Month: October 2020

ARTIFICIAL INTELLIGENCE: Towards Legal World…

Introduction:

Technology today has not only advanced in terms of size, capacity and speed, but it also has grown more intelligent. Intelligence of the Technology has made it very useful in one’s daily life. Such intelligence of Technology is called as Artificial Intelligence. Artificial Intelligence is a rapid growing Science and thus has become a major field of study in Science. With growing advancements, there is also growing Legal concerns in Artificial Intelligence. To introduce Legal theory and impose Legal control on Artificial Intelligence it is imperative we first understand the concept of Artificial Intelligence in detail.

What is Artificial Intelligence?

Artificial Intelligence is a concept which gives the ability to machines to think and decide upon the course of action which needs to be taken. Therefore the ability to think on its own and the ability decide is known as Intelligence. Such intelligence is being granted to the machines i.e. robots and hence the name Artificial Intelligence. If Robotics is the body then Artificial intelligence is the soul which gives life to the robots. The Artificial intelligence is again different from that of Human Intelligence in many ways. Human intelligence is based on both logics and common sense, but the Artificial Intelligence is completely based on Logics. This is because of the fact that Artificial Intelligence is built by the software programs, source codes, algorithms etc.  John McCarthy is regarded as the Father of Artificial Intelligence.

Different types of Artificial Intelligence:

Different types of Artificial Intelligence are based on two major categories:

Type 1: Based on Capabilities:

Narrow Artificial Intelligence: This type of Artificial Intelligence is the mostly commonly available artificial intelligence. Narrow AI is a type of AI which is able to perform a dedicated task with intelligence. It cannot perform beyond its specified capabilities. Example: Siri in I-Phones

General Artificial Intelligence: General AI is a type of intelligence which could perform any intellectual task with efficiency like a human. The idea behind the general AI to make such a system which could be smarter and think like a human by its own. Currently there is no system which can perform such capabilities. Such type Artificial Intelligence is still under research.

Super Artificial Intelligence: Super AI is a level of Intelligence of Systems at which machines could surpass human intelligence, and can perform any task better than human with cognitive properties. It is an outcome of general AI. Some key characteristics of strong AI include capability include the ability to think, to reason, solve the puzzle, make judgments, plan, learn, and communicate by its own. This type of Artificial Intelligence is a hypothetical and is under research.

Type 2: Based on Functionalities:

Reactive Machines: Purely reactive machines are the most basic types of Artificial Intelligence. Such AI systems do not store memories or past experiences for future actions. These machines only focus on current scenarios and react on it as per possible best action. Example: Google’s AlphaGo

Limited Memory: Limited memory machines can store past experiences or some data for a short period of time. These machines can use stored data for a limited time period only. Example: Self-driving cars, Navigation systems in cars.

Theory of Mind: Theory of Mind AI should understand the human emotions, people, beliefs, and be able to interact socially like humans. These types of AI machines are still not developed, but researchers are making lots of efforts and improvement for developing such AI machines.

Self-Awareness: Self-awareness AI is the future of Artificial Intelligence. These machines will be super intelligent, and will have their own consciousness, sentiments, and self-awareness. These machines will be smarter than human mind. Self-Awareness AI does not exist in reality still and it is a hypothetical concept[1].

Conclusion:

Full-fledged Artificial Intelligence is often seen as a threat to Humanity. Therefore having Legal control over Artificial Intelligence is the only way we can have control over it. There are many legal issues that needs to be explained in Law to have a legal control such as: Personality of Artificial Intelligence, Nature of Liability of Artificial Intelligence in case of Civil wrongs and Criminal wrongs, Penal Provisions for Artificial Intelligence, Contractual Liability, Data Privacy issues etc. are some of the major concerns that needs to be addressed to have full-fledged control over Artificial Intelligence.

[1]Types of Artificial Intelligence, https://www.javatpoint.com/types-of-artificial-intelligence

CSR AND PM CARES THROUGH A CRITICAL LENS

  • Introduction

Before we discuss the above-mentioned topic at length it’s imperative on our parts to understand ‘CSR’ and ‘PM Cares’ in all lucidity.

Under Section 135 there are certain characteristics given which if a company qualifies is liable to maintain a CSR fund which makes it mandatory to divert 2% of their average net profit towards CSR activities within three preceding years. The Act prescribes that every company having a net worth of Rs. 500 crore or more, or turnover of Rs. 1,000 crore or more, or a net profit of Rs. 5 crores or more during any financial year will be required to maintain a CSR Fund.[1]

PM Cares fund later on May 26, 2020, was brought in Schedule VII, through a retrospective amendment, based on the argument that PM Cares was set up by the central government.

