AI, the future of

India ?
Lizbeth Alexy John
 INTRODUCTION
Intellectual Property Rights (IPR) is any rights which are given to any creator or inventor in order to safeguard his
inventions so that no other person can copy the idea or the concept one has thought of.
• Inventions now days are mostly based on AI
• It all began when the first cutting-edge computers started to decode enormous encoding machines during World War
II
AI is not a new phenomenon, over the past 70 years computer scientists such as Alan Turing, Marvin Minsky and John
McCarthy have broadened the technological and theoretical aspects of the same.

Artificial intelligence was founded as an academic discipline in 1956 when the american computer scientist John
McCarthy came to the conclusion that we needed artificially intelligent machines that could think and assess the situation
before people could understand it and come up with a solution. It was founded on the assumption that human intelligence
"can be so precisely described that a machine can be made to simulate it".

AI Ross, developed by IBM, has been adopted many law firms worldwide, particularly in the USA and is primarily used
to vet legal contracts, conduct legal research, and briefly summarize case laws etc.
Atabekov, O. Yastrebov
Bearing in mind the research results the authors would recommend to the Russian lawmakers to consider the following:
The possibility of introducing a self-regulation institute in the field of robotics, which will be able to develop standards and codes of
conduct that are mandatory for owners and owners of robot agents to comply with, as well as by the robot agents themselves. - The
introduction of such an institution as the authorized body at the national (federal) level in the field of robotics, that will be able to
determine the types of activity acceptable for robots, taking into account the fact that the robot is a source of great danger.

The world of AI is constantly evolving with todays IP innovators and strategists feeling the need to safeguard AI in order to get
patents. Previously, IP strategists employed traditional ways of searching when acquiring a patent. But with countries or people
often copying unique ideas leading to disharmony, Intellectual Property Rights was introduced.

India specifically doesn’t have specific laws that govern data protection but personal information is safeguarded under Section 43A
and Section 72A of The Information Technology Act.
• right to compensation for improper disclosure of personal information
• similar to GDPR(General Data Protection Regulation).
• India’s AI development lacks the necessary cultural infrastructure

(2017) Supreme Court declaring the Right to privacy as a Fundamental Right protected under the Indian Constitution
• Four committees were instituted by the Ministry of Electronics and Information Technology to emphasis and analyse multiple
ethical issues of AI (Citizen Centric Services; Data platforms; Skilling, reskilling and R&D; Legal regulatory and
cybersecurity.).
⚬ A Joint Parliamentary Committee is currently considering the PDP Bill - Personal Data Protection Bill 2019 based on a
What is IPR?
The rights related to intangible property owned by a person/company and guarded against use without
consent.
The rights referring to ownership of holding are called belongings Rights which aim to shield property
(creations of human intellect) by allowing the creators of trademarks, patents, or copyrighted works to profit
from their creations.
The Universal Declaration of Human Rights (UDHR) also refers to intellectual property rights under Article
27 which states that “Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.”

Any innovation, distinctive name, symbol, logo, or design that is applied commercially is considered to be
intellectual property.

In India, copyright protection is provided by the Copyright Act of 1957, which grants protection for both the
author’s economic and moral rights.
There are various
components of
IPR
1. Copyright
safeguards a creator’s ownership of their original literary and artistic creations.
The Right to Copy, which is only accessible to the creator or author of the original work. Anybody who copies the original piece to be
infringing, with the representation of an idea protected under copyright law, not the concept or content itself. The patent law is
responsible for the protection of the ideas.

2. Patent
Relating to inventions and grants the exclusive right, for a limited period of time.
Helps in creating a barrier that no one has the right to work on that invention, complete monopoly over his unique and new idea
(territorial)

3. Trademark
Defined under section 2(b) of The Indian trademarks Act 1999 as a “mark which is capable of being represented graphically and
which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their
packaging, and combination of colors.”

4. Geographical Indications (GI)

Various agricultural products consist of special qualities based on the climate or soil they are grown in. GI protects the name or the
origin of the product where it is grown or found. India GI’s can be registered under Act 1999. The duration of GI is usually 10 years
and after this renewal is required.

5. Trade Secrets
on private information that can be bought or licensed. Any invention that is not patented but is beneficial to the company can be kept
a trade secret.
What is AI?
AI can be stated as “intelligence exhibited by machines. ”

AI is also named Machine Learning, as there is a very thin wall between artificial intelligence and robotics, scientists
are working towards inventing robots, that can work as efficiently as humans and can possess the same emotions as
humans do.

AI’s main component, machine learning, is fed a lot more data and, when trained, will carry out a specific task.

Artificial Intelligence or machine learning plays a very vital role in the 21st century.

As it is often stated that AI would be given full autonomy and liberty to decide what’s good for them and to create
more of them. They would function just like humans and maybe even better than them.

