Abstract

Within the realm of Artificial Intelligence (AI) in India, this research scrutinizes the legal landscape of Intellectual Property Rights (IPR) developments. AI applications are not accorded as per IPR for their creative output the reasoning for this perspective arises from the fundamental characteristics of high-order AI, which include the ability to make decisions on its own and impose rules authoritatively. Whether or not to allow the arbitrary use of such powers creates questions of who is responsible for systemic faults or blunders. The human controller or the manufacturer can be liable for the mistakes or errors in such systems. Another class of AI systems generate advancements in the fields of scientific innovations, technological advancements, and artistic endeavours requiring protection under IPR laws. The public benefits from IPRs when it is recognised to safeguard original manifestations of human creativity, preventing economic exploitations by others or third parties. AI applications engender intellectual properties through their unique ability to emulate human thought processes and creative endeavours. A basic question emerges about the eligibility of AI systems, that lack the legal personality to request and be granted IPRs, as well as allocation of IPR revenues to entities lacking legal or living status. Within The Indian Jurisdiction, this research paper adopts a doctrinal approach to scrutinize the legal advancements in AI. Addressing third-party liability, the research proposes solutions to fix AI liability within insured parameters. In support of individually registered AI systems, the approach facilitates the issuance of patents, copyrights, or trade secrets. Additionally, the idea of a human guardian appears to be a viable mechanism for the legal protection and administration of income from AI-generated intellectual property (IP). This appointed guardian affirms AI's legal entity, assuming the duty of advancing the field’s continuous progress in AI technologies and applications.

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