Artificial Intelligence and Trademarks Assignment Sample
Introduction
In today’s generation, Artificial Intelligence has become the future of our world. This study will mainly focus on Artificial Intelligence over the trademark law. The actual process of Artificial Intelligence will be trying to create ripples between the trademark law. It will be questioned that, if AI can succeed to decrease the involvement of humans in the products suggestion and purchasing process of products then it will be the validation of the traditional trademark. This study will cover the actual impacts of AI over the trademark law and a relevant case law with an academic opinion which are very important to know. Along with this, it will also discuss about the issues of trademark law and the rise of AI over the extent of critical evolution. Hence, It will be expected that Artificial Intelligence will go to take over the market of every individual as the aspects of working places.
[1]Impact of artificial intelligence on trademark law
Trademark law and the retail world are increasingly impacted by the rise of Artificial intelligence. The upcoming Is may change the trademark law. Technology is upgrading day by day and Artificial Intelligence is also a part of the technology. The use of Artificial intelligence helps to increase those historical principles which are connected with all segments of trademark law and property law. However, no trademark laws have gone to such a stage of their destination of Artificial intelligence. Apart from this, there are some legal experts who have analyzed the effective impacts which can adopt Artificial intelligence by the trademark law. [2]It has to be considered that, the sustainable development and increasing prevalence rate of Artificial intelligence is an effect the world by changing the retail environment day by day. This is even a true holder of trademark law in this field of Artificial intelligence. It is an important and much-needed subdivision of intellectual property laws. In one sentence it can be said that most companies or websites have to use Artificial intelligence systems and it has displaced so many human actions previously and also has an interaction in this field of AI. There are some differential impacts of AI on that operated in the retail environment of trademark law.
- The actual impacts of Artificial intelligence have created some issues that may affect automatic purchasing Artificial Intelligence has already captured the global market.[3] Most of the marketplaces are mainly generated with Artificial Intelligence which is basically known as bots or chatbots. All of these bots have impacted automated assistants.
- Artificial intelligence is not held to create liable for infringements of trademark law until some individuals are not put a notice on the activities of infringements and for this reason, the Artificial Intelligence system is not interested to evaluate intellectual impacts on property law and trademark law until a human use them in the right order.
- Here is a huge impact of Artificial intelligence that can not be overstated. Nowadays Artificial Intelligence is become indeed upcoming and to a degree which is already here. Its impact on trademark law and intellectual property law which are more widely and can not be overstated. Along with this, in some effects of Artificial Intelligence, which is expected that there are some possibilities somehow based on the historical concepts and principles that are related to trademark law.
- Humans have created trademark laws and almost every human has an interaction with products, services and brands in their minds. On the other hand, Artificial Intelligence is most probably trying to decrease and remove such kinds of interactions running in the human elements. [4]Sometimes, Artificial intelligence has remains to be shown as just how it may change or replace the existence of the average consumer while it even would try to do so at all these.
- After knowing the proper uses of Artificial Intelligence, it reduces the key role of the individual human being in the suggestion of products and purchasing process of each product which really justifies that most of the historic principles and concepts related to trademark law have simply no longer apply.
Relevant case law and academic opinion
The collapse of Artificial in daily life and play a significant role to change the environment in the process buying products and services which are help to increase the main focus on the conventional trademark law. Along with this, the majority on market start up to enter into the Artificial Intelligence systems. [5]It has to be predicted that the valuation of global business divided from Artificial Intelligence which is projected to rise from 1.2 trillion in the end of 2018 to 3.9 trillion in the beginning of 2022. On the on the other hand, there are some of the major factors which evaluated from the sources of Artificial Intelligence and average consumer are experience with the new cost and revenue reduction. A new report about the state of frontier retail industry that must be involved actual and appropriate informations of each consumer from several country’s markets such as The UK, US and China has already released the findings key that is approx 89% of the US peoples and approx 91% of the Gen Zers has provide online purchase. It is almost 96% of Chinese civilians has scared about the 94% of counterfeits about the security payments. On the other hand, there are approx 43% millennials of the UK and 53% Gen Zers of UK ordering online products and they have to be expected to delivered less than two or three days and then there is case study by Statistia who confirmed that approx 38% of average consumers believed on the proper guidance of Artificial intelligence for the purchasing and process of purchasing products. [6]During the beginning period of Artificial intelligence till now it has an impacts on the trademark law and the intellectual property law which was revolved across the patent protection and the patent law of the future technologies relate with Artificial intelligence. However, at the end of this discussion it can be easily justify that, all of these reasons and researches mainly clarify that why the Artificial intelligence relevant with case law. At this present generation Artificial intelligence is become the great challenger of trademark law because, trademark law has mainly stood with the three helpful revolutions such as social media, e-commerce and self-service facilities.
