Artificial Intelligence and Intellectual Property Rights: Comparative Transnational Policy Analysis

TL;DR

This paper analyzes the gaps in Indian and global intellectual property laws concerning AI-generated outputs, proposing harmonized legal frameworks to address doctrinal inconsistencies and promote equitable innovation.

Contribution

It provides a comparative doctrinal analysis of AI-related IP laws across India, US, UK, and EU, highlighting deficiencies and proposing a harmonized legal taxonomy.

Findings

India's trade secret law is fragmented and inadequate against AI threats.

Section 3(k) of Indian Patents Act restricts AI invention patenting.

Copyright law shows inconsistent authorship attribution for AI works.

Abstract

Artificial intelligence's rapid integration with intellectual property rights necessitates assessment of its impact on trade secrets, copyrights and patents. This study addresses lacunae in existing laws where India lacks AI-specific provisions, creating doctrinal inconsistencies and enforcement inefficacies. Global discourse on AI-IPR protections remains nascent. The research identifies gaps in Indian IP laws' adaptability to AI-generated outputs: trade secret protection is inadequate against AI threats; standardized inventorship criteria are absent. Employing doctrinal and comparative methodology, it scrutinizes legislative texts, judicial precedents and policy instruments across India, US, UK and EU. Preliminary findings reveal shortcomings: India's contract law creates fragmented trade secret regime; Section 3(k) of Indian Patents Act blocks AI invention patenting; copyright varies in authorship attribution. The study proposes harmonized legal taxonomy accommodating AI's role while preserving innovation incentives. India's National AI Strategy (2024) shows progress but legislative clarity is imperative. This contributes to global discourse with AI-specific IP protections ensuring resilience and equitable innovation. Promising results underscore recalibrating India's IP jurisprudence for global alignment.