Author: UTTAKARSH MATTIKOP

Uttakarsh has completed his law from Bharti Vidyapeeth New Law College, Pune. He specializes in all forms of Intellectual Property Due Diligence, Research, Drafting, Client Management, and Litigation. He has specialized experience in the field of Trademarks and Copyrights. Furthermore, he is specialized in the field of Corporate Laws, Company Laws and Business Laws. He is also well versed in the field of Cyber Laws and Technology Laws. As added responsibilities, he manages the firm’s Interns, Associates and Management. He is Multi-Lingual and a quick action taker. He is well known for acquiring multiple Trademarks in Hearings and Court Cases.

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

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

BLUE TICKS IN THE LEGAL WORLD

Social Media platforms such as WhatsApp, Telegram and E-Mail services are now gaining a prime importance in the legal industry. The Covid-19 pandemic has resulted in digital summons and notice services in the country.

It was in the case of SBI Cards & Payments Services Pvt Ltd vs Rohidas Jadhav[1], the Bombay High Court first time recognised and validated the service of notices through WhatsApp. Justice Gautam Patel, who was hearing the case, said “For the purposes of service of notice under Order XXI Rule 22 of the Code of Civil Procedure, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the respondent’s number, but that both were opened as well.“

According to the law, a legal notice can be served to an individual or firm via registered post or by visiting in person. However, this has changed in recent times after the enactment of the I-T Act, which recognises electronic communication such as e-mails and text messages as legal evidence.

Therefore recently on 10^th July 2020, Chief Justice of India S.A. Bobde observed that “It has been brought to our notice that it was not possible to visit post offices for services of notices, summons, and pleadings. Such service of all the above may be done through email, fax and other instant messenger services like WhatsApp and other telephone messenger services.”

With the increasing severity of Covid-19 cases in India, this decision by the Supreme Court of India has given a major ease of compliance in procedure to be followed to all the advocates and the court administrators in the effective functioning of the courts.

[1]2018 SCC OnLine Bom 1262

INTRODUCTION TO ROBOTICS & ARTIFICIAL INTELLIGENCE

Today the world is dependent on technology for almost everything. Setting Alarm to wake up to setting reminder to go to bed Technology has become a support system for man to survive in this world, exactly just like a ventilator. With ever increasing dependency of man on technology, it has led to a great leap in the advancements in technology. Today we have man controlled Robots in major industries like Defence, Automobile etc for the ease of performing risky works. These are the Robots which work in the controlled environment i.e. they are under the control of man. But what about the machines which have been granted the ability to think and the ability to choose? What about the machines which track our daily activities and analyse our behaviour? The ability of machines to think and choose is called as Artificial Intelligence.

Artificial Intelligence has grown rapidly with the introduction of Nanotechnology. With the advent of Nanotechnology there is a tremendous breakthrough in achieving great advancements in technology. Nanotechnology in the field of Biology, Energy, and Mechanics etc. has given us a breakthrough in modernisation of Robotics.

With this article we shall begin with a series of detailed articles about the Robotics & Artificial Intelligence and study the impact if it is left unchecked and uncontrolled. With the rise of Robotics & Artificial Intelligence, man has posed an unimaginable threat for the future generations. What happens if the Artificial Intelligence becomes uncontrollable? The impact of such a threat would be extinction of mankind. Therefore there is a need for legal framework to regulate Robotics & Artificial Intelligence. With the need for Legal framework we do not mean to restrict the use of Technology but we mean to provide a legal structure for the development of the technology in such a way that it is not threatening the human race.

Different types of Trademarks and its Strength

In today’s corporate world, the brand name is the biggest valuable asset for a company. Therefore protecting the brand name is a basic step taken by all the companies even if it is a start-up. Can any name be protected as a brand name under the Trademarks Act, 1999? What are the different types marks that can be protected under Trademarks Act, 1999? Through this article we will study the different types of trademarks and also study which mark is considered as the best trademark for it to be registered easily.

Trademark is something which depicts a company’s name or its products. Trademark includes word, logo, sound, smell or action. Therefore trademark includes WORD, LOGO, SOUND, MOTION and MULTIMEDIA.

