NOPR Collection:http://nopr.niscpr.res.in/handle/123456789/652022026-10-09T20:48:52Z2026-10-09T20:48:52ZEvolution of Artificial Intelligence- Rights and Liability through the Prism of Patent LawsThiruveni, N KBrinda, Phttp://nopr.niscpr.res.in/handle/123456789/652132025-01-16T09:14:11Z2025-01-01T00:00:00ZTitle: Evolution of Artificial Intelligence- Rights and Liability through the Prism of Patent Laws
Authors: Thiruveni, N K; Brinda, P
Abstract: Technological development has led to a path towards the invention of man-made machines which not onlyreceive
information but comprehend and make decisions on their own. One of the man-mademachines in the field of computer
science is Artificial Intelligence (AI). AI constitutes both cognitive and emotional intelligence. The jurisprudence of such an
invention raises a core question of whetherArtificial Intelligence can be attributed to the status of personhood. It is an
unsettled position of law, whether AI can be given an inventorship. There are two parallel views in recognising AI as an
inventor. One view is that it is an automated man-made machine, and another view is that it can be considered as an inventor
when the invention is novel without human intervention.This paper illustrates the legal basis on which the scope of
grantinginventorship to an AI in the current patent regime and its pitfalls.This has been elaborated using legal precedents
and the practical inferences drawn from them. This article gives an overview of the development of AI and points out the
boxes that must be ticked by policymaking in India.
Page(s): 5-112025-01-01T00:00:00ZAutonomy of AI in Patents: Reconciling Commercial Incentive with Traditional InventorshipBanerjee, Arunabhahttp://nopr.niscpr.res.in/handle/123456789/652122025-01-16T09:11:21Z2025-01-01T00:00:00ZTitle: Autonomy of AI in Patents: Reconciling Commercial Incentive with Traditional Inventorship
Authors: Banerjee, Arunabha
Abstract: This paper examines the general commercial implications of denying inventorship to an artificial intelligence (AI)
programme which functions independent of its human creator and generates patentable products or processes. Traditional
rules of inventorship pre-suppose that an inventor must be a natural person capable of exercising rights and being bound by
duties and liabilities in relation to the patented invention. Thus, AI becomes automatically disqualified and cannot be named
as an inventor in a patent application for this small technicality. Recently, patent applications filed by Dr. Stephen Thaler for
inventions by his AI DABUS, have been rejected due to this hurdle. The article highlights the need for clarity in the area of
patent inventorship for AI. Even when objections are raised based on traditional patent law principles, one must not forget
that historically, commercial incentive has been the core objective of every patent legal system. Thus, encouraging
applicants to step forward with new and useful innovations has always remained at the forefront of patent laws worldwide.
The article elaborates on this conflict and suggests a suitable solution that appears satisfactory to all stakeholders.
Page(s): 12-252025-01-01T00:00:00ZArtificial Intelligence and Intellectual Property Rights — A Copyright PerspectiveSanjaya, KarunRajavenkatesan, P R Lhttp://nopr.niscpr.res.in/handle/123456789/652112025-01-16T09:09:22Z2025-01-01T00:00:00ZTitle: Artificial Intelligence and Intellectual Property Rights — A Copyright Perspective
Authors: Sanjaya, Karun; Rajavenkatesan, P R L
Abstract: The potentially disruptive interaction between Artificial Intelligence (AI) and creative Intellectual Property Rights (IPRs) is
one of the major challenges of the 21st century as AI systems are being increasingly utilized to generate creative works. This
article addresses these questions through the lens of copyrightability of works created by AIs as it relates to originality,
authorship, and ownership. The paper addresses recent debates about whether current copyright frameworks could be adapted to
accommodate AI-generated content and outlines practices around the world. It also explores the crucial role of human
intervention in AI output, arguing whether such collaborations deserve co-authorship credit. The paper ends with suggestions to
amend the laws which apply in these circumstances, or to create a new legal framework to resolve these issues.
Page(s): 26-342025-01-01T00:00:00ZAI-Generated Work and its Implications on Copyright Law in IndiaMishra, NikhilSingh, Digvijayhttp://nopr.niscpr.res.in/handle/123456789/652102025-01-16T09:06:47Z2025-01-01T00:00:00ZTitle: AI-Generated Work and its Implications on Copyright Law in India
Authors: Mishra, Nikhil; Singh, Digvijay
Abstract: Artificial Intelligence (AI) is a technology which is known for carrying out various tasks efficiently with little or no human
intervention at all. Generative AI is one of the branches of AI which is known for generating content at par with human
intelligence. Generative AI tools like ChatGPT, Google’s Bard and DeepAI are being used in today’s world by students,
academicians, employees, employers, news channels and others to create textual, pictorial or video-graphical content.
All such generated content suffers from one common issue, that is, their copyright. Most of the users are unaware of
copyright in the work generated by them using the generative AI tools. They do not know whether the copyright exists in
AI-generated work and who is the owner or author of such copyrighted work.
The article analyses the subsistence of copyright in AI-generated work and the conditions and criteria of such copyright,
if any. It traces the content creation process of generative AI tools and the contractual aspects pertaining to it. Further, the
article examines the issues of copyrightability of AI-generated work in various countries and compares it with the legal
standing in India. Lastly, the impact of AI-generated work on the Indian copyright regime has been analysed and
accordingly, suggestions have been made which may be implemented to address the plethora of challenges arising out of or
in relation to AI-generated work.
Page(s): 35-442025-01-01T00:00:00Z