Generative Artificial Intelligence Vis-A-Vis Intellectual Property Rights
- IJLLR Journal
- May 26
- 1 min read
Shubhi Jain, Amity Law School, Noida
ABSTRACT
Over the past couple of decades, technology has expanded at a previously unseen rate. In a span of a couple of decades, advancements that were so hard to imagine that it was only possible to call them science fiction have become reality. A significant moment in the twenty-first century has been the rapid growth of artificial intelligence (AI), which has revolutionized knowledge creation, communication, and conservation entirely. It is more than a technological revolution, as it has changed our concept of machines, thinking, creativity, and intelligence. The basic concepts of intellectual property rights (IPR) are being challenged, which is one of the most significant impacts of this shift.
The advent of AI systems capable of generating content—text, images, music, inventions, and so on—are doing so independently or with minimal human involvement—is increasingly placing pressures on the existing intellectual property rights (IPR) system, previously based on human creativity, ingenuity, and moral right.
The research explores the ways in which current legal structures define and distribute rights over creative and inventive works with a concentration on generative AI—software like language models, image generators, and computer-aided design software. The research finds a hidden tension: the majority of legal systems remain committed to withholding non-human actors authorship or inventorship status, even though AI tools exhibit unparalleled creative abilities. This generates legal vacuums, regulatory loopholes, and commercial uncertainty.