WORD MARK consists of one or more words. The word mark is always registered in a standard font. This means that if you want to protect a word in a specific font, you have to apply for a figurative mark or Logo. Ex: Facebook, Google etc.

LOGO or Figurative marks are the trademarks that consist of just a figure or a figure combined with one or more words. Words in a specific font are also considered figurative. Figurative marks can be registered in black and white or in colour. Ex: Logo of BMW, Audi, Tata, Jaguar etc.

SOUND MARK can be a trademark and can therefore also be registered. A sound mark is a sound or a melody with a distinct recognition effect. When applying for a sound mark the mark can be represented by a sound file or by an exact description of the sound in notation. Ex: Roar of the Lion in MGM production house is the best example of Sound mark.

MOTION MARK is a mark where parts of the trademark are shifting, changing or moving. One example of a motion mark is an animated logotype. When applying for a motion mark the mark can be represented either by a video file or a series of still images that show the motion. Ex: NOKIA Connecting People.

MULTIMEDIA MARK is a mark that consists of a combination of sound and picture. The mark can be represented by an audio-visual file that shows the combination of sound and picture. Ex: Words like FATALITY and FINISH HIM in the game MORTAL KOMBAT is a multimedia mark consists of the whole scenario with the sound, motion, pictures and words.

These different types of marks can be protected under the Trademarks Act, 1999. But still one question remains unanswered i.e. what is the strength of the Trademark? To answer this question we first need to know how to determine the strength of a Trademark? The Trademarks Act, 1999 answers this question by categorizing trademark (wordmark) under these following types:

GENERIC TERMS is one that really does not qualify for any sort of trademark protection. It is essentially a term that is commonly used as the name of the kinds of goods or services to which it is referring. Ex: Naming a shoe company as BOOT Co. In this case the word BOOT will not qualify to be registered under Trademarks Act, 1999 because it clearly describes the goods or services provided by the company. Therefore generic terms are 99% of the times bound to be rejected.

DESCRIPTIVE TERMS are words that identify the characteristics of the product or service to which the mark pertains. It is similar to an adjective. It directly describes the goods or services provided by the applicant. Ex: PIZZA HUT, BURGER KING etc. Here in case of descriptive terms the percentage of getting the term rejected by the Registry is 90%.

SUGGESTIVE TERMS are words that suggest as opposed to merely describe the ingredients or characteristics of the products or services and require the consumer to use imagination and perception to determine what the actual goods or services are. Ex: SUGAR FREE. When it comes to suggestive terms the percentage of rejection comes down to 50%.

ARBITRARY TERMS are words that have no relation to the goods or services at issue. Common words that already exist can become strong trademarks when applied to a product or service that is completely unrelated to the word. Ex: APPLE. When it comes to arbitrary marks the percentage of rejection is reduced 10% i.e. the strength of the trademark is strong if the word is arbitrary in nature.

FANCIFUL TERMS are words that have been invented solely for use as a trademark. The words are imaginative and created, and also cannot be found in the dictionary. These are potentially the strongest trademarks because they are inherently distinct and therefore easier to protect under trademark law. Ex: KODAK is a fanciful term. Therefore the percentage of getting a fanciful term registered is 99%.

Therefore through this article we can conclude that any term which fits the definition of Fanciful term is considered as a strongest term and is bound to be accepted by the Registry. This is why Corporate giants always tend to invest a great amount of investment in brand names so that there is no hurdle in the Registration process.

Know your Protector: Inside Copyrights!!

Introduction:

Have you ever wondered why there is a copyright disclaimer at the beginning of a movie, or a copyright disclaimer on a book? This is because the original work of the creator, writer, movie maker, artist etc is protected by the copyrights laws. In this article, we will study what is copyright, what type of works are covered and how the works are protected from the provisions of The Copyright Act, 1957.

Meaning of Copyright:

Copyright simply means having exclusive right over an original work of authorship such as literary, musical, dramatic, artistic or architectural work[1]. Therefore copyright law covers the material form of expression and not actual concepts and ideas.

