LIJDLR

Artificial Intelligence

ARTIFICIAL INTELLIGENCE IN HEALTHCARE MANAGEMENT: OPPORTUNITIES AND RISKS, MAPPING LEGAL PATHWAYS AND PROTECTING PATIENT RIGHTS

Volume IV Issue I /

ARTIFICIAL INTELLIGENCE IN HEALTHCARE MANAGEMENT: OPPORTUNITIES AND RISKS, MAPPING LEGAL PATHWAYS AND PROTECTING PATIENT RIGHTS Manoj Kumar G, Guest Faculty, Dr. B.R. Ambedkar Department of Legal Studies, Acharya Nagarjuna University, Guntur (India) Kuchalapati Suma, LLM Scholar, Dr. B.R. Ambedkar Department of Legal Studies, Acharya Nagarjuna University, Guntur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.100 Artificial Intelligence (AI) has emerged as a transformative force in healthcare management, reshaping clinical decision-making, hospital administration and patient engagement, with its trajectory evolving from early expert systems such as MYCIN in the 1970s to contemporary machine learning algorithms now deployed in diagnostics and hospital operations, the COVID-19 pandemic accelerated the adoption of digital health solutions, telemedicine platforms and virtual hospitals, underscoring the potential of AI-enabled systems to deliver accessible, efficient and scalable healthcare, while simultaneously raising complex legal, ethical and governance challenges that demand rigorous scholarly inquiry. This paper examines the historical evolution, emerging trends and future directions of AI in healthcare management through the lens of legal research, situating AI within the broader framework of digital health, telemedicine and virtual hospitals and interrogating the ethical and legal dilemmas that accompany algorithmic decision making, particularly issues of data privacy, informed consent, liability and accountability. Statutory frameworks such as the Health Insurance Portability and Accountability Act (HIPAA, 1996) in the United States, the General Data Protection Regulation (GDPR, 2016) in the European Union, and India’s Digital Personal Data Protection Act, 2023  provide critical benchmarks for evaluating the adequacy of existing legal safeguards, while landmark judicial pronouncements including Justice K.S. Puttaswamy v. Union of India (2017), which recognized privacy as a fundamental right in India and Teladoc v. Texas Medical Board (2015), which addressed telemedicine licensing disputes in the United States, illustrate the judiciary’s evolving role in mediating the intersection of law, technology and healthcare. The paper further explores ethical imperatives of transparency, fairness and equity in AI-driven healthcare delivery, noting risks of algorithmic bias, unequal access to digital health infrastructure and opacity of machine learning models and argues that future directions must include harmonization of cross-border telemedicine regulations, establishment of institutional AI ethics boards and integration of blockchain technologies for secure health data management, ultimately underscoring the necessity of adaptive legal frameworks that balance innovation with accountability and emphasizing interdisciplinary collaboration between law, medicine and technology to ensure AI advances human welfare while safeguarding fundamental rights.

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RETHINKING MENS REA & CRIMINAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE

Volume IV Issue I /

RETHINKING MENS REA & CRIMINAL LIABILITY IN THE AGE OF ARTIFICIAL INTELLIGENCE Swati Kumari, Student, 4th year student at Bharati Vidyapeeth (deemed to be university), New Law College, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.89 Artificial Intelligence has moved beyond being a mere technological aid and now performs functions that involve independent decision-making, often with serious real-world consequences. This shift raises difficult questions for penal law, particularly in relation to the requirement of mens rea. While harm caused by AI systems can usually satisfy the element of actus reus, identifying a guilty mind becomes difficult when the actor is a non-human system lacking consciousness or intent. This paper examines whether existing principles of criminal liability are capable of addressing harms caused by AI, or whether their application reveals a structural problem. It analyses the problem of legal personhood in intelligent systems and evaluates different approaches to liability, including perpetration through another, natural and probable consequences, and direct liability of AI. using real incidents involving autonomous vehicles and AI-driven decision making, the paper argues that attributing criminal responsibility directly to AI risks weakening the moral basis of criminal law. Instead, it supports a framework that places responsibility on human actors involved in the design, deployment, and supervision of AI systems, while emphasising the need for preventive regulation to address emerging risks.

