Artificial intelligence: India lacks clear IP laws around AI results

The development and deployment of artificial intelligence (AI) have become increasingly
prevalent in various industries, revolutionizing the way tasks are performed and decisions are
made. As AI technologies continue to advance, the issue of intellectual property (IP) rights
surrounding AI-generated results has come to the forefront.

Intellectual Property Laws in India In India, the legal framework for intellectual property is
governed by various statutes, including the Patents Act, of 1970, the Copyright Act, 1957, the
Trademarks Act, 1999, and the Designs Act, 2000. These laws protect different forms of
intellectual creations, such as inventions, literary and artistic works, symbols, and designs.
However, the existing IP laws do not explicitly address the unique challenges posed by AI-
generated outputs. The absence of specific provisions tailored to AI results creates ambiguity
and uncertainty regarding their protection and ownership.

The intersection of AI and IP laws in India gives rise to several challenges and ambiguities.
One of the primary issues pertains to the determination of authorship and ownership of AI-
generated works. Unlike traditional creations where human authors or inventors are
identifiable, AI-generated outputs may lack a clear human originator. This raises questions
about who should be attributed as the creator and rightful owner of the AI-generated results.
Additionally, the criteria for originality and inventiveness, are fundamental aspects of.
Another significant challenge arises in the area of liability and accountability for AI-
generated outputs. In cases where AI systems produce outputs that infringe upon existing IP
rights or cause harm, determining responsibility becomes complex. The lack of clarity in the
legal framework regarding the liability of AI systems and their operators further complicates
the resolution of such issues.

International Perspectives and Best Practices Looking beyond India, several countries and
international organizations have begun to address the intersection of AI and IP laws. For
instance, the European Patent Office (EPO) has issued guidelines for the examination of
patent applications involving AI and machine learning. These guidelines aim to clarify the
patentability of inventions that utilize AI technologies. Similarly, the United States Patent and
Trademark Office (USPTO) has published a report on the impact of AI on intellectual
property policy, highlighting the need to ensure that IP laws remain relevant and effective in
the AI era.
 Proposed Solutions involve the introduction of specific provisions or guidelines that
recognize the unique characteristics of AI-generated works and inventions. This may include
defining criteria for authorship and ownership, establishing clear liability frameworks, and
revisiting the standards for originality and inventiveness in the context of AI. Furthermore,
promoting transparency and disclosure requirements regarding the use of AI in creating
intellectual works can contribute to clarity and accountability. By mandating disclosure of AI
involvement in the generation of outputs, stakeholders can better understand the origin and
nature of the creations, thereby facilitating the determination of IP rights and responsibilities.
Additionally, fostering collaboration between legal experts, technologists, industry
stakeholders, and policymakers can facilitate the development of informed and adaptive
regulations that accommodate the evolving landscape of AI technologies.