  • Critical evaluation

In a democratic structure like India, it becomes imperative at times that a holistic system of transparency is adopted and religiously followed by every entity and individual working within the domains of the country. However, the system seems evidently opaque by the inclusion of PM Care Fund in the same, is damaging the whole foundation with which CSR Fund was established, mainly of the two reasons:

  • Not in the ambit of RTI: The first and the foremost argument that swims to the surface is how PM Cares fund has been kept out of the ambit Public Authority, and it’s for this reason that it automatically gets out of the purview of RTI. The biggest misery behind that is, if this so happens then no transparency can be assured as to what amount and kind of funds are being allocated by any entity at large.
  • No Redressal forum: The second fallacy remains intact, is that with the given situation in hand, all alternatives have been pushed out of the table. As the first step of redressal has only been shut down. This implies that with no RTI available the authenticity of the transfer made by any entity cannot be questioned. This construes, that one has no forum to approach regarding the transfer made by any firm from it’s CSR Fund towards PM Cares.
  • Conclusion

Though CSR has been proved to be pivotal in aspects of social and economic development of the downtrodden, however yet it is not free from the clutches of corruption and malpractices, like that of inclusion of the PM care Fund and the efforts of removing the transparency. It’s because of this reason that CSR is still seen with a critical lens.

BY

AVANTIKA SHUKLA

BA-LLB 3th Year

BVDU NEW LAW COLLEGE, PUNE

[1]  https://economictimes.indiatimes.com/news/company/corporate-trends/companies-may-face-penal-action-for-not-meeting-csr-rules-nirmala-sitharaman/articleshow/70459453.cms

Intellectual Property in Tarot Card

          Tarot cards were firstly used by the European people as playing cards and later on they people began to use tarot cards for prophecy. People started using tarot cards for doing occult reading they also started to create their own tarot decks for being distinctive.

          When they create their own deck for the tarot reading they create their own images on each card. Every image is distinctively different from other deck of tarot. There enters the concept of IPR in the tarot reading. When people created their own set of decks they used their own skills to create it, therefore it becomes their intellectual skills. When there is a matter of intellectual skills it can be protected under the law. It has a specific area in the field of law for intellectual skills and those skills are known as the intellectual property of a person. There are provisions regarding the above mentioned issues which are given under The Copyrights Act, 1957 of India.

         Copyright is a concept where the rights of the creators of the intellectual property are protected; therefore the work cannot be copied, plagiarized or have been knocked over. There are always laws about what you can or cannot publish on your own or any other platform, especially when it comes to other people’s work. There are many issues regarding tarot card. It is not only limited to the creation of decks; it also includes, drawn readings, books, teaching material etc. all of these aspects also need protection. These works are someone’s intellectual property. When any work includes intellectual property it is categorized under the types which are provided under the law. In this case tarot comes under copyright because it satisfies the given categories.

Conclusion

            If any work includes any artistic or literary work which is the intellectual property of the owner or the creator of the work, then his work should be protected with the help of law. When it comes to the matter of protection of such intellectual property, there are provisions made by the law. It is protected to maintain the serenity and the purity of the work. In this case tarot cards or anything related to the tarot card readings is protection under the Copyright Act, 1957 of India.

BY

SHRUTI TOPKAR

BA-LLB – 5th Year

Marathwada Mitra Mandal’s Shankar Rao Chavan Law College

Colour Mark in the Fashion Industry

            Colour trends in the fashion industry are decided based on the season, latest trends, or what the consumers would choose to express him or herself. A colour trend cycle starts with the designer introducing it which is then accepted in the marketplace. The colour trends until the marketplace are saturated with it and then it moves on to the next colour cycle. Many brands try to monopolize and want exclusive rights over a particular colour which is associated with their brand. The protectability of colour in the fashion industry is a point of debate for many years, particularly in the wake of Louboutin’s Red Sole Case.

