HC Justice Anish Dayal said we may not believe the evidence presented before us

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The use of Artificial Intelligence (AI) technology is increasing with each passing month and it is also reaching new, hitherto untouched areas. As much as technology is bringing advancements and making our daily lives easier, it is also creating various challenges in the law and order sector. Misuse of AI is a common fear across the world and now, at the IP Excellence Awards, High Court Judge Anish Dayal has highlighted major concerns about the use of AI and how it can affect judicial decision-making. Find out what Justice Dayal had to say about this emerging technology and its threat potential.

AI challenges judicial decision-making

HC Justice Anish Dayal attended the third IP Excellence Awards at the conclave organized by ASSOCHAM where he addressed the audience on the challenges of AI and how it will impact decision making.

On the impact of this technology on the legal system, Justice Dayal said, “With the advent of AI, we have entered a very interesting, complex and difficult time.

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Keeping things in perspective, Justice Dayal revealed its wider implications. “We may not believe the evidence presented before us,” he said.

Addressing the audience, he spoke about the abolition of the Intellectual Property Appellate Board (IPAB) and the creation of the first Intellectual Property Division to handle IP disputes and bring clarity and efficiency to the IP justice system, ANI reported.

Justice Dayal said that in recent times the Delhi High Court has adopted various advanced techniques for IP legal system like hot tubbing, privacy club, video conferencing, electronic evidence and transcription.

Justice Dayal also highlighted the positive impact, “With our commitment to efficient adjudication with focus on timely solutions, out of 1,300 cases, a total of 1,352 cases were disposed of in 2023, thereby significantly reducing the backlog.

At the event, John Cabeca, US Intellectual Property (IP) attorney for South Asia, also spoke about AI and emerging technologies. Cabeca said, “A recurring theme today is what we're going to do with emerging technology and AI as it continues to challenge our systems. We had in-depth conversations and shared our experiences on a range of issues, from patent and trademark opposition actions to IP enforcement, quality testing, as well as the copyright side and how we do copyright registrations, laying the foundation for continued collaboration.”

AI is throwing various challenges to the IP ecosystem and governments around the world are making this technology a high priority to “secure our own citizens, our own innovations and not impact our privacy,” Cabeca added.

Justice Dayal's comments on the challenges of AI are worrisome, but also a relief that the judiciary is working its way to deal with new-tech cases, including threats posed by AI.

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