REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI

The rapid advancement of artificial intelligence (AI) has raised significant challenges for traditional intellectual property (IP) frameworks, particularly regarding authorship, ownership, and liability for AI-generated works. This paper examines these issues within the context of India’s IP laws, specifically under the Copyright Act of 1957 and the Patents Act of 1970, highlighting the limitations of these frameworks in addressing AI’s complexities.

AI-generated content blurs the line between human and machine creativity, making it difficult to assign ownership and enforce rights under existing legal structures that assume human authorship. Moreover, the patentability of AI-generated innovations is hindered by current laws that only recognize human inventors. The paper explores various challenges, such as determining liability for copyright infringement and the uncertainty of fair use when training AI models with copyrighted data. Proposed solutions include introducing new IP categories for AI-generated content, reforming authorship laws, enhancing transparency and accountability in AI systems, and developing AI-specific enforcement mechanisms. International cooperation and ethical considerations are also emphasized as critical to establishing a fair and effective global IP framework.

Ultimately, the paper argues for an updated legal landscape that balances innovation and protection, ensuring India remains competitive in the evolving AI landscape while fostering responsible and ethical AI use.