LIJDLR

Intellectual Property Rights (IPR)

INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA: REIMAGINING COPYRIGHT, PATENT, TRADEMARK, AND PERSONALITY RIGHTS IN THE DIGITAL AGE

Volume IV Issue III /

INTELLECTUAL PROPERTY RIGHTS AND ARTIFICIAL INTELLIGENCE IN INDIA: REIMAGINING COPYRIGHT, PATENT, TRADEMARK, AND PERSONALITY RIGHTS IN THE DIGITAL AGE Pragati Sharma, Ph.D Scholar, Netaji Subhash University, Jamshedpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.320 Artificial Intelligence (AI) has emerged as one of the most transformative technologies of the twenty-first century, fundamentally altering the manner in which information is created, processed, disseminated, and commercialized. The integration of AI into creative and innovative processes has generated unprecedented opportunities while simultaneously posing significant challenges to traditional legal frameworks governing intellectual property rights (IPR). Existing intellectual property regimes were developed on the assumption that intellectual creations originate from human ingenuity and labor. However, modern AI systems are increasingly capable of generating literary works, artistic content, software code, inventions, trademarks, and digital identities with minimal human intervention. The emergence of generative AI technologies such as ChatGPT, Gemini, Claude, Midjourney, DALL-E, and Stable Diffusion has intensified debates concerning authorship, ownership, originality, inventorship, and liability. These developments have exposed substantial gaps within existing intellectual property legislation across jurisdictions, including India. Courts worldwide are grappling with questions concerning the copyrightability of AI-generated works, the patentability of AI-assisted inventions, trademark misuse through automated digital platforms, and the unauthorized exploitation of personality rights through deepfakes and synthetic media. This article critically examines the intersection between intellectual property rights and artificial intelligence within the Indian legal framework. Through doctrinal and analytical research, it evaluates statutory provisions, judicial precedents, and emerging legal challenges associated with AI-generated intellectual creations. The article further explores comparative approaches adopted in the United States, the United Kingdom, and the European Union. It argues that while Indian courts have demonstrated remarkable adaptability in addressing technological disputes, comprehensive legislative reforms are necessary to ensure legal certainty, promote innovation, and protect creators in the evolving digital ecosystem.

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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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