LIJDLR

AI-generated Works

INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES

Volume IV Issue I /

INTELLECTUAL PROPERTY IN THE AGE OF ARTIFICIAL INTELLIGENCE: A STUDY OF FASHION AND COSMETIC INDUSTRIES Sakshi Pratyush, LLM, Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.132 The rapid integration of AI into the fashion and beauty industries is transforming traditional ideas about creativity, innovation, and ownership. Fashion designers and cosmetic formulators increasingly use AI technologies to create fashion designs, predict trends, and formulate cosmetics. This is shifting from a creative process that centres on human beings and uses algorithms to create products. As this evolution continues to occur, there are enormous implications for the ways in which these industries and nations that foster them protect their respective forms of intellectual property (IP). The existing IP systems have been developed based upon the principles of human authorship and human invention; this has created barriers to the recognition of AI-generated outputs as IP under the current IP frameworks of copyright, design and patent. Through a careful examination of relevant judicial decisions (e.g., Thaler v. Vidal and Naruto v. Slater) and the provisions of Indian law (i.e., Eastern Book Company v. D.B. Modak), it is evident that there are significant limitations to what the existing IP framework can offer to protect AI-generated outputs. A comparison of the different ways in which AI is legally recognized in the U.S., UK, EU, and India shows a lack of recognition across all jurisdictions of AI as an author or inventor. This article has noted that there are still many unanswered questions regarding things like ownership, originality and liability as they relate to intellectual property rights (IPRs), and it has suggested that there is a need for an adaptable and flexible law regime (including a new type of protection – sui generis), to cover these areas. The article concludes that without speedy changes to existing IPR laws, they will become inadequate because of developments associated with artificial intelligence.

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ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY RIGHTS: LEGAL AND ETHICAL IMPLICATIONS

Volume IV Issue I /

ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY RIGHTS: LEGAL AND ETHICAL IMPLICATIONS Nilisha Gupta, B.A L.L.B 3rd year 6th Semester at GLA University, Mathura (India) Shweta Singh, B.Com L.L.B 3rd year 6th Semester at GLA University, Mathura (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.46 Artificial Intelligence (AI) is transforming the landscape of Intellectual Property Rights (IPR), raising fundamental questions regarding ownership, inventorship, and the adequacy of existing legal frameworks. Intellectual property rights have traditionally been designed to protect human creativity and innovation, ensuring economic benefits and incentivizing further research and development. However, the increasing autonomy of AI systems in generating inventions, artistic works, trademarks, and trade secrets challenges this human-centric structure. The study traces the evolution of IPR from early copyright and patent laws to international treaties and modern digital protection, demonstrating that legal systems have historically adapted to technological change. Yet AI introduces unprecedented complexities in determining originality, authorship, and enforceability. Several jurisdictions including the US, UK, and EU currently deny assigning IP rights directly to AI systems, though select legal decisions, such as the Australian DABUS ruling, suggest emerging flexibility. These inconsistencies highlight a growing global divide. Key concerns include whether AI-generated output meets originality standards under copyright law, how inventive contribution is assessed in AI-assisted patent filings, and the risk of widespread infringement where AI training uses copyrighted data without consent. Additionally, uncertainty persists surrounding economic impacts such as content devaluation and cross-border enforcement of digital works. The study emphasizes that while AI enhances innovation, efficient IP management, and market competition, it simultaneously threatens traditional creative industries if legal protections are not restructured. Ultimately, the document argues for adaptive global reforms that balance innovation incentives, public access, and ethical governance ensuring that both human and AI-driven creativity can coexist and thrive.

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