INTELLECTUAL PROPERTY AND ARTIFICIAL INTELLIGENCE: EMERGING PROSPECTS AND CHALLENGES

The 20th century is remarkably characterized by an increase in inventiveness due to more breakthroughs in science and technology and the emergence of Artificial Intelligence (AI) systems. Recent records show that AI systems, in addition to being an aid in the inventive process, are now capable of making independent inventions using data and instructions inputted by their programmers. Meanwhile, Intellectual property law (IP) ensures that one’s intellectual outputs (labour) is not exploited or annexed by another without one’s consent and approval. However, because AI is not a person and is in fact man’s brainchild, a growing debate in the field of IP and AI has been whether AI can, under IP law, obtain or be granted authorship/inventorship rights over its works and inventions. It is against this backdrop that this paper, while highlighting the milestone achieved by AI, its importance and prospects, evaluates what this challenge means for AI under extant IP laws. The paper concludes by making certain recommendations that would allow for the accommodation of AI within the law.