A Perspective from Nigeria on IPRs and AI: Can Robots have IPRs for Creating or Inventing or Be Sued for an Infringement of IPRs?

A Perspective from Nigeria on IPRs and AI: Can Robots have IPRs for Creating or Inventing or Be Sued for an Infringement of IPRs?

Author by Dr. Ayoyemi Lawal Arowolo

Journal/Publisher: Babcock Universityl Essays On Contemporary Legal Issue

Volume/Edition: 1

Language: English

Pages: 31 - 46

Abstract

Abstract

 

In the era of digital technology, what a man can do, a robot can do and can do better. Due to artificial intelligence (AI), robots are manufactured to produce patentable inventions and copyrightable works.  The creation of AI technology is regarded as an area of intellectual property (IP) which has not been provided for legally. Intellectual property rights (IPRs) are only concerned with humans and not robots. An inventor is entitled to compensation for investment, creativity and inventiveness by granting rights such as patents or copyrights. Conversely, robots created have the ability to create or invent and thus become the author of its work or inventor. Creativity is crucial to copyright protection and it is perceived as a means to stimulate creativity. A work must be original to qualify for copyright protection; ideas are not copyrightable. In the area of inventions, a patent will be granted if an invention is novel, non-obvious and capable of industrial application. There are signs of AI in Nigeria even though it is not a technologically advanced country. A common use of AI in Nigeria is to ask Google vocally on a mobile device to search for music; documents etc. and download such materials or in other situations upload materials which could infringe the rights of copyright owners, duplicate and send to others without permission. This paper seeks to investigate the current legal definitions of creativity and innovation by robots, the ownership of rights where a robot is involved and liability where there is an infringement of IPRs by a robot.

 


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