A STUDY OF THE CURRENT LEGAL POSITION REGARDING THE OWNERSHIP OF INTELLECTUAL PROPERTY RELATED TO THE USE OF ARTIFICIAL INTELLIGENCE FOR BIOMEDICAL INNOVATION

Abstract

At the advent of the digital revolution, few people imagined our lives would be so rapidly focused on digital technologies as they have become. Indeed, outside the realms of science fiction, the idea that digital technological systems could be given intelligence functionalities that could exceed human capabilities in a potentially infinite manner was unexpected. 1 The present generation of tech is marked by the development of “exponential technologies”, which are systems that are capable of doubling their performance in relatively short periods. 2 The “relatively short period” is tagged at 18 months for most technologies as that are the period most conventional technologies get streamlined and efficient. 3 However, even the exponential technology principle is fast becoming outdated since new generations of digital systems are tending to improve existing devices, integration systems, and architectures, and enhance their functionalities at speeds that were not imaginable a few decades ago. 4 Examples of revolutionary technologies include Artificial Intelligence (AI), the Internet of Things (IoT), and Blockchain technologies. Artificial Intelligence (AI) stands out because it is an algorithmic system that enables computers and machines to appear to replicate human capabilities and problem-solving competencies, 5 albeit through the use of statistical algorithms and the analysis of big data. In In other words, AI uses the flexibility of the architecture, systems, and devices of the new generation of exponential technological systems to program and integrate rapid decision-making into devices. 6 This means that AI functions on the ability to give computers and machines have the conventional human ability to respond to facts and data and make reliable and repeatable decisions.