The Impact Of AI On Intellectual Property Rights: Challenges In Authorship And Ownership

Abhishek Gupta, Presidency University

ABSTRACT

Artificial intelligence (hereinafter referred as “AI”) has revolutionized various aspects of our lives including the realm of intellectual property (IP) law. As AI systems become increasingly sophisticated they are capable of generating creative works and inventions with minimal human intervention. This development poses significant challenges to traditional notions of authorship and ownership in IP law. The existing legal frameworks which are primarily designed to protect human-created works and inventions struggle to accommodate AI-generated content. This research paper explores the impact of AI on IP rights focusing on the challenges in determining authorship and ownership of AI-generated works and inventions. It examines the current legal landscape analyzing relevant case laws and provisions from different jurisdictions including India. The paper also discusses potential solutions such as extending existing IP protection to AI-generated content creating sui generis protection systems or denying protection altogether. Furthermore it addresses policy considerations and recommendations for balancing incentives for innovation and creativity with public access to AI- generated works and inventions. The research paper aims to contribute to the ongoing debate on adapting IP law to era of AI highlighting need for proactive and adaptable approach to address challenges posed by AI to traditional concepts of authorship and ownership in intellectual property law.