The Interface of AI with IP in the Contemporary World

The Interface of AI with IP in the Contemporary World

The Post-AI Era

The emergence of the robots is here, and they don’t come as conquistadors. They come as
producers.

For a long time, robotic artists have been interested in different forms of innovative activities.
Computers have been producing crude works of art since the 1970s, but these activities are
continuing today. Much of these computer-generated works of art relied heavily on the
artistic guidance of the programmer; at most, the software was an instrument or medium,
much like paint or palette. But today, we are in the middle of a technical transition that may
force us to reinvent the relationship between machines and the creative process. This change
is underpinned by the exponential advancement of machine learning algorithms, a branch of
artificial intelligence that creates autonomous devices that can train without being directly
programmed by humans.


With the advent of online shopping, the buying process shifted again. Products available to
the market have grown exponentially and, as a result, commodity details and customer
awareness. Also, there’s no filter between the customer and the product; the customer was in
full charge of the buying decision.


The social networking movement created new types of market control, with the “likes” of
families and friends being an essential element in buying decisions. “Likes” became more
relevant, as “outside” influencers such as actors and sports stars joined the scene.
The buying process is influenced by the details available to the buyer and who, or even what
makes the purchase decision. AI affects the information available to customers and on their
buying choices.

Impact of AI on Copyright and Trademark

With the advent of AI apps such as Amazon Alexa, Google Home, user chatbots, AI personal
shopping assistants such as Mona, Amazon Dash, and AI robot assistants such as Pepper, the nature of the buying process is evolving again. In several respects, the advent of AI approvals has meant that the procurement process has returned to the old Victorian model, with some significant variations. The long-term effect of AI on how customers buy goods and services and the effects on trademark law has also been ignored. Many analysts prefer to focus on the impact that AI would have on trademark, copyright, and design law.

Although the use of AI apps by customers is still relatively small, most customers would have
used some AI applications, such as the product recommender systems on Amazon.com and
other online shopping platforms. In this case, the AI program essentially serves as a philtre
between the customer, the product, and the brand, creating outstanding suggestions to the
user based on previous buying decisions.
Ai systems also have significant consequences for who is deemed to be the “ordinary user” in
patent infringement cases and matters of liability.


Most customers should not assign buying choices to AI software such as Amazon Alexa.
However, to the degree that the AI customer (and not the consumer) has access to all
available information on the items on offer, the AI implementation is close to that of a
professional shopper. In that regard, the customer could likely delegate the purchasing
decision to the AI application in full, with the AI application making the decision mainly
based on previous purchases by the user.

Big Data & AI


Writers Ajay Agrawal, Joshua Gans, and Avi Goldfarb referred to the automatic execution
model as converting the conventional buying process of the ‘shopping-then-shipping’ model
to the ‘shipping-then-shopping’ model. Shopping is no longer only “sensitive” to customer
demands; it has become “predictive shopping” in the era of AI.


AI is at the brink of becoming a full-fledged professional just like a salesman standing in a
shop who is trying to show us different products, explain and describe them and even suggest the products based on the current consumer review and other bestselling products. Some say these AI algorithms in such consumer markets are replacing human jobs but no matter what, it is here to stay with the ever-changing and ever-evolving world of humans with that of AI.

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