Artificial Intelligence (AI) and its Implications on Patents

Artificial Intelligence (AI), in the past few years, has seen a profound increase in its media coverage and attention. It is due to the continuous improvements in its capabilities that has nourished its adaptation into various areas. Today, AI has found its applications in many fields, like small to large businesses, automotive industry, healthcare centers, etc.

AI is a technology that focuses on the creation of intelligent machines, which react and work like humans. One of the common activities for which AI-based computers are designed is speech recognition. Some basic technologies that include AI are as follows:

Boolean Search

These refer to algorithms that implement a sort of search, which enables the users to produce relevant results by combining keywords with operators like AND, OR, and NOT.

Natural Language Processing (NLP)

NLP emphasizes AI algorithms that enable computers to comprehend and process human languages.

Natural Language Search (NLS)

NLS comprises AI algorithms that carry out searches by identifying content matching a topic described by the user in plain language.

Machine Learning (ML)

Machine learning refers to a data analysis method that automates the building of the analytical model. With the concept of using algorithms that learn from data, ML allows computers/machines to find out the hidden insights even without being programmed – where to look.

AI Implications on Patents and Intellectual Property

With AI-based machines appearing to have surpassed human performance in many fields such as medicine, automotive, and others, it is expected that the future for AI would impact the ways humans beings work and perform. These predictions led to several debates such as ‘can AI surpass human capabilities,’ ‘is it the best tool used to aid humanity in work,’ etc. Apart from these questions, the implications for the emergence and rise of AI on Intellectual Property (IP) and especially Patents are also subject to debate.

With the advent and advanced functionality of AI in a wide range of fields, this technology may probably be on its way towards creating remarkable tools, approaches, and applications. For instance, the Neural Machine Translation System of Google, at the end of the year 2016, was found to have developed its internal language that represents the notions it uses to translate different languages. Not only this, there are a lot of other examples that showcase the consistent advancements in AI technology. Well, this is only the beginning, because as evidence suggests – AI technology may one day perform with its independent mind and intelligence. All these facts also suggest that AI, due to being the creation of the mind, has major implications for Patents and IP.

IP refers to unique and useful creations of the mind. It is a category of property that comprises intangible creations of human intellect. Additionally, when it comes to patent, this is a type of IP that provides its owner with the legal right to prohibit others from stealing and misusing his/her invention for limited years. But, with this definition that defines IP as a creation of the mind, the term ‘mind’ is left for debate – whether a robot or a human mind. Still, AI can create inventions that should be protected by filing Patent Registration Application. In other words, though the word ‘mind’ is in question, yet AI can create potentially patentable inventions. Hence, keeping this thing in mind, the human beings who so ever create AI technology-based inventions should logically own the patent rights over the same. The owner of AI-related inventions must obtain robust Patent Registration Protection as soon as he/she could. It is recommended because AI is the latest and continuously advancing technology, and therefore, the inventions based on this are highly vulnerable to be stolen, copied, or imported by unauthorized users. For more visit: https://www.trademarkmaldives.com

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Why Cost Barriers to Copyright Access And Use Need to Go?

Copyright, nowadays, appears as the foundation for much of what goes into the knowledge economy. It is not just a way to protect unique creative works from being infringed but also a source of income for a wide range of creative workers. Some writers, composers, etc., get copyright income directly. Nonetheless, others earn by joining a creative network, including publishers, record labels, distribution companies, and others. Being a part of such an ecosystem, they make money by licensing rights under Copyright Law.

But, the fact is that if legal rights can’t be enforced, they don’t help the owner much. In documents, it appears as if the owners of a copyrighted work possess a solid set of rights. However, the reality is a bit different. The copyright, indeed, cost too much to enforce. It is common, and thus, the governments and Intellectual Property Law (IP Law) administrators should recognize that the law needs updating.

They should consider that although copyright assets don’t lead to as many problems as other products do, reinforcing this area, i.e., the knowledge economy is somewhere tied to economic success.

Because of mounting up things like legal advice costs, court fees, IP Attorneys‘ hourly charges, copyright litigation can be very expensive. And then the more threatening concern is the risks of having to pay to other parties if you lose. Take an example of a writer who finds that a large amount of his work has been violated. A report made in 2019 stated that the writers, on average, earn 31 percent of their annual income through writing. For most, if not all writers, enforcing their copyrights in cases where their work has been infringed upon will be prohibitive. The same also applies to small businesses and many others.

