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Mind Over Machine: Reimagining Indian IP Law In The Age Of AI




Dhruv Verma, Vivekananda Institute of Professional Studies


ABSTRACT


Artificial intelligence (AI) is bringing about a huge change in creativity and innovation, generating works like literature, art, music, and inventions with minimal human input. This poses a direct threat to the Indian IP framework which is based on much older statutes which can’t cope up with the changes happening in the IP world. The ambiguity around AI-generated works like defining the “author” for copyright or “inventor” for patents—creates a legal vacuum that risks stifling innovation or either devaluing human creativity. The use of copyrighted material in AI training further complicates matters, as seen in cases like ANI Media v. OpenAI. This paper investigates these challenges, focusing on Indian copyright law’s application to AI-generated content and patent law’s treatment of AI-driven inventions, by analysing India’s legal provisions, key cases like the “Raghav” copyright registration and “DABUS” patent applications, and international approaches in the UK, U.S., EU, and WIPO discussions. The fact that India needs clearer rules on human contribution and possibly a sui generis right for AI outputs will become more and more clear as one goes through this research paper and also recollect information about day-to-day events involving IPR. The ANI Media case underscores the urgency of addressing training data issues. Recommendations include amending existing laws to define human roles, regulating training data use, and exploring new rights to balance innovation with fairness, ensuring India’s IP regime remains robust and competitive in the global AI landscape.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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