Intellectual Property (IP) in India in the Era of Artificial Intelligence [IPRs Laws]

[YAGAY andSUN]

As Artificial Intelligence (AI) continues to evolve and transform industries across the globe, India is increasingly grappling with the implications of AI on its intellectual property (IP) laws. Given India's growing emphasis on AI-driven innovation, the country’s IP framework must be adapted to deal with challenges that AI presents in the context of ownership, authorship, and protection. In this section, we will explore the Indian context of IP law in relation to AI, its current stance on AI-generated creations, and the ongoing discussions about adapting the legal framework.

1. IP and AI in India: An Overview

In India, IP laws are governed by a set of legal frameworks that ensure protection for inventions, works of art, literature, trademarks, and trade secrets. The primary IP laws include:

• The Patents Act, 1970 (for patenting inventions)
• The Copyright Act, 1957 (for creative works like literature, music, and art)
• The Trade Marks Act, 1999 (for protecting brand identities)
• The Designs Act, 2000 (for protecting the visual design of products)
• The Geographical Indications of Goods (Registration and Protection) Act, 1999

The role of AI in these areas is emerging, especially in sectors like software, biotechnology, pharmaceuticals, and creative industries, where AI is increasingly being used to generate new innovations, designs, and content.

2. Challenges in IP Laws Regarding AI in India

A. Ownership and Authorship:

In India, as with many other countries, IP law is designed with a human creator in mind. The Indian Copyright Act, 1957, stipulates that only human authors can be attributed to works. Under this framework, works created entirely by AI, without significant human intervention, do not qualify for copyright protection.

For instance, if an AI creates a piece of music or an artwork without direct human input, it is unclear who should own the rights to these creations. Indian IP laws have yet to accommodate AI as an author or creator, and the law remains silent on whether AI can be recognized as a creator in itself.

Similarly, in the context of patents, the Indian Patents Act, 1970, requires that the inventor be a natural person. As such, AI cannot be listed as the inventor in a patent application. This is problematic in cases where AI-driven innovations emerge, as it is difficult to determine the legal ownership of such inventions.

B. Impact on AI-Generated Inventions and Works:

AI’s role in creating novel inventions, designing products, or generating content poses a significant challenge to India’s existing IP laws. In particular, if AI systems generate patentable inventions, the question arises as to who should be recognized as the inventor—the AI system or the human who programmed it or managed it. This issue complicates patent applications and the patent-granting process in India.

C. Trade Secrets:

In industries where AI algorithms are used for business processes, AI-driven innovations may be protected as trade secrets. However, the evolving nature of AI presents complexities in how trade secrets should be managed, especially if the AI system evolves and improves autonomously over time.

3. Current Status of AI and IP Laws in India

A. Copyright Law in India:

India’s current approach to copyright remains human-centric. According to the Indian Copyright Act, 1957, only a human author can hold the copyright for a work. AI-generated works, without human intervention, are not eligible for copyright protection in India.

The Indian Copyright Office has not yet established a legal framework that would address the issue of AI as a creator. However, human owners of AI systems (the individuals or entities who design, train, or operate the AI) are likely to claim ownership of AI-generated works, similar to other jurisdictions, such as the U.S. and the EU.

B. Patent Law in India:

The Indian Patent Act clearly defines an inventor as a natural person. In the context of AI, India follows the global trend of not recognizing AI as an inventor. In 2020, the Indian Patent Office rejected an application that listed AI as the inventor. This decision aligns with global patent offices like the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO), which have similarly ruled that AI cannot be the inventor.

However, AI-generated inventions can still be patented if a human is designated as the inventor. The issue of AI as an inventor has sparked ongoing debate in India, and future reforms may recognize the changing role of AI in innovation.

C. Trade Secrets and AI in India:

India has robust laws on trade secrets under the Indian Contract Act, which offers protection to confidential business information and processes. In sectors like IT and software development, where AI plays a significant role, AI algorithms and models may be protected as trade secrets. However, the issue of ownership of AI-generated improvements poses challenges in trade secret protection.

4. Initiatives and Discussions on AI and IP Law in India

The Indian government and various IP organizations have begun to acknowledge the evolving nature of AI and its impact on the IP ecosystem. Several initiatives and discussions are ongoing to address the challenges that AI presents:

A. NITI Aayog's AI Strategy

The Indian government’s think tank, NITI Aayog, has put forward a National Strategy for Artificial Intelligence that outlines the importance of AI in driving innovation, improving industries, and addressing societal challenges. However, this strategy has not specifically tackled the intersection of AI and IP, leaving a gap that must be addressed in the evolving IP laws.

B. India’s IP Policy Review

In 2020, India's IP Office initiated a review of the IP framework, with special emphasis on the role of emerging technologies like AI, blockchain, and biotechnology. The review aims to modernize India’s IP laws, ensuring that they can accommodate new technological advances. However, AI-related amendments to the Patents Act and Copyright Act have not yet been implemented.

C. AI and Ethical Considerations

As India moves forward in its AI development, ethical considerations are gaining traction. The Indian Council of Medical Research (ICMR), along with the Ministry of Electronics and Information Technology (MeitY), is working on policies related to AI ethics, which may later inform discussions about IP in the context of AI.

5. Way Forward: Recommendations for India’s IP Framework in the Age of AI

1. Reforming Patent Laws: India should consider updating the Indian Patents Act to recognize AI’s contribution to inventions and consider scenarios where AI could be listed as a co-inventor. Although recognizing AI as an inventor might not be practical, the role of AI in assisting human inventors could be acknowledged.
2. Clarifying Copyright for AI-Generated Works: India needs to address the issue of AI-generated content under its copyright laws. While AI cannot be the sole creator, clarifying that AI works owned by humans (such as works generated by AI-assisted tools) should be eligible for copyright could help resolve legal uncertainties.
3. Expanding Trade Secret Protection: Given AI’s growing role in industries such as pharmaceuticals, automotive, and software, India should focus on strengthening its trade secret protection laws to safeguard AI-related innovations.
4. AI-Specific IP Framework: Developing a dedicated IP framework for AI technologies may help clarify ownership, authorship, and rights to AI-generated innovations. This framework could be based on the joint ownership of inventions between humans and AI systems.
5. International Alignment: India should collaborate with global IP bodies to align its IP laws with international standards on AI. This will help India’s innovators and companies protect their AI-related creations in the global marketplace.

Conclusion

The advent of Artificial Intelligence brings both opportunities and challenges for intellectual property (IP) law in India. While IP laws in India are evolving, there is a pressing need to modernize them to accommodate the complexities introduced by AI. From patenting AI-driven inventions to addressing the authorship of AI-generated creative works, India must develop a clear and comprehensive IP framework that can support innovation while safeguarding the interests of creators and businesses in the AI era.

The Indian IP system is at a crossroads, and future reforms in areas like patent law, copyright, and trade secrets will determine how effectively India can navigate the evolving landscape of AI and innovation.