AI AND IPR NEW CHALLENGES AND OPPORTUNITIES: INTELLECTUAL PROPERTIES

The rapid advancement of Artificial Intelligence (AI) presents a unique set of challenges and opportunities for Intellectual Property Rights (IPR) law in India. Traditional IPR laws, such as the Copyright Act, 1957 and the Patents Act, 1970, are largely human-centric, focusing on the creations and inventions of natural persons. As AI systems become increasingly sophisticated and capable of generating creative works and inventions autonomously, the existing legal framework faces significant questions regarding authorship, inventorship, ownership, and infringement.Key Areas of Interaction:The intersection of AI and IPR law in India presents several challenges Authorship/Inventorship: Current laws primarily recognize human creators. Determining authorship and inventorship for AI-generated outputs is complex.Originality: The criteria for originality in copyright and the inventive step in patents, traditionally linked to human intellect, need to be re-evaluated in the context of AI.Ownership: Clarity is needed on who owns the IPR in works and inventions generated by AI.Infringement: Establishing liability for infringement by AI and enforcing IPR against AI systems.