The existing Intellectual Property Rights (IPR) regime, encompassing Copyright and Related rights, is robust enough to safeguard works generated by Artificial Intelligence (AI), rendering a distinct category of rights unnecessary. Copyright and Related rights bestow exclusive privileges upon legal persons for a specific duration, ensuring the protection of creative works, innovations, or inventions and facilitating royalty collection through licensing.
To obtain these rights, owners must adhere to the specified criteria outlined in the law. India’s participation in major international conventions and agreements dedicated to Intellectual Property Rights, coupled with the Copyright Law and Patent system, affords substantial protection for works created by legal entities.
While the field of AI and associated innovations is dynamic, the prevailing legal framework under the Patent and Copyright Act effectively safeguards AI-generated works. There is currently no inclination to introduce a separate category of rights within the Indian IPR Regime for AI and its innovations.
Under the Copyright Act of 1957, copyright owners enjoy exclusive economic rights, including reproduction, translation, and adaptation. Users of Generative AI must seek permission for commercial use unless covered by the fair dealing exceptions specified in Section 52 of the Copyright Act. Intellectual property rights, being private, are enforced by individual rights holders. The Copyright Law provides ample civil measures and criminal remedies, including actions against infringement and unauthorised use, including digital circumvention.
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