Sometimes, the only option writers and small businesses have is to put up with Copyright Infringement, in addition to the possible loss of income.

Another case to consider is that people often want to use material sheltered under Copyright Registration Protection but are not familiar with the way to go about clearing rights. The Copyright Act undoubtedly has many defenses and exceptions regarding this matter, but they may be arduous to comprehend. Many times, it is unclear whether the proposed use of copyright-protected material is lawful or not. Indeed, this is a common issue for cultural institutions such as galleries and museums.

Copyright owners often grant permission or give license but, if they don’t, then there can be a legal deadlock. One option that may be helpful in such cases is to knock the Court’s doors. But again, costs act as a barrier and prevent the public from getting the benefits of creative work or activity. IP Lawyers in Maldives and almost every nation call this an “access to justice” issue.

This concern, which is not just a copyright issue, impacts the IP industry in several countries of the world.

Although including some glitches, copyrights are still leading to the emergence of innovative solutions worldwide. Hence, to make the world enjoy continuous and better new creations, it is vital to turn all this good work into a meaningful and useful asset. For this, the government and authorities taking care of Copyright Law in Maldives and outside need to ensure that the rights can be utilized by the creative workers, cultural institutions, small businesses, and all for whom these matters. They should also make sure that the costs do not create barriers in the process of accessing copyright justice.

Almost everyone agrees that copyright law needs to be turned fit for purpose in the modern digital economy. Therefore, many IP experts have already started working on this subject matter and finding ways to improve the Copyright Acts of different nations. For more visit: https://www.trademarkmaldives.com

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Baidu Files Patent Application for ML-based Audio Synthesis Ownership

By catching the attention and likes of Tencent and Huawei, Baidu has topped as the leading artificial intelligence (AI) Patent Application leader. Apart from this, Baidu (with 1,237 patent applications) is also leading in the highly competitive area of intelligent driving, as many reports stated.

Victor Liang, Vice President & General Counsel Executive Assistant to CEO at Baidu, said that they retained the top position for AI-related patent applications in China because of their:

  • Constant investment and research in developing AI
  • Strategic focus on patents

After years of research and development, Baidu has now developed a comprehensive AI ecosystem, and therefore, is at the leading spot of the AI industry worldwide.

Patents focused and filed by Baidu encompass a wide range of domains, including:

  • Deep learning (1,429 patents)
  • Speech recognition (933 patents)
  • NLP – Natural Language Processing (938 patents)

While Baidu acquired top position in China, its R&D center located in the US had filed patent applications in the US patent office also.

In this patent US20190355347A1, which is for a computer-implemented method to train a neural network model for spectrogram inversion with the title – Spectrogram to waveform synthesis using convolutional networks, Baidu lists the following points:

  • Inputting an input spectrogram, including many frequency channels into a CNN (convolution neural network).
  • Outputting a synthesized waveform from CNN for the input spectrogram, which has a corresponding ground truth waveform.
  • Using the synthesized waveform, the corresponding ground truth waveform, and the loss function, consisting of at least one or more loss components opted from convergence loss spectral.
  • Using the loss to update the CNN.
  • A clear mention of using the CNNs (convolutional neural networks).

As CNN is the lifeblood of several contemporary ML-based applications, any claim, even on a small part, can create damages in the long run.

The current year has witnessed a sudden and rapid growth of interest in owning algorithms and deep learning. So, even if the plans are to protect the researches from falling prey to pseudo players, this trial appears as a slippery slope where owners of big businesses can leverage the smaller companies that are using advanced technology.

In Baidu’s case, too, there lie risks of losing ownership to various audio processing applications. Contributed to the increasing fear among the ML community, Baidu is a Chinese company. The Artificial Intelligence (AI) vision of this company was fortified with projects such as Apollo, which is an open-source independent driving platform together with many other intelligent driving innovations.

China has allegedly been found involved in Intellectual Property (IP) thefts, especially from US companies. Hence, when Baidu’s foreign division files a patent application, one cannot assist but think about the consequences of handing the ownership to China that continued to be the world’s leading source of fake goods, exhibiting its failure to take crucial action to restrain the widespread manufacture, sale, and export of bogus goods. For more visit: https://www.trademarkmaldives.com

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All About the Trademark Registration in Maldives

A trademark is a type of Intellectual Property (IP), which includes a logo, brand name, or sign that can distinguish your products and services from those of others. Hence, Trademark Registration in Maldives or at any place is one of the best and legal ways to restrict others from using your unique mark. For instance, the logo of NIKE and its tagline JUST DO IT are registered trademarks, and therefore, cannot be used by any unauthorized user. In other words, no one can use this logo or tagline without the consent of the original owner.