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REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA

Volume IV Issue I /

REVISITING ARBITRABILITY IN COMPETITION LAW: A COMPARATIVE ANALYSIS AND THE INDIAN DILEMMA Muskan Arora, B.A. LL.B. (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Aditi Raikwar, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Mohit Jain, B.S.C LL.B (Hons.), 8th Semester, Student at National Law Institute University, Bhopal (India). Download Manuscript doi.org/10.70183/lijdlr.2026.v04.68 The question of whether competition law disputes can be resolved through arbitration has long been a subject of debate. Traditionally, such disputes have been considered non-arbitrable, as they involve public interest concerns like ensuring fair market competition, consumer protection, and preventing monopolistic practices. However, in recent years, jurisdictions like the United States, the European Union, and Canada have gradually recognized the limited arbitrability of competition law disputes, provided they pertain to private commercial arrangements rather than broad regulatory concerns. This shift is driven by a pro-arbitration approach aimed at fostering international business confidence and providing parties with a flexible, efficient dispute resolution mechanism. In contrast, India has yet to formally adopt this evolving stance. Competition law disputes are generally perceived as falling under the exclusive jurisdiction of the Competition Commission of India (CCI), with arbitration being viewed as an inadequate forum due to its private and confidential nature. However, with the increasing complexity of commercial arrangements and the growing importance of arbitration in cross-border trade, it is necessary to reevaluate India’s approach. This research examines whether India can allow arbitration in certain competition law matters, particularly those involving rights in personam (private contractual disputes) while safeguarding cases concerning rights in rem (public interest and regulatory matters) within the domain of the CCI. By analyzing legal frameworks in the US and the EU, this study seeks to explore a balanced approach for India. It evaluates the legal challenges, policy considerations, and potential solutions that could allow partial arbitrability of competition law disputes, aligning India with global best practices while upholding its regulatory framework. This research further delves into the key developments under the Competition (Amendment) Act, 2023, all of which have implications for arbitrability. The study proposes that adopting mechanisms like the Second Look Doctrine, where courts retain limited review powers over arbitral awards in competition matters, could provide an optimal solution. Ultimately, this paper argues that India must modernize its stance on arbitrability in competition law to facilitate commercial certainty, attract foreign investments, and strengthen its dispute resolution framework. While competition law’s core regulatory function must remain intact, selective arbitrability of private disputes can serve as a progressive step toward legal efficiency and economic growth.

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AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE

Volume IV Issue I /

AUTHORSHIP ISSUE IN INDIAN COPYRIGHT LAW FOR WORKS CREATED BY ARTIFICIAL INTELLIGENCE Harini V. S, IV-year B.B.A LL. B (Hons), Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.67 Artificial intelligence (AI) is increasingly participating in creative processes such as writing, music composition, and visual art production, raising complex questions for copyright law worldwide. In India, the Copyright Act, 1957 is premised on a human-centric understanding of authorship, reflecting the traditional assumption that creativity originates from natural persons. However, the growing capacity of AI systems to generate content with minimal or no human intervention challenges this foundational premise and creates uncertainty regarding authorship, ownership, liability, and the scope of legal protection for AI-generated works. This paper examines the widening gap between rapid technological development and India’s existing copyright framework. Adopting a doctrinal and comparative research methodology, the study analyses statutory provisions and judicial interpretations under Indian copyright law while comparing regulatory approaches adopted in jurisdictions such as the United Kingdom, the United States, and the European Union. Through this analysis, the paper identifies significant doctrinal and practical limitations in the current Indian legal regime, particularly its inability to adequately address authorship questions arising from algorithmically generated creative outputs. The study argues that the present framework is insufficient to resolve emerging disputes in technologically driven creative industries. To address this lacuna, it proposes the exploration of policy alternatives such as a carefully designed sui generis protection regime or a limited rights model that recognizes economic interests in AI-generated works without undermining the central role of human creativity in copyright law. Such reforms would provide greater legal certainty, encourage innovation, and support investment in AI-driven creative sectors. Ultimately, the paper contends that timely legal reform is essential for aligning India’s copyright system with contemporary technological realities while preserving the normative foundations of human intellectual authorship.

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MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS

