Courts facing complex times due to AI, judges may not be able to believe evidence

In a recent development, Delhi High Court Justice Anish Dayal expressed his concerns about the impact of artificial intelligence (AI) on the legal system. According to him, the introduction of AI has made the job of judges more complex and difficult than before. The reason behind this is that the judges may not be able to believe the evidence presented before them, which poses a significant challenge to the courts. With the rise of deep fakes and other sophisticated AI technologies, it has become increasingly difficult to distinguish between authentic and manipulated evidence, making it harder for judges to make fair and impartial decisions. This has led to a growing debate about the role of AI in the legal system and how it can be used effectively without compromising the integrity of the judiciary.

Justice Dayal recently delivered a speech at the 3rd IP Excellence Awards and Global IP conclave, titled 'Envisioning India's IP - Innovation Ecosystem for Viksit Bharat', which was organized by ASSOCHAM. During his address, Justice Dayal expressed his concerns regarding the impact of Artificial Intelligence (AI) on the legal system. He stated that as we enter the era of AI, we are faced with a challenging and complex time, where we may not be able to rely on the evidence that is presented before us. This is a significant issue, as the legal system relies heavily on evidence to make informed decisions. Justice Dayal's comments highlight the need for us to consider the implications of AI on the legal system and to ensure that our justice system remains fair, transparent, and trustworthy.

According to a statement released by ASSOCHAM, Justice Dayal has stated that the establishment of the Intellectual Property (IP) division marks a significant and new chapter in the field of IP adjudication. This development comes after the Intellectual Property Appellate Board (IPAB) was abolished in 2021. This decision is expected to have far-reaching implications in the field of intellectual property law in India, and it is hoped that the new IP division will provide a more streamlined and effective resolution of IP disputes.

On February 28, 2022, the Delhi High Court established the first intellectual property division, which put an end to a long-standing lack of clarity and introduced a revolutionary system of technical advisors. The IPD of the Delhi High Court has embraced modern methods such as hot tubbing, confidentiality club, video conferencing, electronic evidence, and transcription, which will ensure a fair and efficient resolution of intellectual property disputes.

According to the judge, in the first year alone, the IPD received 1,000 cases related to all aspects of intellectual property rights (IPR), which demonstrates the high demand for a specialized court in this field. In 2023, a total of 1,300 cases were filed, including 750 civil suits, 300 trademark rectifications, and 51 patent appeals. This highlights the significance of the IPD in addressing the growing number of intellectual property disputes and providing a platform for the parties to resolve their disputes in a fair and timely manner.

The introduction of the IP division, along with the innovative system of technical advisors and modern methods, has significantly enhanced the legal framework for protecting intellectual property in India. The IPD of the Delhi High Court is setting a new standard for the resolution of intellectual property disputes and ensuring that the rights of creators and innovators are protected.

Justice Dayal, while speaking on behalf of a responsible adjudication institution, reported that out of 1300 cases, 1352 were disposed of in the year 2023. This significant reduction in pending cases is indicative of the institution's clear-eyed approach towards disposals. It is worth noting that the IP division established by the Delhi High Court was recognized by the parliamentary committee, which went so far as to state that the Intellectual Property Appellate Board (IPAD) does not need to come back. Additionally, during the conclave, IP Excellence Awards were presented to path breakers and leading innovators in the IP ecosystem, further highlighting the institution's commitment to recognizing and honouring contributions to the field.

Conclusion

Justice Anish Dayal's remarks underscore the profound impact of artificial intelligence on the legal system, particularly in the realm of evidence evaluation, and emphasize the importance of maintaining fairness and transparency in judicial proceedings. The establishment of the Intellectual Property division within the Delhi High Court represents a pivotal step towards addressing the evolving landscape of intellectual property disputes in India. Through the adoption of modern methodologies and the dedication to timely resolution, the IP division is not only facilitating efficient dispute resolution but also safeguarding the rights of creators and innovators. The recognition received by the IP division further underscores its significance in the legal framework. Moving forward, continued efforts to adapt to technological advancements while upholding judicial integrity will be essential in navigating the complexities posed by AI in the legal domain.