Artificial Intelligence

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

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 / Jaskamal Kaur

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 / KAVIDHARANI R

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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ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH

Volume III Issue II / Rachana Mishra and Mustafa Khan

ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH Rachana Mishra, B.A.LL.B.(Hons) 5th year, SS Khanna Girls’ Degree College, Prayagraj Mustafa Khan, LLB, Integral University, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2025.v03.66 This article analyses the transformative impact of artificial intelligence on contract analysis, legal research, and all aspects of legal practice in India. In this article, we applied a qualitative methodology and, apart from it also include a literature review and statutory interpretation, so it examines how AI helps in enhancing efficiency, accuracy, and access to justice while also addressing some challenges such as data privacy, algorithmic bias, and ethical dilemmas. Now, essential takeaways highlight AI’s role in different places, like in automating routine tasks, reducing costs and advancing access to justice and risks like job displacement and regulatory gaps. The article cites many statutory frameworks which including the Information Technology Act, 2000, and the Indian Evidence Act, 1872, acknowledging the Indian legal regime’s limited engagement with AI-specific issues. It asserts that the Bar Council of India should work on AI ethical guidelines, mandate training, and include legal technology into law school academic programs to align innovation with ethical obligations.

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ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE

Volume III Issue II / Suryansh Mishra

ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE Suryansh Mishra, Symbiosis Law School, Nagpur Download Manuscript doi.org/10.70183/lijdlr.2025.v03.56 Issues protecting intellectual property have not been more challenging than when it comes to copyright law and artificial intelligence. The current trend in the use of artificial intelligence has caused unprecedented concerns in the copyright legislative sector. The mixed-method research approach applied in this paper implies the combination of doctrinal legal analysis and empirical investigation of the recent trends in litigation and regulating changes. This paper seeks to discover the current legal context surrounding the creation of AI-generated work through systemic examination of court submissions, regulatory papers, and industry briefings and provides a framework to which the fundamental questions of copyrightability, fair use and infringement of machine learning training data revolve around. Based on an examination of current legal proceedings, regulatory trends, and new jurisprudential components, the author discusses the ways in which old paradigms of copyright are changing to meet the unprecedented challenges that AI systems potentially offer in terms of creation, editing, and dissemination of content in massive quantities. Such a complex legal environment is identified to exist, as revealed in the research, where courts are taking a swing at core issues surrounding authorship, originality, among other outstanding issues touching on the free use of AI training. The category of research methodologies to be undertaken involves the analysis of more than 150 cases currently in litigation in a variety of jurisdictions and examination of regulatory frameworks in the United States, European Union, and other key jurisdictions, as well as the assessment of industry practices and technological solutions to the problem. The analysis will give an idea about the emerging trends in legal standards, possible ways of solving the issue, and the consequences of creators, technology companies, and people working in the law profession who operate in this changing environment.

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AI: A NEW TERROR UNLEASHED

Volume III Issue II / Bhoomi Jain

AI: A NEW TERROR UNLEASHED Bhoomi Jain, Student at Vivekananda Institute of Professional Studies, affiliated with Guru Gobind Singh Indraprastha University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.41 Artificial Intelligence is the study and development of computer systems that can copy intelligent human behavior.[1] With the new intelligent machines that enables a high level cognitive process accompanied with the data subscription, AI has presented an opportunity to supplement the human lives and make it easy for them to live their lives more luxuriously. But the increased use of AI has been supplemented by the potential risks associated with it, such as deep fake videos, dark web, online bots to negatively influence the opinion of the public etc. The rapid growth of AI is not only transforming various sectors but is also bringing new legal challenges, especially in the globe of cyber laws and traditional notions of mens rea and vicarious liability. Thus, this paper critically investigates paradoxical impact of AI on Indian cyber jurisprudence. The study analyses various legal frameworks along with judicial precedents and a comparative analyses of recent case studies. The paper begins by inspecting the inadequacy of the present statutory frameworks to subject liability in AI driven offences. The paper also gives a comparative analyses of EU, USA and China and India’s AI governance. Later, it also enlists some guidelines as to how can the nation adopt strict liability structure for AI operators and also enumerates certain advantages of AI if used in justice delivery system.

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AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS

Volume III Issue I / Rama Dutt

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS Rama Dutt, Assistant professor, Harlal School of Law, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.37 This research paper examines the evolving intersection of artificial intelligence (AI) and the right to privacy, focusing on how legal systems can reconcile rapid technological innovation with constitutional protections. The paper analyzes key legal frameworks, landmark judgments, and emerging regulatory approaches to AI globally. It also highlights the ethical implications of surveillance technologies, facial recognition, and predictive algorithms. The study concludes by proposing legal reforms and policy strategies to ensure responsible AI deployment that respects fundamental rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 920-932. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS

