According to the Public Relations Office of the Institute for Culture and Islamic Thought, quoting Hawzah News Agency, in the scientific event “Ownership of Big Data,” Dr. Mahmoud Hekmatnia, a member of the Faculty of the Jurisprudence and Law Research Group, examined the challenges and various aspects of intellectual property in today’s world. He addressed fundamental questions regarding intellectual property and its related concepts.
In the first part, he analyzed fundamental questions about intellectual efforts, the use of ideas and inventions, and highlighted the complexities of these issues in the modern and industrialized world.
In the second part, he analyzed intellectual property from two perspectives: legal and protective, and discussed the challenges existing in this field. He addressed ways to safeguard individual rights and prevent misuse of inventions and ideas.
In the third part, the director of the Intellectual Property Group at the institute focused on the applications of data derived from intellectual property, emphasizing their crucial role in advancing technologies and new inventions. This segment specifically highlighted the value of such data and how it could be used to achieve scientific and economic progress.
What Exactly Is the Claim of Intellectual Property?
Hekmatnia stated regarding the claim of intellectual property: “In our country, there are misconceptions about intellectual property that require starting from scratch to analyze these claims. Intellectual property considers three main issues, one of which is economic and answers three fundamental questions that lead to various solutions, including intellectual property. In my book, The Intellectual Property System, I have explained these issues and their solutions and outlined the reasons for their success.”
He added: “Three main issues exist in this area. I will mention one and then answer four related questions. In the industrial world, the goal was to create new products. Before industrial discoveries, industries were solely based on exploration, but the industrial era combined discovery with production. Ancient philosophy focused on discovery but did not contemplate production. The industrial world achieved production and invention through knowledge and creation. A shovel, for example, as a tool for moving soil, is one such invention. Initially, these inventions were not industrially produced, but industries later applied the laws of nature and various techniques to enable this.”
The faculty member continued: “In the past, the relationship between producer and consumer was straightforward, but in today’s world, it has become more complicated. One fundamental question is: who should bear the cost of intellectual efforts, and how should they be utilized? In the industrial era, the issue was how someone who created an idea or invention could reap the benefits and exploit it. If an invention was not officially registered, others could use it, thereby reducing its costs.”
What Role Does Intellectual Property Play in Existing Data?
Hekmatnia explained the role of intellectual property in existing data: “Intellectual property was introduced as a solution to problems associated with inventions and data. This involved emphasizing the official disclosure of information and ideas. After an idea is officially disclosed, exclusive rights are granted to the inventor, including rights to production, import, storage, sale, and distribution. This approach alleviates fears of misuse of inventions, allowing inventors to benefit from their rights. For instance, inventions like zippers for trousers gain recognition through official registration and can be regarded as intellectual assets contributing to human development.”
He further highlighted the use of artificial intelligence (AI) in generating new products, saying: “Can inventions created by AI be officially recognized as intellectual property? This question is still under discussion. Simultaneously, the legal challenges surrounding big data and its management have also been raised.”
The director of the Intellectual Property Group added: “In intellectual property law, the concept of exclusivity exists, allowing individuals to restrict others from accessing their inventions or data. However, in the realm of big data—which encompasses vast amounts of information—this exclusivity might face challenges. Intellectual property is categorized into three main branches: literary and artistic ownership, industrial and technological ownership, and ownership of brands or distinctions. These concepts are particularly relevant in modern industries like AI and advanced technologies.”
Hekmatnia continued: “Intellectual property in today’s world, particularly in the realm of industrial innovations and advanced technologies—such as AI, the Internet of Things, and big data—has gained increasing importance. Fundamental questions about property rights and managing these assets persist.”
He added: “In the AI industry, there are complex legal questions, particularly around the ownership of works produced by this technology. Generally, intellectual property rights belong to humans. However, with the emergence of AI capable of creating ideas, inventions, and even artistic works, the question arises whether these creations can be considered intellectual property and their ownership determined. Can AI, which independently creates new productions without human involvement, be recognized as the owner of inventions or works?”
The faculty member elaborated: “In response to these questions, some believe that AI is merely a tool designed by humans, and ultimately, property rights should belong to humans. These individuals argue that AI lacks awareness and will, thus cannot hold intellectual property rights. Others, however, contend that considering AI’s capabilities in producing new products and macro-level predictions, intellectual property rights might need to be adjusted to account for AI as well.”
Hekmatnia referred to the world of big data and said: “The issue in the world of big data becomes similarly more complex. Data is recognized as a highly valuable resource that can pave the way for significant innovations and economic transformations. However, given the enormous volume of these data and the various uses made of them, questions arise about whether this data should be under individual or organizational ownership or should be made available to society as public resources.”
The head of the intellectual property group at the research institute stated: “These questions continue to be the subject of broad legal and philosophical discussions, requiring more detailed investigations and alignment with current technological developments.”
What applications will data originating from intellectual property have?
Hekmatnia continued by referring to the applications of data resulting from intellectual property and said: “If data are considered intellectual property, the rights related to them must be clearly defined. Questions that arise in this regard include whether the owner of the data should be allowed to profit from them, and whether the use of data to produce new products and services, without the owner’s permission, is permissible. These issues, especially at a macro level, require the drafting of new and clear laws.”
He added: “In this regard, companies and research institutions play an important role. In the field of artificial intelligence and big data, some companies with substantial investments, are looking to invent technologies that can analyze human data and human inventions and make more accurate predictions in various fields, including health, economy, and new technologies. In such cases, data are considered a key and essential resource for the development of inventions and technologies.”
The head of the intellectual property group at the research institute continued: “The legal discussions surrounding big data and artificial intelligence are seriously taking shape. One of the biggest challenges is the issue of property rights and the use of this data in the digital world. Until new laws and regulations are developed to manage data and inventions generated by artificial intelligence, many of the legal and ethical issues in this field will remain unresolved.”
A faculty member of the Islamic jurisprudence and law group at the research institute emphasized: “In this regard, governments must also play their part. Governments must seek to create infrastructures that both protect intellectual property rights and prevent the unauthorized use of data. Monitoring the use of data and regulating the data market, especially at the international level, is of particular importance.”
Hekmatnia finally stated: “Intellectual property in today’s world is not only limited to inventions and artistic works, but has also expanded to data and information. Artificial intelligence and big data, as emerging and infinitely valuable resources, have given rise to new challenges in intellectual property law, which require further discussion and research. These issues, especially in the digital age, have made the need for the drafting of new laws and the determination of rights for data and invention owners even more critical.”