Volume IV Issue I /

MEDIA AND ENTERTAINMENT UNDER THE LENS OF INTELLECTUAL PROPERTY: ISSUES AND CHALLENGES AND THE NEED OF REGULATORY REFORMS Ananya Yadav, LLM Student (Intellectual Property) Student at Christ Deemed to be University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.61 Intellectual Property Rights serve as the backbone of the media and entertainment sector, protecting creative works and rewarding innovation. In the digital age characterized by rapid technological change, globalization, and an explosion of online content the effective enforcement and evolution of IPR have become increasingly complex yet essential. This article examines the role of intellectual property law in safeguarding creative works such as films, music, literature, digital media, television programs, animation, and broadcast material from unauthorized use. It further analyzes emerging legal challenges including copyright piracy, digital streaming infringements, deepfake technology, artificial intelligence-generated content, and user-generated media within contemporary regulatory frameworks. It also discusses legal uncertainty, jurisdictional boundaries, and enforcement problems in various markets. It also addresses the relative efficacy of existing regulatory schemes and complexities fueled by the borderless nature of the internet, which renders national law inadequate in dealing with cross-judicial infringements and require reform, highlighting the need for harmonized global policy, digital rights management and evolving legal interpretations to strike a balance between the interests of creators, consumers and intermediaries. And particularly the evolution of user-generated content and remix-culture pose new challenges to originality, authorship and fair use. The paper concludes by proposing strategic reforms, including strengthened cross-border cooperation, simplified copyright licensing mechanisms, enhanced digital rights education, and the modernization of outdated laws to address evolving technological realities. There should be a balanced, adaptable, and vision-oriented IPR regime to support creativity, safeguard rights, and promote balanced growth in the world media and entertainment sector.

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ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA

Volume III Issue IV /

ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA Balaji N, PhD Scholar, Reva University, Bangalore (India) Dr. Nagaraja V, Professor, Reva University, Bangalore (India) Dr. Praneetha B S, Principal, Seshadripuram Law College, Bangalore (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.214 Artificial Intelligence has become key tool in today’s technologically driven world. It may be science, technology, space, medicine, commerce or accounts AI has become indispensible. This technology has indeed reduced burden on many sectors and also streamlined the procedure and helps in uniform documentation. The Courts in India have been facing the challenge with respect to over- loading of cases, burden on the Judges, under-staff and mainly documentation. Hence technology especially the AI as a tool can be a boon in reduction of these issues. The paper identifies the gaps in the procedure of the Court and tries to find ways to remove the gap by use of artificial Intelligence. The paper highlights why delays are caused and how the technology can support in easy functioning by reducing the burden on the stakeholders. The paper also analyses the laws relating to AI and its lacuna if any because in all over the world, the cases in the courts against the AI is increasing day by day, especially in the United States, Europe and now even in India. Increase in the cases in the courts also increases the concerns for the privacy of the individuals.

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THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FASHION INDUSTRY: NAVIGATING INTELLECTUAL PROPERTY RIGHTS THROUGH THE LENS OF COPYRIGHT LAW

Volume III Issue IV /

THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FASHION INDUSTRY: NAVIGATING INTELLECTUAL PROPERTY RIGHTS THROUGH THE LENS OF COPYRIGHT LAW Trupti Agarkar, BA LLB (Symbiosis Law School), LLM in IPTL (Jindal Global Law School) (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.192 Every sector breathes and expands with technology every day, including fashion. The fashion industry is constantly evolving and adopting new technologies, one of the most striking technologies is the Artificial Intelligence (AI). AI has multiple applications in fashion including assist in creating designs and patterns, predicting future trends, computing consumer data and improving service delivery. Nonetheless, the application of AI in fashion has dire consequences in law, specifically concerning Intellectual Property Rights (IP). As AI poses threats to the fundamental principles of IP law, exploring its implication on IP rights is of utmost significance. This research focuses on whether IP rights, specifically the Copyright and design rights, are applicable to the outputs of AI. It seeks to determine how much protection Indian IP laws, specifically the Copyright Act, 1957 provide for works created by AI. Problems such as authorship, ownership disputes, and originality in relation to the Indian legal system are discussed. Moreover, the research analyzes the scope of protections available under Indian law for outputs created by AI. In addition, a comparison with other jurisdictions sheds light on how these AI-related laws of other countries deal with similar problems. The study elaborates on the notion that while AI presents vast opportunities for advancement in fashion, it also illuminates extreme concerns of integrating AI technologies into fashion business. Hence, for the ever-evolving IP laws, it is vital to balance technological advancements with protection for designers, creators and businesses.

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THE IP PROTECTION IN AI SYSTEMS: LEGAL ANALYSIS OF COPYRIGHT, TRADEMARK AND PATENT LAW

