Dr. Mohan Dewan, Principal, R.K. Dewan and Co. was invited as one of the Speakers at a Workshop on Automobile and IP at Chennai on June 29, 2019. Dr. Dewan addressed an audience of more than 50+ leading In-house IP Counsels on the topic of IP CHALLENGES IN LEVERAGING AI and BIG DATA IN FUTURE CARS. While addressing the various challenges faced in protecting this nascent technology of Artificial Intelligence within the four-corners of the current legal set-up, Dr. Dewan suggested that AI should be treated as legal persons under law. He also discussed the possibilities of making the authors/ creators of the AI technology vicariously liable for the AIs actions and decisions.

In the patenting of any new and upcoming technologies, the issues faced are not related to the inventions related to application of the technology, the questions that arise majorly of are related to the adaptability of the legal framework to facilitate the protection of the new found technology and AI is no different. The issues with respect to the patenting of AI are very fundamental, considering that it is still in its blooming years. Questions, as primary as:

Who is the IP owner for creations by the AI?

Who is liable for mishaps caused by AI?

What exactly will be protected?

Who is AI?!


Coming to automobiles, the challenge lies in two aspects:

The cardinal principal of vehicular machines is that safety-while-motion should not be compromised. While AI can be easily applied in other sectors, it has to pass the test of this principle very stringently before becoming a commercially successful invention, considering the risks involved. Secondly, who will be liable when this safety is compromised? As suggested by Dr. Dewan, vicarious liability of the owner to the appropriate extent can be a solution.

In the times to come, we are sure to see more and more automation in automobiles, which we believe will ease out the current questions related to AI.

Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan

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