A Registered Trademark can benefit the owner in several ways. For example, it reduces the chances of theft and misuse of original assets, creates the brand reputation and goodwill among the targeted customers, etc. So, we can say that trademarking your logo, sign, or name is an excellent means to enjoy remarkable advantages like:

  • Robust Trademark Registration Protection that keeps your assets secured against infringement
  • Better sales of your products and services by creating goodwill among consumers.

In view of the above merits, it is always recommended (even by the experienced IP Attorneys) to go for trademark registration as soon as you could. Nonetheless, trademark laws are country-specific, i.e., different nations have different laws. For instance, the Trademark Law of Maldives may not possesses the same rules as Trademark Law in India does. Hence, before proceeding to register a trademark, it is better to comprehend the law according to the country where you want to do so. Here, in this article, we will discuss the trademark registration in Maldives.

Indeed, there is no specific legislation that governs the Trademark Registration Process in Maldives. Here, the question arises – if there’s no specific law governing registered trademarks in Maldives, then how do people secure their trademark rights. And the answer is – the protection of trademarks in this country is obtained by the publication of the Cautionary notice in the newspaper in English or local language.

Trademark Registration Proceedings

As discussed above, the Trademark Protection in Maldives is acquired by publishing a cautionary notice in the leading newspaper. This notice can be published for multiple classes or a single class. The application can undoubtedly include products and services in any number of classes, but for each additional class, the applicant needs to pay additional charges. Power of Attorney isn’t required. The entire procedure to acquire trademark protection by using Cautionary Notice in Maldives may take around 2 to 4 weeks.

Although this procedure to obtain trademark protection doesn’t include filing, advertisement, and examination, the following information regarding the mark needs to be involved in the cautionary notice:

  • Name, status, address, and nationality of the proprietor
  • If the mark is a logo, then JPEG image of the same
  • Classes and specifications of relevant products & services.

Note that there is no limitation to the size of the cautionary notice.

Trademark Registration Duration and Renewal

Due to the lack of trademark law, the protection of trademarks in Maldives is obtained and used under common law, i.e., cautionary notice. Accordingly, there is no rule for the duration and renewal of trademarks. Nonetheless, the re-publication of the cautionary notice is recommended every two to three years.

Publishing a cautionary notice as per common law in Maldives is a way to make the public aware of the original owner’s ownership on the mark. Thus, the same can assuredly be brought to the Court in the case of Trademark Infringement. Hence, if you desire to enjoy the benefits of doing business in Maldives without any fear, cautionary notice is the safest and fruitful way. Be confident and go for this easy-to-get-protected option now. Nevertheless, if you face any difficulty or have any doubt, feel free to reach an experienced Trademark Attorney or Intellectual Property Law Firm in Maldives. These are the professional helping hands that will serve you with the best possible aid. Because of being familiar with almost everything to be used or avoid for ensuring robust trademark protection, they will keep you away from issues like the rejection of your request, infringement upon or violation of your mark, and many more. For more visit: https://www.trademarkmaldives.com

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Nokia Suspends Legal Action Against Daimler With Mediation Offer in Patent Row

Nokia, the Finnish Multinational Telecommunications and Consumer Electronics Company, has recently suspended legal action against the German carmaker Daimler with the hope that mediation will bring their dispute over the technology licensing fee to an end. Nevertheless, Daimler responded to this decision by Nokia in a cool way and iterated that the two companies had different legal opinions on the conflict.

Nokia’s pursuit of charges from Daimler has highlighted the wider fight amid tech companies and the automotive industry over royalties for tools and technologies needed for vehicle communications, navigation systems, and self-driving cars.

Daimler, along with Continental AG, Valeo, Thales-owned Gemalto, and Bury Technologies, complained to the European Commission (this year, i.e., 2019) about the fees demanded by Nokia from them for patents associated with car communications.

In recent years when Nokia has inaugurated ten (10) court cases against Daimler over Patent Infringement, Daimler has also declared lawsuits against Nokia.

Nokia, on 9th December 2019, said that constructive negotiation was the most suitable way to resolve such battles, emphasizing last week’s offered mediation as an effort to evade an EU antitrust investigation.

