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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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SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997)

Volume III Issue II /

SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997) Pavithra. K, 5th semester, BBA LLB (Hons.), School of Legal Studies, CUSAT Download Manuscript doi.org/10.70183/lijdlr.2025.v03.62 A legal battle over intellectual property between two countries that shook the whole global market stands as a cornerstone in the evolution of intellectual property law in India. The Basmati Rice Dispute (India v. RiceTec Inc., 1997) became an influential case that pressed for the protection of traditional knowledge and geographical indications, setting a legal precedent. India’s rich biodiversity has served as a magnet, attracting foreign countries. Since time immemorial, rice has been a staple food in most Asian countries, with India being a major exporter of Basmati rice. The US patent claim on Basmati, which infringed India’s traditional knowledge rights, disregarded the cultural, agricultural, and geographic origins of Basmati rice. RiceTec’s attempt to deceptively capture the global market for Basmati rice was strategically defeated by India. As a result, RiceTec withdrew 15 claims out of 20 claims they asserted in the patent application and the title was amended to “Rice Lines Bas867, RT 1117 and RT1121”, thereby safeguarding the distinct identity of Basmati rice. Even though RiceTec retained certain claims, it was not permitted to use the term “Basmati,” which marked India’s success in the legal battle. The major outcome of the dispute was the introduction of Geographical Indications of Goods (Registration and Protection) Act, 1999, a legal reform that removed the lacunae in addressing the geographic origin of varieties. It also accelerated global awareness of biopiracy and need for the protection of traditional knowledge. This article seeks to analyse the Basmati rice dispute and its economic, cultural, and legal impact through the FILAC methodology, a structured legal analysis framework. This case holds greater global significance, as developing countries are still facing challenges in protecting their traditional knowledge and indigenous products.

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CAN ALGORITHMS BE PATENTED? THE BATTLE BETWEEN TECH GIANTS

Volume II Issue IV /

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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THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY

Volume 1 Issue IV /

THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY SHUSHMITHAA K J, STUDENT AT SASTRA DEEMED UNIVERSITY, THANJAVUR. Download Manuscript ABSTRACT The development of Artificial Intelligence (AI) has created a tremendous impact on today’s world. From AI assisted tools to current trend of AI generated inventions, we are witnessing a fast pace in technological development. They provide ultimate benefits in everyday lives which is unavoidable while it also awakens various issues and debates among the people. This paper explores the profound impact of AI on Intellectual Property (IP) and focuses on the issues that arise as a result of this intersection. As AI technologies continue to advance rapidly, questions surrounding the protection, ownership and infringement of IP becomes increasingly complex. This paper thus aims to provide an in-depth examination of these issues, offering insights into the evolving landscape of IP in the age of AI. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 395-409. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PATENT LAW IN RELATION TO BIOTECHNOLOGY

Volume 1 Issue 1 /

PATENT LAW IN RELATION TO BIOTECHNOLOGY Tusharika Mohan Singh Gaharvar, Law Student at Amity Law School, Amity University, Lucknow Download Manuscript ABSTRACT A patent is an exclusive privilege given to an inventor that allows them to utilize their creation without hindrance from others for a period of 20 years. Given its enormous economic value, a patent can be regarded as one of the most significant types of intellectual property rights. The history of patents is extensive, and the laws governing them have changed throughout time based on societal needs, the pace of innovation, and the complexity of those innovations. The Patent Act, 1970, as amended by the Patents (Amendment) Act, 2005, and the Patents Act RULES, 2006, governs patent law in India. In addition to inspiring the development of several innovators and playing a significant part in enhancing the country’s health, biotechnology has emerged as a valuable instrument for many researchers. Biotechnology requires major expenditure and research; patenting biotech inventions is important in the current era. According to recent case law, biological elements or chemicals that are created in laboratories but previously unavailable in the natural environment have won the right to be patented. Thus, the Biotechnology Patents in India were developed in order to safeguard the inventor’s interests and rights to patentability. In India, the application and grant processes for biotechnology patents are drawn out and time-consuming.

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