India has no codified laws, statutory rules or regulations, or even government-issued guidelines, that regulate AI per
se. The obligations on this subject are set out in the Information Technology Act 2000.
 According to Section 13 of the Copyright Act 1957,
“for copyright to subsist in literary, dramatic, musical & artistic works, specifies that it should be
an original work.” But, the act does not define the term “original”

The Supreme Court in Eastern book co v D.B Modak Civil Appeal No. 6472 of 2004,
adopted the ‘Modicum Of Creativity’ standard for understanding whether a work will be awarded
or given copyright protection. So, the original copyrightable work must meet the minimum
requirements which are needed for creativity and it should not merely be an outcome of skill and
labor. Furthermore, as the threshold is not particularly high, an AI-generated work may meet this
originality standard and it should be copyrightable.

With copyright, AI in coming years would become more advanced and fully autonomous and
automatic, and it would be having full liberty to make its own decision through cognitive abilities.

As of now, only human authors of creative works may enjoy copyright protection. However a
scholar named Ryan Abbott stated that the idea of granting copyright to non-human authors, and
he further argues that the word “authorship” should be widened to incorporate both human and
non-human authors.
Significance of Intellectual Property in AI
In today’s technological environment, there is a growing interplay between patent laws and AI.
AI has been widely used to simplify the execution of fundamental processes and, primarily, reduce human effort. Today’s AI-
enabled systems are capable of performing tasks based on their crucial insights, which opens the door to the possibility of
innovation and new inventions.

Artificial Intelligence (AI) laws in India are still in their nascent stage. However, certain provisions in existing laws do have
implications for AI technology. One such area is Intellectual Property Rights (IPR), where AI technology can be used to create,
invent, or assist in various aspects of innovation.

The primary legislation governing IPR in India is the Indian Copyright Act, 1957, and the Patents Act, 1970. While there are no
specific provisions in these acts directly addressing AI, they can still be applied to AI-generated works or inventions. For example,
under the Copyright Act, works created by AI may not be eligible for copyright protection as they lack human creativity, considered
a key criterion for copyrightability.

In terms of patents, the Patents Act does not explicitly mention AI, but it allows for the patenting of inventions that are novel, non-
obvious, and have industrial application. If there is an AI-generated invention that meets these criteria, it can be eligible for patent
protection. However, the Act specifies that inventions created solely by a computer program or an algorithm without any technical
contribution are not patentable.
Telco v. AI PBAP,
Delhi High Court held that an AI-created compilation of data could be protected under copyright law if it involved skill,
judgment, and labor, irrespective of whether a human was involved in the creation.

Ferid Allani v. Union of India WP(C) 7 of 2014

Delhi High Court refused to grant a patent to an invention solely created using AI algorithms without any human intervention or
technical contribution.

Phonographic Performance Ltd. v. Eros International CS(OS) 1185/2006

Delhi High Court held that AI-generated musical works involving merely a compilation of pre-existing works without any
substantial originality cannot be considered for copyright protection. The court emphasized that copyright protection is reserved
for works displaying human creativity and originality.

Monsanto Technology LLC v. Nuziveedu Seeds Ltd AIR 2019 SC 559

Although not directly related to AI, this case dealt with patent rights in the agricultural sector.
The Supreme Court of India held that genetically modified seeds and their traits can be patented, provided they meet the
patentability criteria of novelty, inventive step, and industrial application.

Bayer Corporation v. Union of India: W.P. No. 1323/2013

Involved the grant of a patent for an AI-assisted drug discovery process.
The Delhi High Court stated that AI assistance in the drug discovery process does not undermine the patentability if the
invention meets the criteria of novelty, inventive step, and industrial applicability as per the Patents Act.
NITI Aayog is the fore front runner in doing so, for instance it has released two AI strategy documents for India: “Responsible AI” in February 2021 and
“Operationalizing Principles for Responsible AI” in August 2021.

The duo of laws for digital protection and right to privacy is the current law of India for AI coupled with separate guidelines targeting some specific industries.
Government of India has also set up committees under MoIT to analyse the issues with AI.

The country also has great hope that the expansion of the National Strategy For Artificial Intelligence will cover the remaining sectors that were not talked in this
discussion paper. Amid all this, the proposal of AI framework in Europe is setting precedent for not just India but all countries just like how the GDPR did.

The EU’s AI Act emphasises the need of openness and accountability in the development and deployment of AI systems, which might help India avoid the negative
implications of AI.
The Ministry of Electronics and Information Technology (MeiTY) is the regulatory body of AI in India. It has the responsibility
development, implementation and management of AI laws and guidelines in India.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 obligates the social media
platforms to exercise greater diligence regarding content on their platforms.