Nokia spokesperson Mark Durrant said that to make sure there is time for this recent mediation to be successful, they have decided to postpone the pending Court hearing to be held on 10th December in Germany. They have a belief that Daimler and its suppliers will now join them in these significant efforts to reach settlements. There is a lot more to gain for each if all work together, he added.

Daimler reiterated its previous stance and declined to comment on this move of Nokia. The German company said that they have a completely different opinion on how to license necessary and vital patents for communications standards in the car industry. The Carmaker added that Nokia has so far denied licensing their suppliers on a comprehensive basis.

Nevertheless, Margrethe Vestager – EU antitrust chief – welcomed the mediation efforts by Nokia. She said that the decision to postpone Court hearing was a positive move. That’s why they think it is good to attempt mediation at the International Chamber of Commerce, and it would be best if the parties could have a mutual understanding, she told reporters.

Nokia has also proposed mediation on licensing fees with several car parts makers rather than only Daimler.

Carmakers argued that instead of them, the car parts makers should look at the licensing fees and that patent holders must be open to negotiating with the companies interested in purchasing or using their patents.

Sources revealed that EU competition enforcers had been poised to investigate into this matter until Nokia made mediation offer.

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Amendments Made to Canadian Trademark Law on 17th June 2019

Countries, no matter whether to strengthen the existing trademark protection or to include additional rules, often bring changes in their trademark laws. Almost all of us know how crucial role the trademark law plays in the protection of Intellectual Property (IP) assets. By providing relevant and robust trademark rights, it helps the owners in not just preventing unauthorized users from using their unique creation but also creating goodwill among customers. However, to obtain expected results, it is crucial to stay up-to-date with the reforms made in such laws and their corresponding rights. Here, in this article, you’ll be going to get updated with the recent changes in the Trademark Law of Canada.

  1. Availability of Madrid Applications

Canadian applicants from now would be able to file the Trademark Applications in over eighty (80) countries worldwide just through a single international filing. With this new opportunity, it will be easy for Canadian applicants to manage their international trademark portfolios.

Similarly, applicants from the Madrid Protocol nations will be able to designate Canada in not just their International Trademark Applications but also existing Madrid registrations. Moreover, the incoming protocol applications would charge similar to the national applications – as per the Canadian Intellectual Property Office (CIPO).

  1. Increase in Filing and Renewal Fees

Filing Fees

Previously, CIPO tends to charge a fee of $250 for filing a trademark application encompassing any number of classes of products and services, along with $200 as the trademark registration fee. Nevertheless, to apply for a trademark after June 17, the applicant has to pay the filing fee of 330 CAD for the first class of products or services, along with 100 CAD for each additional class of products or services. For all these applications, the trademark registration fee is eliminated.

Renewal Fees

The renewal fee has been increased to 400 CAD from 350 CAD for the first class of products and services with an additional 125 CAD charges for each new class of products and services.

  1. Declarations of Use Is No Longer Required

After 17th June, Declarations of Use is no longer required for Trademark Registration in Canada. Note that this change applies to not just applications filed after June 17 but also applications pending as of this date. It means that all the applications filed before June 17, 2019, can proceed to trademark registration in Canada (once the opposition period expires) simply with payment of registration fee, without filing the Declaration of Use.

  1. Information Regarding Use Is No Longer Needed

Applicants filed the trademark applications on or after 17th June need not indicate whether he/she has previously used the trademark in Canada or abroad. In other words, the applications filed on or after this date are applicable to get approved even if they do not tell whether the concerned applicant has registered and used the Trademark in Canada or foreign countries.

  1. Nice Classification Appears Mandatory

As per June 17th amendments, all the new applications must be filed with Nice classifications. Moreover, the pending applications that have not yet advertised for objection/opposition purposes must be classified. Note that for unclassified registrations, the CIPO will request the Nice classification upon renewal.

Although this requirement of the Nice classification is expected to bring Canada more in line with the international norms, it does not mean that CIPO will become lenient in its practice of reviewing goods and services descriptions. All the goods and services must still be adequately specified under stringent standards set by CIPO.

Are You Getting Ready for Trademark Registration under Amended Law?

