IPR and AI: A Study of ChatGPT and Its Concerns about IPR Infringement

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Swastika[1] and Shruti Raj Singh[2]


The fast growth of Artificial Intelligence (AI) technology has resulted in a number of intellectual property rights (IPR) issues that must be thoroughly investigated. This paper digs into the complex junction of AI and IPR, concentrating on the instance of ChatGPT, an advanced language model built by OpenAI. This study begins with a complete hold of the essential ideas of IPR, which include copyright, patents, trademarks, and trade secrets. Following that, it digs into ChatGPT’s procedures and architecture, offering insight on the fundamental processes which provide its text generating capabilities. Copyright is one of the key issues of IPR violation in the context of ChatGPT. Because ChatGPT creates material that is frequently indistinguishable from human-created content, identifying authorship becomes difficult. This study looks into scenarios in which ChatGPT-generated work might be mistakenly or purposefully ascribed to human writers, resulting in plagiarism and unlawful distribution. Furthermore, the study delves into the patentability of various algorithms or methods used in the ChatGPT architecture. As AI models get more detailed and imaginative, obtaining patents for underlying processes may become more difficult, thereby restricting scientific progress. When evaluating ChatGPT’s design and training data, trade secrets, another aspect of IPR, come into play. While OpenAI has released significant information about the model’s architecture, the technical details of its training data and fine-tuning techniques have not been revealed. This lack of disclosure raises concerns about the protection of commercial secrets and the delicate balance between open research and private interests. The research also looks into the function of trademarks in AI-generated content. It investigates situations in which AI-generated products, services, or information can hold trademarks, blurring the distinctions between human authorship and commercial branding. To address these issues, the paper presents a framework for regulating intellectual property rights (IPR) in the context of AI, with a focus on striking a balance between promoting innovation and preserving the rights of human creators. This framework proposes greater disclosure requirements for AI-generated material, procedures for explicit attribution, and adaptive patent restrictions that take into account the ever-changing environment of AI technology. Finally, the paper emphasizes the need of resolving the IPR concerns brought by AI technologies such as ChatGPT. As artificial intelligence continues to reshape creativity and innovation, an updated IPR framework that balances the interests of creators, developers, and society at large is critical for maintaining a sustainable and productive AI ecosystem.


IPR, AI, ChatGPT, Copyrights, Patents, Trademarks, Trade Secrets and Infringement

[1] Law Student, ICFAI Law School, Hyderabad

[2] Law Student, ICFAI Law School, Hyderabad


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