NAVIGATING THE INTERSECTION OF AI GOVERNANCE, PRIVACY, AND INTELLECTUAL PROPERTY LAW

Abstract

The development of Artificial Intelligence (AI) is rapidly transforming the landscape of intellectual property (IP) law across the globe. AI technologies, especially machine learning and natural language processing, are becoming essential tools in creative and analytical domains, raising complex questions for IP governance. As India’s technology sector experiences accelerated growth, the need for an adaptable IP framework—one that can integrate AI into its existing structures—has become pressing[1]. Currently, India’s IP laws are based on principles that assume human authorship and invention, but AI’s ability to autonomously create and process data is beginning to challenge these assumptions.[2]

Other jurisdictions are already adapting to these shifts. In the European Union, for instance, the Artificial Intelligence Act introduces regulatory provisions that address ethical concerns and risk management in AI, with clear implications for IP law.[3] In contrast, while the United States lacks a unified AI regulatory approach, the U.S. Patent and Trademark Office (USPTO) has offered guidance on the implications of AI in IP contexts, notably in its consideration of AI-generated inventions and works.[4]

Despite this growing recognition worldwide, India’s IP framework has not yet evolved to include AI-specific provisions, leaving IP protections somewhat vulnerable to the challenges presented by advanced technologies. As AI applications become more common in IP contexts, such as for patent searches or copyright management, the limitations in India’s current IP framework become increasingly evident. Addressing these emerging issues will require a governance model suited to India’s unique socio-economic and cultural context.[5]

[1] Manuj Darbari, Naseem Ahmed and Abhishek Kumar Singh, ‘A Exhaustive Review of Advancement in Technology and current Legal Framework related to Cyber Crime’ (2023)

[2]<https://www.researchgate.net/publication/330297524_Opportunities_and_Challenges_for_Artificial_Intelligence_in_India> date accessed- 20 October, 2024.

[3] ‘European approach to artificial intelligence’(8^th October, 2024) European Commission < https://digital-strategy.ec.europa.eu/en/policies/european-approach-artificial-intelligence#:~:text=The%20Commission%20and%20Member%20States,bring%20AI%20strategy%20into%20action > date accessed- 20 October, 2024. [4] United States Patent and Trademark Office, ‘USPTO releases report on artificial intelligence and intellectual property policy ’ (2020).

[5]<https://www.researchgate.net/publication/378962949_Intellectual_Property_Rights_in_the_Age_of_Artificial_Intelligence > date accessed- 20 October, 2024.