In the days after the reforms came into force, you as an owner, who’s looking for trademark registration in Canada should emphasize taking immediate steps, based on appropriate and up-to-date information. It will help you in saving costs in processes like filing multi-class applications, renewing multi-class registrations, etc. Besides, you must also think about streamlining your portfolio management. You should focus on using the Madrid international filing system and filing applications for non-traditional and international trademarks. For more visit: https://www.trademarkmaldives.com

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How’s the Patent Application Process in India Affected by 2019’s Amendments?

The Indian government, along with administrators and several Intellectual Property Law Firms in India, has recently taken a considerable step to motivate inventors to get involved in more and useful inventions. With this welcome move by the concerned authorities, the Patent Application Process in India has become not just cheaper but easier as well.

The Patent Amendment Rules 2019, which came into force on 17th September, reflect the below-given four major changes: 

  1. Submission of Original Documents Only Upon Request

Although the Indian Patent Office in 2016 had dismissed the requirement to provide hard copies of the patent forms and specification while applying for Patent Registration in India, certain documents were still needed to be submitted at the IPO in their original form. Some such documents include the Power of Authority, verified English translations of Priority and PCT documents, etc.

Under the unamended rules, the applicants need to submit the original documents at the IPO within 15 days from the day of their online submission. Nonetheless, as per the rules amended in 2019, the applicants no longer have to do so. They can file their duly authenticated documents only by electronic transmission. The exception where original documents are required to be submitted within fifteen (15) days of a request is if the IPO asks the applicant for the same.

  1. Women and Many Others Can Enjoy Expedited Examination

In 2016, the government added the Patent Application Process in India with the provision of expedited examination. Under the unamended rules, this provision had limited the number of applications to be examined within twelve months, i.e., the expedited period. Moreover, it was open for only two categories of applicants, including:

  • Start-ups,
  • Applicants who mention India as an International Searching Authority (ISA) or an International Preliminary Examining Authority (IPEA) in their applications

The amended rules concerning the provision of expedited examination have come up as a beneficial change for many other applicants, like:

  • Small entities
  • Female applicants
  • Government entities, such as:
  • Different government departments
  • Institutions wholly or largely financed by the government
  • Institutions established by the Central, Provincial, or State Act
  • Government companies as specified in Section 2(45) of the Companies Act, 2013
  • Applicants who are suitable to process patent applications compatible with agreements amid IPO and a foreign Patent Office.
  1. Form 28 Needs to be filed

As the amended rules say, the start-ups now have to submit documents supporting their start-up status along with Form 28, each time whether they file a request, form, or document at IPO. The filing of such documentary evidence claiming start-up status will prove helpful in ensuring that the applicant is eligible for claiming the suitable deduction in the fee.

  1. Zero (0) Transmittal Fee

As discussed above, the amended rules have made the Patent Application Process in India easier as well as cheaper. Under these rules, the previously applicable transmittal fee for PCT applications at the IPO through the e-filing module has been abandoned. Additionally, the applicants don’t have to pay fees for the certified copies of priority documents and their e-transmission by the WIPO Digital Access System (DAS). Even the costs for filing PCT and convention applications have been reduced.

Before 2019’s amendments, i.e., under unamended rules, the applicants were required to pay a transmittal fee of INR 3200 for start-ups, INR 8000 for small entities, and INR 16,000 for corporates. Furthermore, fees of INR 1000 for start-up, INR 2500 for small entities, and INR 5000 for corporates for receiving a certified copy of a priority document with around 30 pages were applicable under unamended rules.

Wrapping Up:

These recently amended rules will undoubtedly be going to increase the number of patent filings in India as they are providing opportunities to women, small entities, etc., in addition to those who are eligible to file patent applications and get Patent Registration in India before amendments. Moreover, these ensure easier and cheaper patent application process that ultimately buzz off the applicants’ hesitation, thus making them confident to file their applications without any worry. Hence, we can say that this welcome move by the government of India will benefit not only the people but also the nation. For more visit: https://www.trademarkmaldives.com

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CII Reports Intellectual Property Can Be Valuable Collateral for Financing

The 5th edition of CII’s (Confederation of Indian Industry) flagship annual Intellectual Property (IP) conference focused on creating IP-led technology for a $5 trillion economy has recently released a report showing global examples to represent the virtues of using IP as collateral for financing.

Visualized by CII and co-created by Duff & Phelps, the report said that being the third-largest economy for start-ups in the IP industry, including technology and pharmaceuticals, India is standing at the verge of IP revolution. Although the government initiatives like the release of the National IPR Policy in 2016 to spur interest in Intellectual Property Rights (IPRs) commercialization have been institutionalized, India’s IP financing process is still quite slow.