Critical evaluation of the extent to reflect the rise of AI
Cyber-attack is one of the biggest issues faced by the people nowadays. Artificial Intelligence plays the biggest role in controlling cyber-attack related problems. Along with that, it is the main weapon of hackers when it comes to protecting the information. [7]It is next to impossible to make a humanoid robot exactly like a human as it needs a lot of effort and high range technologies to make the artificial intelligence equal to the human intelligence. Apart from this, the expectations of the people are really high in this digital world as they are habituated with the best technologies. The main function of Artificial Intelligence is to detect the manual changes and also finding out each and every error. It helps in the process of protecting the entire system.
Artificial Intelligence can be improved by gaining the knowledge of Machine Learning. The programmers and software that developers need to work on the features to improve machine learning. Machine Learning allows us to understand the behavior of the users so that they can improve their own features. [8]All the information of the users can be used to give them the proper safety and the security. Along with that, the threats need to be found out, thus it can help to improve the functionalities. The improvement of the machines is quite impressive as the reactions of the machines are faster than the humans. Machine Learning reacts faster than humans and day by day it also learns and improves itself. There are some vital national informations that can be protected with the high skill of Artificial Intelligence
Artificial Intelligence can save a lot of money as less amount of manpower is required. However, the technical team has to work harder to grow their auto-immune system so that Artificial Intelligence can go to the next level. Apart from this, there is a need to recruit hackers and engineers with higher skill and knowledge of Artificial Intelligence so that the problem of cyber crime can be reduced.
The idea of Artificial Intelligence was created by humans to solve the problems of manpower. Along with that, the safety and security of the citizens of a country is the main purpose of using Artificial Intelligence. However, some hackers are using this in a bad way which is affecting the people of the country. There are some professional hackers that can solve all the cyber-crime related issues. Furthermore, the awareness created by the government among the people can reduce the hacking problem as the people will be more concerned about their passwords and OTP. When it comes to protecting in case of Hackers then Artificial Intelligence will be most valuable technology. It has to be programmed for identify any kind of differences and learn more pattern, as the humans are observed.
Trademark issues
The trademark that has been used in an unauthorised way is known as trademark infringement. It is the biggest problem in today’s world. Along with that, there is a law of intellectual property that has protected the trademark.The trademark infringement can be solved by using Artificial Intelligence. Apart from this, proper research on the trademark can solve the trademark infringement related issues as there are chances to claim infringement thus it can help to avoid the claims. Using others’ trademarks without taking their permission leads to trademark infringement. [9]Several lawsuits are there to help the public to fight against these problems. The violation of the trademark is one of the biggest problems in today’s world. [10]Trademark violation can be solved by sending a demand letter from the owner’s side in which they claim their demands initially. Apart from this, it can be solved by the help of Artificial Intelligence as it allows us to get the information accurately and helps the customers in decision making.
Average Consumer
The problem regarding trademarks depends on the customers also. The choice of the customers depends on the educational qualification of them. [11]The people with higher knowledge of technology are more interested in following artificial intelligence as they know the value of the products. The good services and technologies using artificial intelligence can attract them easily. It can be also helpful in the pharmaceutical field as the companies can sell the medicines by uploading the picture of prescription.Apart from this, the technology has gone to the another level with the help of facial recognition systems that can predict the behavior of a person.
Likelihood of confusion test
The likelihood of confusion test used for the identification of the owner of a service. The proper documents of registration of the trademark is needed to solve this problem. Along with that, the expired registration of the documents can be solved by continuing the terms of the laws. [12]The registration is the main weapon that helps to win the case of trademark. Trademark infringement creates confusions and mistakes about the owner of the company. The Artificial intelligence has a great role in solving these problems as it helps to access the information about the original owner.
Conclusion
At the end of the assignment it can be concluded that Artificial Intelligence has created a great impact on human lives. The software professionals and hackers are the main pillar of Artificial Intelligence. Along with that, there are some serious risk factors that can affect the whole population. However, the special strategies by the developers and engineers can bring an evolution in the field of Artificial intelligence. Constant monitoring and expertise are required to improve the technical problems faced by the users. Apart from this, strict action against the hackers should be taken by the government to reduce the cyberbullying and hacking problems. However, the number of crimes can be reduced by the expert professionals. Furthermore, innovation and creativity can bring a huge change in technology with the help of Artificial Intelligence. However, professionals are working harder to take Artificial Intelligence to the next level so that it can solve environmental and social issues as well.