Volume III Issue I / Akanksha Priya

CRIMINAL ACCOUNTABILITY FOR AI: MENS REA, ACTUS REUS, AND THE CHALLENGES OF AUTONOMOUS SYSTEMS Akanksha Priya,Pursuing LLM in Criminal Law from Amity University, Batch 2024-2025 Download Manuscript doi.org/10.70183/lijdlr.2024.v03.13 Criminal accountability for harms caused by artificial intelligence systems presents profound challenges for traditional legal frameworks. The mens rea and actus reus pillars of Indian criminal jurisprudence face conceptual strains when applied to algorithmic decision-making. AI systems lack human-like mental states and discrete physical acts that form the foundation of criminal culpability. The Bharatiya Nyaya Sanhita, 2023 and other Indian laws inadequately address these accountability gaps. This article examines the conceptual and practical obstacles to AI criminal liability under current Indian legal frameworks. It analyzes relevant provisions of the Bharatiya Nyaya Sanhita and identifies their limitations in AI contexts. The article explores comparative regulatory approaches from the European Union, United States, United Kingdom, Singapore, and other jurisdictions. The article concludes by proposing legal and policy recommendations for India to address AI criminal accountability challenges. These include establishing AI-specific legislation, incorporating risk-based obligations, mandating human oversight for high-risk applications, and developing specialized enforcement capacities. The article emphasizes the urgent need for Indian legal frameworks to evolve beyond anthropocentric paradigms and accommodate the distinctive characteristics of artificial intelligence. Only through such evolution can India establish effective and legitimate mechanisms for attributing criminal responsibility when AI systems cause harm. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 273-303. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BEACONING THE ETHICAL AND LEGAL COMPLEXITIES OF AI REGULATION: A COMPARATIVE ANALYSIS IN INDIA AND CHINA

Volume II Issue IV / Sadaf Khan and Puneet Sharma

BEACONING THE ETHICAL AND LEGAL COMPLEXITIES OF AI REGULATION: A COMPARATIVE ANALYSIS IN INDIA AND CHINA Sadaf Khan, Student at Government New Law College, Indore Puneet Sharma, Student at Government New Law College, Indore Download Manuscript doi.org/10.70183/lijdlr.2024.v02.62 The relatively quick development of artificial intelligence (AI) has generated discussions about the advantages and disadvantages of this technology on a global scale. In a subsequent warning, the UN Secretary-General acknowledged that the “runaway development of AI without safety barriers” posed an “existential threat” that, if unchecked, could intensify global inequality.[1] This demonstrates the pressing need for strong governance frameworks to guarantee that the advancement of AI reduces risks while promoting societal benefits. China and India are two new AI research and development superpowers with different regulatory strategies influenced by their respective sociopolitical, cultural, and economic environments. India has taken a cautious and well-rounded approach to regulating AI, seeking to promote innovation while tackling moral issues like data security and privacy. Programs such as the National AI Strategy by NITI and the Digital India initiative. In order to promote innovation while addressing ethical concerns like privacy and data security, India has taken a watchful and well-rounded approach to AI regulation. Initiatives such as the Personal Data Protection Bill, the Digital India program, and NITI Aayog’s National AI Strategy clearly show India’s dedication to establishing a regulatory framework that protects individual rights while fostering the development of AI. Issues like poor infrastructure, a lack of funding, and a lack of digital literacy continue to be major obstacles to India’s full AI potential. China, on the other hand, has adopted a more persuasive, state-driven strategy and roadmap to become the world leader in AI technology by 2030. Prioritizing national security, the Chinese government has created thorough regulatory frameworks, such as the Deep Synthesis Provisions and the Generative AI Measures. The ethical repercussions of AI, algorithmic bias, and the potential for AI to fundamentally alter labor markets and worsen societal issues are among the challenges that both nations face, despite having clearly different regulatory frameworks. In order to ensure the ethical, responsible, and inclusive development of AI globally, this paper examines the regulatory differences between China and India and makes the case that international cooperation and the creation of sustained, accommodating governance frameworks are pivotal. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 415-440. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CAN ALGORITHMS BE PATENTED? THE BATTLE BETWEEN TECH GIANTS

Volume II Issue IV / Upasna Upadhyay

CAN ALGORITHMS BE PATENTED? THE BATTLE BETWEEN TECH GIANTS Upasna Upadhyay, 9th Semester, Student at Dr.Rizvi College of Law. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.50 Significant changes in a variety of industries are being driven by algorithms, which are at the heart of advances in machine learning, artificial intelligence, and emerging technologies. However, their enormous worth is frequently contrasted with difficulties in intellectual property law, especially when it comes to figuring out if they qualify for patent protection. Algorithms are crucial in forming economies, civilizations, and industries in the current era of technological progress. Algorithms provide the foundation of numerous revolutionary technologies, ranging from financial applications to artificial intelligence. At the nexus of technology and intellectual property law, the patentability of algorithms is still a controversial topic. As crucial elements of contemporary inventions, algorithms propel developments in finance, artificial intelligence, and other cutting-edge fields. With an emphasis on how international frameworks and pragmatic tactics arc influencing the legal environment around algorithm patentability, this article offers a thorough overview and explores the wider ramifications for competitiveness, creativity, and society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 179-184. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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