What are the reasons for the slow pace of IP financing In India? As the report said, unwillingness to treat IP as a business asset, challenges in IP licensing, lack of uniformity in the valuation of IPs, insufficient market, and legal infrastructure to monetize IP assets are some of the main reasons for the slow pace of IP financing in the country.

What is IP-backed financing? IP-backed financing refers to the approach of using IP assets to achieve access to credit. Nowadays, more and more MNCs (Multinational Corporations) and SMEs (Small and Medium Sized Enterprises) are selling their IP assets in exchange for finance. Besides, lending institutions worldwide are considering IP as collateral while extending loans. In general, IP assets are used to secure asset-based loans. However, if collateralized, then they can be used to increase the available credit. Note that in the cases where borrowers guarantee their IP, no matter patents, trademarks, or copyright, as collateral, the collateral pool upsurges in value and potential for a successful loan. In simple words, with ideas and innovations emerging as the key driver of the businesses, financing base that supports the IP’s commercialization is remarkably crucial.

Mr.Arvind Thakur, Chairman, CII National Committee on Intellectual Property & Senior Advisor to the Board, NIIT Technologies, while commenting on the report, said that using IP as collateral will help the industries and banks to develop a good understanding of the subject matter and gain profits.

He continued by saying that according to CII’s belief, IPRs should be at the central stage for competing in the world of Artificial Intelligence (AI) in a meaningful way. Moreover, it is expected that this would open new scopes of financing in India.

Following Mr.Arvind, Aviral Jain, Managing Director Valuation Advisory Services and Co-Head, Restructuring, Duff & Phelps, said that the nation needs to have a mechanism for obtaining financial support and a robust marketplace. India can take lessons from IP friendly nations such as Korea and Singapore that have taken steps to create an IP financing ecosystem. The schemes introduced to flourish the IP sector in these countries benefit SMEs, Start-ups, and even lending institutions.

Other Key Findings of this Recently Launched Report Are As Follows:

  • When the regulatory environment is emerging globally, and initiatives to give impetus to IP-based financing are underway, economies like Singapore display a sophisticated regulatory environment and a robust infrastructure for IP financing.
  • Over the past five years, IP financing transactions in areas where IP is used as collateral have declined globally.
  • There’s an increase in global PE (private equity) funds that are not just investing in IP-based companies but also helping to protect IP in certain situations. For more visit: https://www.trademarkmaldives.com

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TCS Reports Current Patent Laws Are Inadequate for AI-related IP

Tata Consultancy Services (TCS), India’s largest software exporter in association with the Confederation of Indian Industry (CII), has recently reported that despite the evolution of Patent Laws in India and abroad, the increasing proliferation of artificial intelligence (AI) across the world requires new policies for Intellectual Property Rights (IPRs) enforcement.

The report found that the current patent laws treat AI software-based inventions as logical algorithms implemented in the computer systems. Although patent eligibility of algorithms is valid, there is not enough about how to handle inventions with heuristic nature.

What is Heuristic?

In AI, heuristic refers to a technique to solve problems faster than the classical methods. The report cited that AI software is no longer bound to traditional rule-based systems, and in fact, has increasingly turned heuristic, thus showing higher intelligence over classical systems.

The report explained that as per the current patent laws – someone, typically a natural person (in legal terms – an individual instead of one associated with a public or private body) who only applies the logic to make anything workable cannot be an inventor.

It also clarified that machines are frequently deriving solutions to problems autonomously or in conjunction with a natural person, thus bringing the definition of a ‘natural person’ in question. Besides, it emphasized that this issue needs to be addressed by state laws and enterprises. Moreover, data-privacy and data-ownership issues, which would have severe legal implications, are other aspects that require fresh debates.

The report further noted that in the global ecosystem involving multiple players, data is not just accessed but also moved across jurisdictions many times. The data ownership holder or the data owner or the AI scientist who owns the IP rights on an invention is at the forefront of the debate.

It then revealed that AI is helping to develop new mechanisms and doctrines for future IP ecosystems. As the study recommended – the present administrators of Intellectual Property Right in India and outside have to address the IP management at three levels.

  • At the data level: In the form of access to accurate and high-quality data
  • At the IP system level: For enabling the IP systems with AI-based solutions
  • At the people level: To empower people to realize the merits of AI in the IP domain.

