Impact of AI on IPR Framework

60 Pages Posted: 14 Jun 2024

See all articles by Teesha Soni

Teesha Soni

Maharaja Sayajirao University of Baroda (MS), Baroda School of Legal Studies

Date Written: March 18, 2024

Abstract

The rapid advancement of artificial intelligence (AI) has significantly challenged traditional intellectual property rights (IPR) frameworks, necessitating legal and policy adaptations to address issues of authorship, ownership, and attribution of AI-generated works. Current laws inadequately address AI liability, creating accountability challenges exemplified by cases like RAGHAV and Ferid Allani, highlighting the complexities in determining responsibility and protecting AI-generated content. India's recognition of AI as a co-author and public discourse underscore the need for adaptable policies and clear guidelines to modernize IPR laws. This study examines AI-generated works, such as music compositions and chemical structures, to evaluate the adequacy of current copyright and patent laws, considering legal and ethical implications for authorship, ownership, and societal impact. Recommendations emphasize balancing AI innovation incentives with protecting creators' rights and societal interests, advocating for stricter enforcement, enhanced awareness, and collaboration between AI developers and creators to foster innovation while ensuring fairness. Legal judgments stress the importance of human involvement and creativity preservation, urging policies that promote fairness, competition, and creativity. By integrating interdisciplinary expertise and fostering stakeholder dialogue, India can lead in developing equitable IPR frameworks that support innovation and safeguard intellectual property rights in the AI era.

Keywords: Authorship, Ownership, Attribution, AI-generated works, Copyright laws, Patent laws, Legal frameworks, Accountability, Innovation incentives, Legal and ethical implications, Collaboration, India, AI developers, Human involvement, Creativity preservation and Policy adaptation

JEL Classification: K29

Suggested Citation

Soni, Teesha, Impact of AI on IPR Framework (March 18, 2024). Available at SSRN: https://ssrn.com/abstract=4831898 or http://dx.doi.org/10.2139/ssrn.4831898

Teesha Soni (Contact Author)

Maharaja Sayajirao University of Baroda (MS), Baroda School of Legal Studies ( email )

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