Ownership Of AI-Generated Works: Rethinking Authorship And Inventorship In IP Law
- IJLLR Journal
- Jun 12
- 1 min read
Nitya Pasari, LLB (Hons.), Jindal Global Law School, O.P. Jindal Global University
ABSTRACT
The shift to autonomous and generative systems from traditional AI, is challenging the doctrinal and conceptual foundations of Intellectual Property Law. The essence of the law has always been human creativity, intention for creation, authorship, ownership, and inventorship, the current legal frameworks are struggling to accommodate AI-generated works within this framework with minimal human intervention. This paper critically examines the doctrinal limitations of Indian IP law along with some comparison with international precedents, with major focus on the issues pertaining to authorship under copyright law and inventorship under patent law. The paper also explores options of ownership models along with their pros and cons including human-centric, AI-as-author, public domain and sui generis approaches. Using the guidance of judicial precedents and scholarly articles, this paper highlights the incompatibility between human-centric legal doctrines and machine-generated outputs. Further towards the end, the paper identifies key policy challenges and shows that there is an urgent need for adaptive legal reform which balances innovations with AI-generated products along with doctrinal coherence, particularly in jurisdictions like India where statutory and policy gaps persist.