Reference list
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Grynberg, M., 2019. AI and the’Death of Trademark’. Ky. LJ, 108, p.199.
Sætra, H.S. and Fosch-Villaronga, E., 2021. Research in AI has Implications for Society: How do we Respond?. Morals & Machines, 1(1), pp.60-73.
Rai, A.K., 2018. Machine learning at the patent office: Lessons for patents and administrative law. Iowa L. Rev., 104, p.2617.
Wachter, S., Mittelstadt, B. and Russell, C., 2021. Why fairness cannot be automated: Bridging the gap between EU non-discrimination law and AI. Computer Law & Security Review, 41, p.105567.
Atkinson, K., Bench-Capon, T. and Bollegala, D., 2020. Explanation in AI and law: Past, present and future. Artificial Intelligence, 289, p.103387.
Carter, S.M., Rogers, W., Win, K.T., Frazer, H., Richards, B. and Houssami, N., 2020. The ethical, legal and social implications of using artificial intelligence systems in breast cancer care. The Breast, 49, pp.25-32.
Oren, O., Gersh, B.J. and Bhatt, D.L., 2020. Artificial intelligence in medical imaging: switching from radiographic pathological data to clinically meaningful endpoints. The Lancet Digital Health, 2(9), pp.e486-e488.
Fernandez-Luque, L. and Imran, M., 2018. Humanitarian health computing using artificial intelligence and social media: A narrative literature review. International journal of medical informatics, 114, pp.136-142.
Waymel, Q., Badr, S., Demondion, X., Cotten, A. and Jacques, T., 2019. Impact of the rise of artificial intelligence in radiology: what do radiologists think?. Diagnostic and Interventional Imaging, 100(6), pp.327-336.
Natale, S. and Ballatore, A., 2020. Imagining the thinking machine: Technological myths and the rise of artificial intelligence. Convergence, 26(1), pp.3-18.
Whitlock-Glave, H.C., Jansen, S.B., Weigle, H.L., Brown, L.D. and Capp, M.A., 2019. The technology revolution in the construction industry: the rise of artificial intelligence. Illinois Association Defense Trial Counsel Quarterly, 29(4), pp.1-34.
[1] Holzinger A and others, ‘Causability And Explainability Of Artificial Intelligence In Medicine’ (2019) 9 WIREs Data Mining and Knowledge Discovery
[2]Grynberg M, ‘”TRUMP TOO SMALL” And The Problem Of Trademark Merchandising’ [2022] SSRN Electronic Journal
[3] Aymerich-Franch L, and Fosch-Villaronga E, ‘A Self-Guiding Tool To Conduct Research With Embodiment Technologies Responsibly’ (2020) 7 Frontiers in Robotics and AI
[4] Rai A, ‘Machine Learning At The Patent Office: Lessons For Patents And Administrative Law’ [2019] SSRN Electronic Journal
[5]Wachter S, Mittelstadt B, and Russell C, ‘Why Fairness Cannot Be Automated: Bridging The Gap Between EU Non-Discrimination Law And AI’ (2021) 41 Computer Law & Security Review
[6] Atkinson K, Bench-Capon T, and Bollegala D, ‘Explanation In AI And Law: Past, Present And Future’ (2020) 289 Artificial Intelligence
[7] Carter S and others, ‘The Ethical, Legal And Social Implications Of Using Artificial Intelligence Systems In Breast Cancer Care’ (2020) 49 The Breast
[8] Oren O, Gersh B, and Bhatt D, ‘Artificial Intelligence In Medical Imaging: Switching From Radiographic Pathological Data To Clinically Meaningful Endpoints’ (2020) 2 The Lancet Digital Health
[9] Oren O, Gersh B, and Bhatt D, ‘Artificial Intelligence In Medical Imaging: Switching From Radiographic Pathological Data To Clinically Meaningful Endpoints’ (2020) 2 The Lancet Digital Health
[10] Waymel Q and others, ‘Impact Of The Rise Of Artificial Intelligence In Radiology: What Do Radiologists Think?’ (2019) 100 Diagnostic and Interventional Imaging
[11] Chen X and others, ‘Application And Theory Gaps During The Rise Of Artificial Intelligence In Education’ (2020) 1 Computers and Education: Artificial Intelligence
[12] Waymel Q and others, ‘Impact Of The Rise Of Artificial Intelligence In Radiology: What Do Radiologists Think?’ (2019) 100 Diagnostic and Interventional Imaging
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