INTRODUCTION
Intellectual property (IP) refers to the legal rights that are granted to individuals or organizations for their creations or inventions. These rights cover Copyright, Trademarks, Related Rights, Geographical Indication, Industrial Design, Patents, Trade Secrets, Traditional Knowledge and Traditional artificial expressions and Genetic resources.
Artificial Intelligence generally known as “AI” is the theory and development of computer systems capable of performing tasks that historically required human intelligence, such as recognising speech, making decisions, and identifying patterns.[1], AI is considered a discipline of computer science aimed at developing machines and systems that can carry out tasks that require human intelligence.[2] AI is a simulation of human processes by machines, especially computer systems, and requires a foundation of specialised hardware and software for writing and training machine learning algorithms[3]. Unlike in typical computer systems where the computer converts information which has been fed to it through the human interference through manual imputation of data, AI simply analyses data and model its processes and output after such learning and have consequently been seen to automate tasks and also arguably known to perform much better than humans.
AI has been projected to impact top industries such as the telecommunications, manufacturing and banking and financial services in the future[4]. Indeed, with an increasing level of AI impact in these evolving industries, more innovative trends which will revolutionize creativity as we know it are bound to emerge. A necessity of technology on one hand and the need to embrace new learnings on the other hand raises concerns on intellectual property protection available in the wake of AI and creatives industry in Nigeria. This article explores the various aspects of protection available and what protection will be most beneficial under the current regime.
AI AND IP PROTECTION
- PATENTS AND DESIGNS
One key aspect of protecting IP in AI is through patents. Patents grant inventors exclusive rights to their inventions, preventing others from using, selling, or reproducing their creations without permission. The registration and protection of Patent is recognized in the Patents and Designs Act, under the office of Federal Ministry of Trade and Investments. The Nigerian Trademark Patent and Designs Registry is responsible for granting patents in Nigeria. Here, the right to grant a patent is vested in the statutory inventor, who is ‘the person who, whether or not he is the true inventor, is the first to file, or validly to claim a foreign priority for, a patent application in respect of the invention.[5] AI technologies themselves are protectable as patents, so long as they meet the conditions of newness, inventive step and industrial applicability. It is advisable for companies to register the name, logo, or tagline (or a combination of these) of the AI system or device as a trademark at the Registry. The question is who should hold the patent for an invention when AI is used in generating or concretizing innovative ideas or processes?
- COPYRIGHT PROTECTION
Another important consideration in the intersection of IP and AI is copyright. Copyright protects original works of authorship, such as software code or written content. In the context of AI, copyright can be applied to the algorithms and datasets used to train AI models, such as, Supervised Learning Models, reinforcement learning Models, computer vision models, etc[6]. Traditionally, only humans can enjoy copyright protection over their creations. AI cannot acquire any rights in any work created by it under the current IP regime, as the Copyright Act 2022[7] does recognise Artificial Intelligence as a person.
However, determining the ownership of copyright in AI can be complex, as AI systems are often trained on vast amounts of data from various independent sources. The current Copyright Act[8] is silent on the protection of AI-generated creation. However, the lines of code that form the AI algorithm can seek copyright protection, and ownership vests in the author of the code automatically once it is published.
THOUGHTS
AI on its own is non-juristic, and Nigeria lacks a formalised policy[9], therefore can AI itself be named an inventor on a Nigerian patent? This question is yet to be addressed in any Nigeria Court or the Patent Registry. The Director General of WIPO, Francis Gurry, while speaking on the role of AI in emerging economies, conceded that AI will have a profound impact on the world and went on to make a case for the creation of additional layers of IP laws to accommodate emerging challenges. According to him, “From a purely economic perspective, if we set aside other aims of the IP system, such as ‘just reward” and ‘moral rights’, there is no reason why we shouldn’t use IP to reward AI-generated inventions or creations. But this still requires some thought. The answers are not yet clear.”[10] These precipitate that recognition of an AI innovation may arguably be tied to persons known to law for subsistence and enforcement validity. According to Statistical[11], AI adoption is limited in Nigeria compared to other African Countries such as like Mauritius, where the Bank of Mauritius has launched a regulatory sandbox to promote fintech solutions incorporating AI. Also, the Egyptian government has launched several initiatives to promote the adoption of AI. In 2018, the Ministry of Communications and Information Technology launched the “Egypt AI Strategy” to develop the country’s AI capabilities and foster innovation. South Africa also embraces AI in various sectors, such as healthcare, finance, and agriculture. In Nigeria, although there is growing interest in AI, the adoption rate is relatively low.
CONCLUSION
The development and deployment of AI creates an interesting perspective on intellectual property protection in Nigeria. To fully harness the potential of AI and encourage innovation, it is crucial for Nigeria to establish a robust legal framework that addresses the unique aspects of AI. The Nigerian government is investing in AI research and development to drive innovation, productivity, and future jobs. Initiatives like the National Centre for Artificial Intelligence and Robotics (NCAIR), the recently unveiled Nigeria Artificial Intelligence Research Scheme (NAIRS), and the 3 million Technical Talent (3MTT) Program underscore the government’s commitment to AI development[12].
It is hoped that an all-encompassing regulatory step which includes AI and sets clear metrics for its protection will foster creativity and innovation. This includes updating extant laws to accommodate AI inventions and defining clear guidelines for copyright ownership in AI. By doing so, we believe that Nigeria can foster a conducive environment for AI development while safeguarding the rights of creators and innovators.
Authors
Ms. Florence O. Dada and Ms. Urechi Ukefi
Disclaimer: Please note that the critical items highlighted above are solely for academic purposes and should not be taken as legal counsel. For further information, kindly send an email to info@zuriel.com.ng or contact our office, Zuriel Law Practice , 14a Dasilva Street, Lekki Phase 1, Lagos.
[1] https://www.coursera.org/articles/what-is-artificial-intelligence?isNewUser=true
[2] https://www.wipo.int/about-ip/en/frontier_technologies/ai_and_ip.html
[3] https://www.techtarget.com/searchenterpriseai/definition/AI-Artificial- Intelligence#:~:text=Artificial%20intelligence%20is%20the%20simulation,speech%20recognition%20and%20machine%20vision.
[4] https://www.ieee.org/about/news/2023/news-release-2023-survey-results.html
[5] Sec 1, Patents and Designs Act, Cap. P2 Laws of the Federation of Nigeria 2004.
[6] https://www.knowledgehut.com/blog/data-science/ai-model
[7] Sec 108, Copyright Act 2022
[8] Copyright Act 2022
[9] https://www.mondaq.com/nigeria/new-technology/1373830/artificial-intelligence-ai-regulation-in-nigeria-key-considerations-recommendations-legal-framework-and-policy-development-for-artificial-intelligence-ai-in-nigeria
[10] WIPO, ‘Artificial intelligence and intellectual property: an interview with Francis Gurry’ (2018) Available from: https://www.wipo.int/wipo_magazine/en/2018/05/article_0001.html Accessed on 9 January 2024
[11] International Statistical Institute.
[12] What is Artificial Intelligence – IBM https://www.ibm.com/topics/artificial-intelligence
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