LIJDLR

AI AND INTELLECTUAL PROPERTY RIGHTS

Mansi Sunil Narvekar, SY LLM, Business Law, KES JP Law College (India)

Artificial intelligence has transformed the digital economy by enabling the autonomous and semi-autonomous generation of creative works, technical solutions, and data-driven outputs. This rapid development has created significant challenges for existing intellectual property rights frameworks, particularly in relation to ownership, authorship, inventorship, protection, infringement, and enforcement. In the Indian context, the growing use of AI in software, pharmaceuticals, media, education, finance, and creative industries has made it necessary to reassess whether present intellectual property laws are capable of addressing AI-generated works and inventions. This paper examines the relationship between artificial intelligence and intellectual property rights with specific reference to copyright, patent, trademark, and trade secret regimes. It analyses the Copyright Act, 1957 and the Patents Act, 1970, and evaluates their adequacy in dealing with AI-created outputs. The study further considers the human-authorship and human-inventorship requirements reflected in Indian intellectual property law and case law, including Eastern Book Company v. D.B. Modak, R.G. Anand v. Deluxe Films, and Tech Plus Media Pvt. Ltd. v. Jyoti Janda. It also addresses recent Indian developments such as the RAGHAV/SURYAST Copyright Office episode and ANI Media Pvt. Ltd. v. OpenAI OpCo LLC, where the Delhi High Court considered copyright issues arising from the use of protected material for training large language models. The paper discusses whether AI-generated outputs should receive intellectual property protection, who should be recognised as the rightful owner, and how liability should be determined when AI systems produce infringing or unauthorised content. It argues that AI should not presently be treated as an independent author or inventor, but that human users may claim protection where sufficient creative control is exercised. The paper concludes that India requires clearer statutory standards, transparent attribution rules, and balanced liability mechanisms to encourage innovation while safeguarding human creativity and public interest.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 532–548.
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