Indian Govt Asserts Existing Intellectual Property Laws Adequately Cover AI Innovations
GG News Bureau
New Delhi, 10th Feb. Union Minister of State for Commerce and Industry Som Parkash on Friday clarified the Indian government’s stance on Intellectual Property Rights (IPR) concerning Artificial Intelligence (AI) and related innovations.
The Minister emphasized that the current legal framework under the Patent and Copyright Act adequately safeguards AI-generated works and associated innovations, negating the need for a separate category of rights in the Indian IPR regime.
Intellectual Property Rights, encompassing Copyright and Related rights, provide exclusive privileges to legal entities for a stipulated duration. These rights serve to protect works, creations, or innovations, facilitating the collection of royalties through licensing agreements. To qualify for such rights, owners must adhere to specified criteria outlined in the law. India, being a signatory to major international conventions and agreements on Intellectual Property Rights, ensures comprehensive protection for works produced by legal entities through Copyright Law and patents for inventions.
The statement underscored that India’s robust legal framework, including the Patent and Copyright Act of 1957, adequately addresses the protection of AI-generated content and associated innovations. At present, there are no plans to introduce a separate category of rights specifically tailored to AI within the existing legal framework.
Moreover, the Minister highlighted the exclusive economic rights afforded to copyright owners by the Copyright Act of 1957, including rights of reproduction, translation, and adaptation. Users of Generative AI, therefore, must obtain permission from copyright holders for commercial usage unless covered under fair dealing exceptions outlined in Section 52 of the Copyright Act.
In emphasizing the private nature of Intellectual Property rights, the Minister reiterated that rights holders are responsible for enforcing these rights. The Copyright Law prescribes both civil measures and criminal remedies against infringement or unauthorized use of works, including digital circumvention.
The statement, delivered in a written reply in the Rajya Sabha, provides clarity on India’s stance regarding the applicability of existing IPR laws to AI innovations.
