenges related to ethics, bias, and the need for careful consideration of regulatory and legal implications. Striking a balance between technological innovation and ethical considerations is crucial for the successful integration of AI in the legal field.
For legal practitioners in India, the AI revolution entails more than just adjusting to new tools; it involves skillfully navigating the delicate equilibrium between tradition and innovation. The challenge is to synchronize the long-standing principles of the Indian legal system with the transformative potential of technology. In this constantly evolving landscape, one certainty remains: thriving legal professionals are not merely those who adapt to AI, but those who actively contribute to shaping its integration, ensuring that technology aligns with both the literal and the intrinsic aspects of the law.
By bridging the divide between the past and the future, the Indian legal sector is positioned to establish a model where AI doesn’t supplant professionals but rather empowers them. This heralds an era where justice is not only served but also augmented by the capabilities of technology.
Changes to copyright legislation may be required to tackle the distinct challenges presented by AI technology. The legal ramifications of utilizing these tools are likely to remain intricate and unclear until more conclusive laws are put in place.
This document is intended to provide general information and is not intended to be substituted for any legal or professional advice. This document is meant exclusively for informational purposes and not for advertising or solicitation. UJA has made significant efforts to ensure that the information contained in this document is accurate and reliable. However, the information herein is provided “as is” without warranty of any kind. UJA hereby disclaims all responsibility and liability, whether stated or implied, for the accuracy, validity, adequacy, reliability, or completeness of any information provided under this document. In no event shall UJA be held liable for any losses or damages whatsoever incurred as a result of using this document.
