Protecting AI Algorithms: Patents, Trade Secrets, And Licensing: A Comparative Legal Review
- IJLLR Journal
- 3 hours ago
- 1 min read
Pankaj Singh Karki, Chanakya National Law University
Kavya Malik, Gujarat National Law University, Gandhinagar
ABSTRACT
Today, artificial intelligence is developing rapidly, and the existing Intellectual property frameworks are turning out to be insufficient to protect these AI innovations. Section 3k of The Indian Patent Act 1970 does not grant patents to ai related innovations, Copyright under The Copyright Act 1957 remains restricted due to its human authorship requirements, and there is no law on trade secrets that rely on common law and contractual principles, While previous research has highlighted these problems they do not provide any effective policy solution.
This paper aims to propose a Hybrid IP Protection method integrating elements from trade secrets, patents, licensing, and copyrights. This study explores the best IP protection methods by assessing case studies from different jurisdictions including the USA, UK, EU, and Australia, presenting a hybrid model – offering patents for AI innovations, Trade secrets for proprietary algorithms, and licensing for controlled commercialization for effective legal protection.
In India, the development of Artificial Intelligence is facing a fragmented legal landscape. This paper introduces a structured IP method that promotes innovation while protecting ownership, The study concludes with recommendations for the Indian legislature to implement a HYBRID AI strategy that can promote innovation and encourage fair market competition while protecting the ownership of AI assets
This study contributes to the AI-IPR debate by presenting a more versatile and structured IP Framework ensuring a balanced and enforceable protection of AI-driven advancements.
Keywords: Artificial intelligence, Intellectual property, patents, trade secrets, India’s AI policy and legal reforms.