• In 2018, the planning commission of India came up with the National Strategy on Artificial Intelligence (NSAI) considering
setting up a panel consisting ministry of corporate affairs & the department of Industrial policy 7 promotion to look over the
regulation. Formation of IP regimes for AI upgrades and introduction of legal networks for data protection, security and
privacy.
• The Personal Data Protection bill was proposedby The Ministry of Electronics and Information Technology (MeiTY) in
2019 by a Joint Parliamentary committee- The Personal Data Protection Bill, 2019 is based on draft statute on data
protection.
• However, on Wednesday, August 3, 2022 the Central Government withdrew the Personal Data Protection Bill. Similarly The
Personal Data protection bill 2021 has also been withdrawn by government on August 2022.
• On November 18, 2022, the Ministry of Electronics and Information Technology presented a new law i.e., The Digital
Personal Data Protection Bill 2022 which contains replacement of 2011 rules (IT rules, 2011, regarding reasonable security
practices for the management of sensitive personal data or information) and existing laws. It has also the purpose to process
the data of an individual personally.
• Niti Aayog also worked towards the establishment of AIRAWAT– AI Research, Analytics and knowledge Assimilation
platform. AIRAWAT considers the requirements for better use of AI.
• In 2020, Niti Aayog drafted documents based on launching an oversight body and enforcement of responsible AI principles (
Safety & rehabilitee, equality, inclusivity, non-discrimination, privacy & security, transparency, accountability, protection &
reinforcement of human values) for Inspection of principles, formation of legal and technical work, creation of new
techniques and tools of AI and representation of India at Global standard.
CHALLENGES OF AI IN LAW IN INDIA
• Not accepted by legal profession as it may affect in their profession.
• The legal personality of AI is not defined as what law and norms would apply in AI and robots.

AI LAWS IN OTHER COUNTRIES

• Recently on March 2022, China formed regulations for the Internet Recommendation system for
‘Internet Information Services’ having an mainland territory of People’s Republic of China.
• In Brazil, the Brazil Congress passes a bill forming a legal framework for AI.
• On April 21, 2021, European Commission has recommended for management of AI with an aim to
introduce a global regulatory substructure that would regulate a legal aspect for upcoming upgrades in
the field of AI.
• In June 2022, Canada came up with the Digital Charter Implementation Act in the House of Commons.
Suggestive Measures
The digital economy which has resulted from the transformative domino effect attributed to ICT evolution must also be observed in how
we handle these changes.

1. A Uniform Recognition for AI’s

AI has been considered a reality and has been given recognition in some countries like the USA, England, etc. Moreover, the uniform
recognition might lead to TRIPS modification

2. Eliminating any ambiguity in the application of patent laws

As, there is a clear demarcation between inventor and invention with widespread usage of these on a large scale, the protection against it
becomes an important issue. Furthermore, giving complete autonomy to them can act as a menace in near future and important steps
should be taken to prevent it.

3. Introducing an Artificial Intelligence Data Protection Act

AI’s these days are performing all the functions of humans, it would not be surprising if they could perform better than humans and even
took decisions for them in the near future, as humans would tend to give them full liberty and autonomy. To keep a check and to maintain
a balance in the world an act should be drafted namely the ‘Artificial Intelligence Data Protection Act.’ Furthermore, the act can include
various laws related to civil and criminal offenses committed by AI which tend to harm humans.
CONCLUSIO
N
 The use of complicated solutions offered by AI has now been demonstrated to resolve common commercial problems.
With the advent of powerful AI solutions, strategists no longer have to worry about locating a competitive analysis for
patents, which used to be a burdensome daily IP management chore that required analysts to spend hours and days
conducting a relevant search for patents.

IP plays a very significant role in the context of AI, as without IPR, there is a great chance of stealing the ideas of the
original inventor behind any invention, literary or artistic work.

For India to maximally benefit from the AI revolution, it must adopt a deliberate policy to drive AI innovation,
adaptation, and proliferation in sectors beyond consumer goods and information technology services. Policymakers
should make AI a critical component of the prime minister’s flagship Make in India, Skill India, and Digital India
programs by offering incentives for manufacturers, creating regional innovation clusters for manufacturing automation
and robotics in partnership with universities and startups, incorporating market-based mechanisms for identifying the
kind of skills that employers will value in the future, and promoting cloud infrastructure capacity building inside India.
As a part of the Digital India initiative, New Delhi must create specific incentives for building largescale data centers in
India, ideally in partnership with the state governments.

The government must identify specific regions in India that are geographically suited for building massive data centers,
with an assured supply of power and other critical public infrastructure required for such facilities, and promote these as
preferred destinations for investment in cloud infrastructure in India under the Digital India scheme.

The spirit of Startup India, that of creative destruction rather than protectionism, must be allowed to prevail.

Unless the government and domestic industry allow the marketplace to experiment with untested business models
enabled by the so-called peer economy, it is unlikely that the economy will create jobs resilient to and in an AI-driven
economy. It is imperative to recognize that improving start-ups’ ease of doing business is not merely a regulatory
measure to incubate or liquidate a business, but also a free market initiative to allow new and efficient business models
to thrive.
Thank you!