At last, the report informed that IBM, Microsoft, Toshiba, Samsung, and NEC were the top five patent applicants. Nonetheless, the Chinese Academy of Science (CAS), dealing in deep learning (DL) with 235 patent families, held the largest patent portfolio worldwide – the report found. For more visit: https://www.trademarkmaldives.com

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Why Intellectual Property Law in South Africa Needs a Revision?

Like many other nations, the immense umbrella of Intellectual Property Law in South Africa (SA) also encompasses the legislation that involves patents, trademarks, industrial designs, and copyright protection. Intellectual property (IP) refers to intangible assets that are created through human intellect. Although beneficial to the owner (creator/ producer) in many ways, these IP assets are vulnerable to exploitation by third parties and should be protected by a powerful means. IP law is one of the best ways famous for protecting intangible IP that can hold immense value. It is a crucial source used to restrict the unlawful use of inventors’ unique assets, and thus, ensure the Intellectual Property Protection in South Africa and other regions worldwide.

Another main objective of the administrators, attorneys, etc., taking care of the IP law in South Africa is to encourage the creators to create more and more intellectual goods. Unfortunately, as the Intellectual Property Rights (IPRs) provided under the IP law allow the owners to prevent others from using their assets, they often confer negative rights. Hence, it is essential to revise the IP law in South Africa to ensure that people seeking access to healthcare shouldn’t be denied healthcare lifesaving drugs.

One considerable fact about IP law in SA when it comes to the healthcare area is that the granted IPR, i.e., patent enables the pharmaceutical companies to prohibit others from manufacturing and selling the same medicines. The patent, no matter whether for the protection of medications or anything else, lasts for around 20 years in most of the nations globally. It bestows the companies with a monopoly to determine and set the price of medicines produced by them on their own. The highly-priced drugs often push the people in desperate and fatal situations, thus making it vital to revise the Patent Law of South Africa that lead to the granting of excessive licenses fueling pharmaceutical monopolies.

Measures South Africa is Taking or Should Take

Concerning the call to revise IP law in SA and several other nations, the World Health Organization (WHO) has provided some rules and stated that the public health principles related to access to medicines are sustained by the Constitution of WHO along with a wide range of national and international legal policies. Besides, Intellectual Property Rules from the human rights viewpoint must be supervised under principles supporting not just the public health goals but access to medicines as well.

Still, several pharmaceutical firms focus on monopolizing the production of drugs, especially for TB, cancer, and hepatitis C that are the most leading cause behind deaths in SA, only for making profits.

A physician named Dr. Eric Goemaere, who introduced HIV treatment in SA in 2017, said that the treatments for HIV and cancer are very complicated and expensive. That’s why people are afraid of even looking at them. The most disconcerting thought revolves around the resistance put up by big pharmaceutical companies on the creation and availability of these treatments when the patient is dying. The Treatment Action Campaign is the biggest organization that came up to provide relief in such instances by ensuring that all people in South Africa can access suitable medical treatment. By making the large pharmaceutical firms grant licenses to small companies for manufacturing generic ARV (antiretroviral) and numerous other relevant things, it ensures that the appropriate medical facilities are available to all South Africans.

No doubt that the rapidly advancing technology has provided us with numerous new medicines and antiretrovirals, but the concerning fact is that all these are very expensive. Hence, it is recommended that the government, pharmaceutical organizations, and IP Attorneys in South Africa should work on new research and development (R&D) models to delink the cost of R&D from the total cost for drugs or treatments. South Africa should likewise think about the approaches for incentivizing R&D through cash prizes, grants, and more, instead of supporting patent monopolies leading to excessive pricing. The nation should also advocate worldwide leadership by funding people for initiatives like researches. It even needs to invest in the development of drugs for the future rather than just thinking about the intellectual property market in South Africa or outside.

Ordinary People of South Africa

For ordinary people in South Africa, the present scenario means that they can anytime face the situation when it will be essential for them to get unaffordable medicines that are secured under patents preventing other manufacturers from coming up with an affordable alternative. It also means that human rights, constitutional rights, and health are commodified, allowing firms with patents to deploy human sufferings for extracting profits. In short, it suggests that the right to access to health for common residents of South Africa is being undermined, and therefore, the nation needs to think about – of course – the difficulties related to IP law, but while emphasizing the violation of human rights. For more visit: https://www.trademarkmaldives.com

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