What types of rights are included in a copyright?

Right to reproduce
Right to prepare derivative works
Right to distribute copies
Right to perform the work
Right to display the work publicly[2].

Insight on copyrights in India:

Historical insight: Copyright law can be traced back to the colonial era. Post-independence Copyright Act was enacted in the year 1957 and has been amended six times with the 2012 amendment being the latest.
International Conventions: India is also a signatory to many International Conventions such as
- Berne Conventions of 1886
- Universal Copyright Convention of 1951
- Rome Convention of 1961
- Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
- WIPO Copyright Treaty & WIPO Performances & Phonograms Treaty.

The Copyright Act, 1957: Here are the key features of the Act[3]:
- Creation of Copyright Board: The Act provides for the formation of Copyright board and copyright office to make the registration process smooth.
- Authorship & Ownership: According to the Act, author or creator is the first owner of the work. Composer is the author in case of music; producer is the author in case of cinematograph film and the particular government body in case of government work.
- Term: The term of ownership of the literary work is lifetime of the author and 60 years from the day of his death.
- Infringement: A person who tries to use the original works of the owner without his permission is termed as infringement.
- Remedies: The Act provides for both civil and criminal remedies for the copyright infringement.
- Exception: If a person uses the work for research, analysis or for educational purposes, then he does not require the permission from the author.

[1]What is a Copyright?; FindLaw; https://smallbusiness.findlaw.com/intellectual-property/what-is-copyright.html

[2]What is a Copyright?; Plagiarism Today; https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/1-what-is-a-copyright/

[3]Copyright and its Features-Cyber Law Unit 1; MYBSIT.COM; 21/01/2017; https://www.mybscit.com/cyber-law/copyright-and-its-features-cyber-law-unit-1

Consequences of having Copyright protection for Computer Software

On 26^th April 2020, we are celebrating World Intellectual Property Day, on this occasion let us analyse the effect of one of the major controversial concepts in the IPR. That is about the Computer Software. Whether Computer Software should be granted Patent protection or Copyright protection? The world was divided into two categories: Pro-Patent protection and Pro-Copyright protection. In this article we shall not go into detail about the above question. But we shall analyse the consequences of Copyright protection for Computer software.

A copyright protection when compared to patent protection, the term of Copyright protection is lifetime plus 60 years whereas the term of protection for Patents is just 20 years. This is a major advantage of having Copyright protection over computer software. Many IT giants have been benefitted by this and thus also avoiding of renewal of protection which is a major burden. Secondly, registering a copyright is much easier and you can get your software registered within 4 months of application whereas the time taken for the patent registration is much more than 4 months. Therefore the time taken for the registration has also played a vital role and that’s the major reason why most IT companies are benefitted by it.

There has been a long debate going on whether computer software is to be granted a copyright protection or patent protection. But the Berne Convention of 1971 made it clear that computer software being a literary work and therefore comes under the copyright protection. The convention also laid down that if the software has an inventive step and an industrial application then the software can be patented. Today with computer software being granted copyright protection has led to increasing number of copyright applications, therefore gradually and effectively reducing the piracy of the software in the digital platform.

Aadhar: The Game of Data Protection

More the information secured and protected, more the privacy is maintained.

~Uttakarsh Mattikop

Introduction:

In today’s digital world, it is the information which is considered as the biggest threat and dangerous for everybody from an individual to a country. Therefore there is a need for keeping the information safe and secured. The information may be anything from a nuclear launch codes to an individual’s personal details.

In this article we will be dealing with the Aadhar and the challenge for data protection which is today a burning issue in India.

Origin and Objectives of Aadhar:

The Unique Identification Authority of India (UIDAI) was established in the year 2009. It is a statutory body responsible for the enrollment and issue of Aadhar Card.

The main objective of this project is to maintain centralized database storage of information of every individual which includes biometrics (iris scan and fingerprint scan) and permanent address. The UIDAI also issues a unique 12 digit unique identity number called Aadhar to the citizens.