Volume III Issue IV /

THE IP PROTECTION IN AI SYSTEMS: LEGAL ANALYSIS OF COPYRIGHT, TRADEMARK AND PATENT LAW Purti Sharma, Amity Law School, Amity University Noida, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.122 Artificial Intelligence (AI) has significantly disrupted the conventional Intellectual Property (IP) laws and is presently considered as a novel source of creative and inventive contributions. The core problem originates from the fact that AI operates autonomously, thus, human authorship and creation are questioned along with issues of originality, ownership, and legal recognition. Both Indian and international statutory frameworks comprehend these issues through copyright, trademark, and patent law perspectives concerning AI, generated works and ideas. The foremost question in copyright law revolves around whether works created by AI can be considered as “original” and have an “author.” In order to determine the level of legal protection for works generated by machines, different legislations such as the U.S. Copyright Act of 1976, the Indian Copyright Act of 1957, and respective International Agreements are referred to. Artificial Intelligence, in effect, is a vital factor in branding strategies, in the generation of trade names, and in the evaluation of distinctiveness and the risk of confusion in trademark law. The change in technological viewpoint is noticeable in the provisions of the EU Trademark Regulations, the Lanham Act of 1946 (U.S.), and the Indian Trademarks Act of 1999 which deal with the issues of goodwill, consumer protection, and enforcement. Patent law is at a crossroad where questions of inventorship and novelty arise as a result of inventions created by or with the substantial involvement of AI. The Patents Act, 1970 (India), the U.S. Patent Act (35 U.S.C.), and The European Patent Convention (EPC) are the legislative instruments through which the discussions on whether AI can be recognized as an inventor are happening. The TRIPS Agreement (1995) serves as a basis for these talks at the international level. The primary goal is to determine whether the AI, IP law intersection is so complicated that it cannot be regulated by the existing legal frameworks alone and thus requires a reformed, specialized legal approach.

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FROM TRADITIONAL COLONIALISM TO DIGITAL CAPTURE – CHANGING DIMENSIONS OF ‘SOVEREIGNTY’ IN THE ERA OF AI AND GLOBALISATION

Volume III Issue III /

FROM TRADITIONAL COLONIALISM TO DIGITAL CAPTURE – CHANGING DIMENSIONS OF ‘SOVEREIGNTY’ IN THE ERA OF AI AND GLOBALISATION Jaskamal Kaur, LL.M. Student, School of Law, Lovely Professional University, Punjab (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.108 The increasing use of artificial intelligence and digital technologies has fundamentally altered global power dynamics, thereby introducing a new era of “Digital Colonialism.” It is different from traditional colonialism, which was based on territorial conquest and political domination. However, digital colonialism is exercised through control of data, digital infrastructure, algorithms and platform governance. This paper discusses the shift from historical colonial structures and processes to new forms of digital dependencies where, frequently, multinational technology corporations and platforms powered by artificial intelligence set themselves up as quasi-sovereign actors. It is diluting the regulatory capacity of nation-states. This study examines the competing nations of the United States, China, the European Union, and India. It is a new way of expanding their presence beyond national physical borders. Furthermore, the paper highlights the multidimensional risks that digital dependencies carry, ranging from economic vulnerability to political manipulation and cybersecurity issues. The research shows how dependency on foreign-owned digital platforms can undermine national autonomy and the inequalities of power between the world’s rich and poor. It concludes by providing recommendations which include strengthening domestic digital infrastructure, adoption of robust data governance, as well as promotion of digital public goods. This will contribute to a deeper understanding of the role of digital technologies in redefining sovereignty, power, and governance in the contemporary global order.

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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA

Volume III Issue II /

PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA KAVIDHARANI R, Presidency University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.75 The integration of Artificial Intelligence (AI) in law enforcement has led to the rise of predictive policing, an emerging technique that uses data analytics and machine learning to forecast potential criminal activity. While such innovations promise to enhance efficiency and prevent crime, they raise critical concerns in a constitutional democracy like India, where the values of liberty, equality, due process, and human dignity form the bedrock of governance. This paper critically evaluates the deployment of AI-driven predictive policing technologies in India through the lens of constitutional morality; a normative framework rooted in the transformative vision of the Indian Constitution. Focusing on initiatives such as CMAPS (Crime Mapping, Analytics and Predictive System), facial recognition, and algorithmic surveillance, the paper explores the socio-legal implications of data-powered policing. It examines how algorithmic bias, lack of transparency, and mass surveillance mechanisms pose risks to privacy, reinforce structural inequalities, and challenge the principles affirmed in landmark judgments such as Justice K.S. Putt swamy v. Union of India. Through doctrinal analysis and comparative insights from global practices, the study highlights the tension between technological advancement and constitutional safeguards. The paper argues that in its current unregulated form, predictive policing risks deepening systemic discrimination and undermining democratic freedoms. It underscores the urgent need for a rights-based AI policy framework, judicial oversight, and algorithmic accountability. By contextualizing predictive policing within the constitutional morality framework, this study seeks to initiate a discourse that prioritizes human dignity and constitutional values over mere technological expediency.

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