In the digital age, Bangladesh, like many countries, finds itself at the crossroads of a transformative era driven by artificial intelligence (AI). AI is revolutionizing industries and creative processes, but it also raises complex legal questions regarding intellectual property (IP) rights. This article delves into the intersection of AI and intellectual property within the context of Bangladeshi law, exploring the key issues and potential solutions.

AI’s Impact on Creativity and Copyright

Bangladesh, like other countries, faces the question of AI-generated content and copyright. Copyright laws traditionally grant protection to human creators, but AI’s involvement challenges these norms. The existing Copyright Act of Bangladesh, 2000, does not explicitly address AI-generated works. This legal vacuum leaves room for ambiguity regarding authorship and ownership. Some argue that AI-generated content should be eligible for copyright, while others propose attributing copyright to the entity that trains and operates the AI. Clarity in Bangladeshi copyright law is imperative to safeguard the rights of creators and incentivize AI development.

Bangladeshi Copyright Law and AI: the new Bill

Bangladesh’s Copyright Act of 2000 provides copyright protection to “authors” of original works, which raises a fundamental question: can AI be considered an author? At its core, copyright law is designed to protect the creative output of individuals who invest their time and effort in producing original works. In a world where AI can compose music, generate art, and write articles, the traditional definitions of authorship are put to the test.

The Copyright Act, which does not explicitly address AI, presents a challenge. Should copyright protection be extended to AI-generated works, and if so, who should be considered the author? In many cases, it is the human programmer or operator who feeds data into the AI system and fine-tunes its algorithms. Thus, one argument is that copyright should be attributed to these individuals or the organizations behind them.

In recent times, the Legislature of Bangladesh has drafted a new Bill named, “Copyright Act, 2023” which has got the approval of the President and currently open for public discussion. The Bill includes answers of some of the pressing questions. The Bill defines the Information & Technology based digital work by stating that, any creative digital work will be called ‘digital work’, if it is created directly or indirectly by using computers, mobile phones or any digital device, by processing information and data for the purpose of obtaining a specific result, including the information, data, source code, tables, charts, graphs, audio, images, moving images, designs, text, instructions, signals and instructions for use of such works.

And the Bill also addresses the person, who creates the digital work(s) using any digital machine, is the author of that digital work(s) and provides 60 years of copyright from the publication date.

However, this raises a significant concern: if copyright protection is solely attributed to the creators of AI, it may disincentivize further AI development and deployment. Others argue that AI-generated works should be eligible for copyright, albeit with distinct considerations. This would recognize AI’s creative potential while avoiding stifling innovation.

Fair Use in Bangladeshi Law

Fair use principles, though essential to balancing IP rights with innovation, are not clearly defined in Bangladeshi copyright law. Determining whether AI-generated content constitutes fair use or infringement requires comprehensive legal guidance. Establishing guidelines that distinguish between transformative and derivative works in the context of AI-generated content is essential to prevent disputes and ensure equitable treatment of creators and innovators.

In the United States, fair use has long been a legal doctrine allowing for the use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. However, fair use is a concept that can be adapted and applied differently in various jurisdictions.

In Bangladesh, fair use principles should be updated to address AI-generated content specifically. This might include guidelines for recognizing the transformative nature of AI-generated works, considering factors such as the extent to which the AI system has been trained on existing copyrighted materials and the originality it brings to the resulting work. By clarifying fair use principles within the context of AI-generated content, Bangladesh can strike a balance between protecting the rights of creators and fostering innovation in AI.

Patent Challenges in Bangladesh

Bangladesh’s patent law primarily focuses on human inventors, which creates challenges when AI contributes significantly to the inventive process. Determining inventorship and ownership when AI is involved in innovations necessitates amendments to existing laws.

In the United States, for example, patent laws have not explicitly addressed AI-generated inventions but have instead focused on “person[s] to whom the inventor has assigned, or is under an obligation to assign, the invention.” In essence, this means that the legal owner of an AI-generated invention is the person or entity that operates or controls the AI system responsible for the invention.

Bangladesh may need to consider similar amendments or interpretations to address the increasing role of AI in the inventive process. Should AI-generated inventions be recognized as the product of human operators who configure and utilize AI systems, or should they be considered inventions of the AI itself? The answers to these questions have significant implications for IP rights, ownership, and innovation in Bangladesh’s tech landscape.

Enforcing IP Rights in the AI Era

Enforcing IP rights in Bangladesh requires a comprehensive approach that accounts for AI-driven infringement. Detecting and preventing AI-generated IP violations necessitates technological solutions and a legal framework that effectively addresses emerging challenges.

Infringement detection in the digital age can be a daunting task. AI-generated content, especially when it remixes existing works, may require advanced algorithms to identify potential violations accurately. Bangladesh needs to invest in the development of such tools and systems to protect IP rights effectively.

Furthermore, Bangladesh should provide clear avenues for IP holders to protect their rights in an AI-driven world. This includes establishing accessible legal mechanisms for addressing AI-generated infringements and resolving disputes efficiently. The legal system must adapt to accommodate these new challenges, ensuring that IP holders can seek justice when their rights are violated.

The Necessity of Legal Clarity

To navigate the intersection of AI and intellectual property successfully, Bangladesh needs legal clarity and guidance. The government, legal scholars, and practitioners must collaborate to develop robust legal frameworks. These frameworks should protect creators’ rights while encouraging AI innovation. Policymakers must adapt to the evolving technological landscape and ensure that Bangladesh’s legal system remains agile and up to date. Bangladesh has an opportunity to shape its legal landscape in a way that fosters innovation, encourages AI development, and protects the rights of creators and inventors. This requires a multi-faceted approach:

• Amending or New Copyright Laws: Bangladesh should consider amending its Copyright Act to explicitly address AI-generated works, defining authorship and ownership within this context or to make a new Law. Bangladesh is already developed a new Bill to address these issues. This could involve recognizing both the role of human operators and the creative potential of AI systems after its enactment.
• Defining Fair Use Guidelines: Fair use principles need to be updated to account for AI-generated content. Specific guidelines should be established to determine when AI-generated works fall within the bounds of fair use.
• Adapting Patent Laws: Bangladesh’s patent laws should be adapted to acknowledge AI’s role in the inventive process. This might involve defining inventorship in a way that recognizes both human operators and AI systems.
• Investing in Enforcement: Bangladesh should invest in advanced technology for IP enforcement, such as AI-powered tools for infringement detection. Legal mechanisms should be streamlined to provide efficient remedies for IP holders.
• Promoting Collaboration: Legal experts, policymakers, and industry stakeholders should engage in ongoing discussions to ensure that the legal framework keeps pace with AI’s evolution. Collaboration can lead to adaptable and effective legal solutions.

Conclusion

The impact of artificial intelligence on intellectual property in Bangladesh is undeniable. As AI continues to transform industries and creative processes, it is vital for legal professionals, policymakers, and stakeholders to actively engage in shaping the legal landscape. By addressing the unique challenges posed by AI within the framework of Bangladesh’s legal system, the country can ensure that IP rights are protected, innovation is promoted, and the rights of creators are upheld in this exciting era of AI-driven creativity.

As Bangladesh navigates this transformative era, it must strike a careful balance between fostering technological innovation and safeguarding the intellectual property rights of its citizens. With well-defined legal frameworks and active collaboration among key stakeholders, Bangladesh can harness the potential of AI while ensuring that its legal system remains just and adaptive in the face of rapid technological change.