AI & IP: What Happens Next

We have entered a generation where Artificial Intelligence (AI) is creating a tectonic shift in the way people interact with technology. Humans are being replaced by Artificial Intelligence to perform the automatic complex cognitive tasks. AI is trying to build the transhumanism system where it can outperform human capabilities. Though AI has failed to link intelligence and consciousness, it was able to build a Neural network technology which is designed in a way similar to the human brain. 

This process of AI is creating ripples in the trademark law. As AI reduces the human involvement in the product suggestion and product purchasing process then the validity of the traditional trademark law is questioned. Traditionally, a trademark is treated as a tool for the source identification and hence the legal protection but in the modern world the trademarks changed their character and are also being used as an effective tool for both the corporate and social communication.

Once machine learning replaces the human then the aspect of source identification evaporates whereas they can directly recollect the source by analyzing the data. And by this questions are raised regarding the basic tenants of the trademark law include likelihood of confusion, initial interest confusion, post purchase confusion, average consumer and imperfect recollection where AI is not going to face any of the confusions and it will perfectly recollect the source. 

These are some of the aspects where AI is hitting hard at the trademark law. It appears that trademark law needs to adopt or reform or evolve according to the technological changes but it is highly impossible to get rid of the trademark law as long as there is an emotional chord between the consumer and brand.