The Future of IPR: Emerging Technologies and Legal Frameworks

Patents and AI India has filed several AI-related patents in recent years. The level of human participation required by AI-based processes or products is not particularly controlled in the Indian Patents Act, 1970. Computer programmes, business practices, and mathematical formulae are not considered patentable inventions under the Patent Act of 1970. The words "patent" and "person interested" in Section 2 (p) of the aforementioned Act act as a barrier to AI being included in its scope. The Act specifically prohibits anyone other than a human being from becoming a patentee. A patent gives the proprietor exclusive rights to the innovation, forbidding others from creating or selling it for a set period of time. The notion of "true and first inventor" is specified in Section 2(y) of the Act, for whom the right is granted. The actual and first inventor is not the person who brought the innovation into India or the person to whom it was communicated from outside India. Section 2 (y) does not require that the "true and first inventor" be a person; hence, works made by AI systems are within the definition's scope. Since AI lacks ownership rights over its work, it lacks the ability to offer consent to third parties. Similarly, it confronts a quandary when it comes to allocating its rights. Artificial intelligence is the subject of 6% of all rising tech patents in India, which is emerging as a key innovation location for global corporations. India ranks seventh in terms of artificial intelligence patent filings and fourth in terms of AI research publications. Furthermore, all inventive ideas may be obvious to an AI, in which case patent protection will be null and void. Because of the vagueness of the legislation, there are issues and doubts about AI protection and enforcement.

Copyright and AI The requirement for copyright protection is originality. Originality is required for copyright protection. The Copyright Act defines original work through two concepts: sweat of the brow doctrine and modicum of creativity." The Sweat of the Brow Doctrine holds that an author can claim copyright for his work just by exercising diligence. It is not necessary to be inventive or original. Original work, according to the modicum of creativity, demonstrates a great level of invention and judgement. In the case of Eastern Book Company v. D.B. Modak, Indian courts adopted the Modicum of Creativity test, stating that computer works can fulfil the test of originality and that AI can be included in the Modicum of Creativity to be considered. As the idea allows for a minimum amount of originality, AI's original work may be included. Section 2(d) of the Act grants copyright rights to the "creator" of the work. Because the author of this act is assumed to be a human or legal person, the idea of a machine being protected under this act is limited. Only 'natural persons', including businesses, firms, and partnerships, can own the copyright in India. AI systems are not covered by the current Copyright Act. As a result, AI's work would be uncertain in terms of authorship under Indian copyright law.

Trademarks and AI E-commerce businesses use AI to suggest products based on past purchases, searches, and other data from customers. Trademarks serve as source identifiers, assisting customers in selecting a brand based on knowledge and confidence. Brand owners worry that as artificial intelligence develops, customer choice will become more limited and brand value and sales will suffer. In some cases, the topic of trademark infringement has been brought up about AI. Regarding the use of keywords in advertising and Google's automated choices, which were thought to be infringing on the petitioner's trademark, there was a trademark dispute between Louis Vuitton and Google France. The court did, however, rule that no infringement took place unless the parties actively took part in the act.

Sahu, M. K., & Paranjape, N. R. (2021). Artificial intelligence and its impact on intellectual property rights: An Indian perspective World Journal of Entrepreneurship, Management, and Sustainable Development, 16(1), 31�42.

Singh, S., & Sahay, S. (2020). The Data Protection Bill, 2019: An insight into its probable impact on IPR in the digital realm Journal of Intellectual Property Rights, 25(4), 245-253.

Patent filing across emerging technologies is gaining pace in India. Nasscom, The Economic Times (Feb. 5, 2022)

Artificial intelligence and intellectual property: what next for the UK? Allen & Overy, Allen Overy (February 19, 2022)

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