A Study On Emerging Legal Issues In India: The Intersection Of Artificial Intelligence, Intellectual Property, And E-Commerce
- IJLLR Journal
- 26 minutes ago
- 2 min read
Chauhan Neha Jagdishbhai, Ph.D. Research Scholar, Department of Law, Monark University
Dr. Sadananda Anantrao Karhale, Assistant Professor of Law, Department of Law, Monark University
ABSTRACT:
The convergence of Artificial Intelligence (AI), Intellectual Property (IP), and e-commerce in India has created a rapidly evolving legal environment shaped by technological innovation and the digital marketplace. While AI drives efficiency through predictive analytics, automated decision-making, and consumer profiling, it simultaneously disrupts traditional concepts of authorship, ownership, and liability under existing IP laws. The problem arises because India’s Copyright Act, 1957 and Patents Act, 1970 assume human authorship and inventorship, leaving AI-generated works and inventions in a legal vacuum, while e-commerce platforms using AI face challenges of data protection, counterfeit detection, automated contracts, and consumer trust. Against this background, the purpose of this study is to critically analyze emerging legal issues at the intersection of AI, IP, and e- commerce in India, with comparative insights from the U.S., EU, and China, and to propose reforms for balancing innovation with rights protection. The research adopts a doctrinal methodology, relying on primary sources such as statutes, case law, international conventions, and policy documents, as well as secondary literature, to evaluate the adequacy of current frameworks and identify gaps. The findings indicate that Indian law does not adequately recognize AI-generated creativity, struggles with assigning liability in AI- driven platforms, and lacks comprehensive data protection mechanisms tailored for algorithmic decision-making, though global trends suggest clearer accountability and consumer safeguards. The study concludes that India requires a coherent AI-specific legal framework harmonized with international standards, reforms in copyright and patent regimes, stronger liability and consumer protection mechanisms, and capacity building for regulators, ensuring that technological growth is matched with robust legal safeguards.
Keywords: Artificial intelligence (AI), AI-generated creativity, Intellectual property (IP), E-commerce, Global trends.