In the fashion industry, consumers buy a product based on the latest trends and styles and how aesthetically the colour appeals to the consumer. A monopoly of a particular colour could pose a genuine threat of colour depletion in the fashion industry and put other designers at a disadvantage. Further for a colour to be identified with a particular brand it must be used consistently through all seasons. But colours in the fashion industry are used according to the season such as earth tones for autumn, floral, and pastels for the spring, and white or lighter shades for the summer. If the designer uses colour according to the season, no monopoly can be granted to the colours due to a lack of acquired distinctiveness. Only limited colours can withstand all the changing trends and seasons in the fashion industry. Monopoly over these colours would put other designers at a competitive disadvantage and will deter other designers from entering the market as they will not be able to use the colours appealing to the consumers. Thus, considering that there are limited colours, a monopoly over a single colour is the main point of debate as it would result in a loss of creativity.

Conversely, many designers argue that monopoly over a particular colour only stops other designers from using the same colour in the same manner. For instance, in Louboutin’s case, his monopoly over the red colour sole only prevents other designers from using a deceptively similar red colour for the sole of the shoes. Competitors can use a different colour in a similar or different manner. But, for a colour mark to obtain trademark protection, it must prove that it has acquired a secondary meaning through long use. Owing to the short life of trends and style, it becomes difficult for colour to be protected under the pretext of acquired distinctiveness. Further, in earlier days fewer colours were available and therefore the available colours remained long in the market, forming a deep symbolic association with a particular product. But with a myriad of colours available now, association with colours have become weak.

Using colour mark adds distinctiveness to designs and limit other designers from copying or selling their goods on other’s goodwill. While competitors may argue that colour should not be granted protection due to limited colours appealing in all seasons, in some cases the colour depletion theory does not apply due to a myriad of colours coming up. Further, the colour depletion theory is less likely an argument because of the ever-changing colour trends. A colour is protected only when it is consistently used by the designer in all seasons and is identified with the brand satisfying the condition of acquired secondary meaning and association with the designer.

Concept of Robotics & Law

To have legal regulations on Robotics, there is a need to understand the concept of Robotics and the different types of Robots which are in existence in today’s world and also the future predictions of Robotics Development. In this article we shall discuss the concept of Robotics, types of robots involved and then understand its significance from the legal perspective.

What is Robotics?

Robotics is a branch of engineering that involves the conception, design, manufacture, and operation of robots. This field overlaps with electronics, computer science, artificial intelligence, mechatronics, nanotechnology and bioengineering[1]. Thus Robotics is a branch of science which involves the confluence of other branches.

Types of Robots:

Mobile Robots:

These are the robots which can move from one place to another. Further this kind of robot is classified into types:

  • Rolling robots:

These are the robots which have wheels to move from one place to another. Some of the examples are

  • Walking robots:

These are the robots which have legs to move. These robots are used in rocky terrains where normally wheels cannot move. Such robots normally have 6-8 legs to move. Such robots are used in space missions like exploration of moon.

Industrial/Stationary robots:

These are the robots which do a repetitive action for ‘n’ number of times without moving from its place. These robots are widely used in the industries and thus the name ‘industrial’. Manufacturing industries like automobile industry use these types of robots for the production of automobiles in large scale.

Remote-controlled robots:

These robots are used for a hazardous task where robot is not that intelligent. Therefore human being is required to control the robot for hazardous tasks. Tasks such as defusing the bomb remote-controlled robots, sometimes these robots are also used for evacuation purposes.

Autonomous robots:

These are the robots which are self-contained or self-supporting. These robots run a program which gives them the opportunity to think on their own depending on the surroundings. Such robots are used in the military operations and rescue missions[2].

Virtual robots:

These robots don’t exist in real life; they are the building blocks of software inside a computer. Best examples of virtual robots are the ‘Siri’ in Apple I-phones, ‘Cortana’ in Microsoft operating software.

  These are the 5 basic types of Robots which are commonly used for different areas to achieve the desired aim. Most of these types of Robots are commonly used in industrial sector like Automobile sector etc. Autonomous robots and virtual robots are still in development stage.

Conclusion:

It is important to have regulations on Robotics because with proper Legal Regulations we can prevent imminent threat in the near future by controlling the scope of development of Autonomous Robots and Virtual Robots. Although still in developmental stage such types of Robots will pose a threat in the future if there is no laws to control.

Therefore from the above study we can conclude that Robotics in a controlled environment is safe to be used and by this way we can have legal regulations to regulate Robotics.

[1]Robotics definition, Find a tech definition, http://whatis.techtarget.com

[2]Autonomous Robots, How robots work, http://science.howstuffworks.com