Need for Aadhar:

There is always a question in our brains: “Why do we need Aadhar when we already have many identities like passport, voter-id, driver’s license etc.?” Although we do have identities but the major problem with these identities is that not every individual has access to these identities i.e. voter-id and driver’s license is not available for people below 18 years of age and passport is not affordable for poor people. Contrary to this Aadhar is available for all from a child to a senior citizen and is affordable for all as it is free of cost.

Further, with the help of such an identity, it will be easy for the government to provide economic, health, education many other benefits to the needy people in the country.

Major issues involved in Aadhar:

Although there is an effort in systematic centralized store of information, but at the cyber front, there are major issues that the government must reiterate on to uphold the privacy of every citizens of the country.

Some of these are:

Which court will look into the matters related to Aadhar?
Lack of cyber experts to investigate into the matters related to Aadhar.

Solution for above two issues:

There is a need for separate Aadhar Tribunal to look into the matters related to Aadhar. As the protection of data is more of a technical concern rather than of legal concern, there is a need for technical experts in the cyber field to decide the cases related to Aadhar.
Lack of expertise in the cyber field, ordinarily the police or any other investigation department such as CID; CBI etc will have difficulties in investigating the matters related to Aadhar. Therefore there is a need for a separate Aadhar Investigation Team which is specialized in cyber field and investigate the matters related to Aadhar.

Conclusion:

India has taken a major step of digital centralized storage of data very similar to some of the developed nations like Canada, Austria, and USA etc. Therefore there is a need for systematic laws to regulate and protect data from many threats. Parallelly there is a need for data protection laws so that both private and public companies have well established system of data storage and protection.

Need for change in the education system of India

Introduction:

Every society, every state flourishes only when there is a proper education system. Education is the basic foundation of a country’s progress. Therefore education must be the foremost attention given when we plan to eradicate the major issues in the society like poverty, unemployment etc. It is said that if you give a beggar a fish then his stomach is filled only for one day, but if you teach him to catch a fish then his stomach is filled every day. Similarly education is that basic foundation which gets hidden with the construction of first floor, but that’s the reason why the building stands.

Long ago around 1830s Lord Macaulay introduced English system of education so that the Britishers could tear apart our unity and divide us to our roots. The same system has been prevalent in India even today. Is the system really suitable for our country? I do not know. Time will answer the question with emerging generations, but right now there is a need of modifications in our education system which if we delay today, India will never achieve the objectives enshrined in the preamble.

Major modifications required are

Uniform syllabus curriculum throughout the nation: With this modification discrimination amongst schools will end. The major impact of this step will be that there will be no discrimination between government schools and private schools. With this step even the status of equality can be achieved and also help in achieving secularism as an objective. In present system there are many education boards like The State Board, CBSE, ICSE, etc. With these boards there has been a public perception about the state boards and the schools run by the government. Therefore there is an urgent need to end such perceptions and discrimination.
Compulsory and free education for children up to 18 years of age: This is the next major modification that currently needs to be done. Although it is quite difficult for the government to provide free education to the children throughout the country, but atleast free education can be implemented in government schools. It is high time that the government starts investing in education sector. My intention for increasing the age limit up to 18 years is to decrease the juvenile crimes. Proper education to the children up to 18 years of age might help up to some extent decrease the juvenile crimes.
There must be only one university that governs the curriculum of almost all professional studies: In my opinion there must be only one university that governs almost all professional studies because the real competition between the colleges must be based on the talent of the teachers and not the varied subjects which ultimately leads to discrimination and further leads to business. But that doesn’t mean that existing universities must be decommissioned, instead they must help in implementing the curriculum.

Conclusion:

These are some of the major modifications which I feel is the need of the hour for our country. I strongly feel that it’s the improperness of our education system that has given rise to the burning issues of our country. Therefore education is the base for a stable country. Teachers are the professionals on whom our education sector depends. As I said earlier best school or college must completely based on the talent of the teachers. Today in our country, teaching profession has lost its value. In our country farmers and teachers have completely lost respect to their profession. The government must take initiatives to bring a respect for the profession and encourage more applicants for the profession.