Authored By: Ansh Mehrotra
APS UNIVERSITY
ABSTRACT
Innovation has traditionally been protected by intellectual property laws that recognise human creativity and effort. Copyright, patents, and trademarks were developed to safeguard original works, inventions, and brand identity. However, the rapid growth of artificial intelligence and algorithm-based technologies has changed the way creativity and innovation take place. Today, machines can generate music, artwork, designs, and digital content that closely resemble human-made creations, raising new legal concerns about ownership and responsibility.
Indian intellectual property law provides protection to creative and inventive works but also excludes certain subject matters from patentability, such as traditional knowledge, methods of medical treatment, and inventions lacking enhanced efficacy. While these provisions aim to balance public interest and innovation, they were framed before the emergence of AI-driven creation. As a result, copyright infringement, brand imitation, and digital media disputes have become more common in the online economy.
While technology itself is being used as a tool for protecting virtual assets, legal systems must adapt to ensure fair attribution, accountability, and enforcement. This article argues that existing intellectual property frameworks are not fully equipped to address algorithm-led innovation. It concludes that legal reform and clearer guidelines are necessary to ensure fair protection, accountability, and innovation in the digital age.
INTRODUCTION
Intellectual property is based on human thinking skills, creativity and innovation. Intellectual means a person’s ability to think, to understand and to create ideas. As we all know, all creation began with an idea. Every invention, artistic work, or brand begins with an idea created through human thought and imagination. The imagination leads to artistic works like songs, fiction books and designs. All the inventions which never existed before come under intellectual property. IPR (Intellectual Property Rights) are the rights given to safeguard the virtual property legally. As rights are given when the virtual property is legally registered under the Government of India IPR. The intellectual property rights (IPR) are intangible in nature and give exclusive rights to the inventor or creator for their valuable invention or creation. In the present scenario of globalisation, IPR is the focal point in global trade practices and livelihood across the world. The intellectual property rights (IPR) are territorial rights by which an owner can sell, buy or license his intellectual property (IP) similar to physical property. The Universal Declaration of Human Rights (UDHR) also refers to intellectual property rights under Article 27, stating that “Everyone has the right to the protection of the material interest resulting from any scientific, literary or artistic production of which he is the author.” The creator can give a licence of their original work to someone and can gain royalties.
TYPES OF PROPERTY RIGHTS
There are 7 types of IPR recognised in India:
Copyright: Copyright is the right to “not copy”. It grants legal rights to creators for their original works in literature, drama, and music, as well as cinematographic films and sound recordings. The copyright law in India is the Copyright Act 1957, which came into effect in 1958. Many amendments have taken place from them, such as in 1983, 1984, 1992, 1999 & 2012. According to Section (13) of the act, it protects literary, dramatic, musical, artistic and cinematographic films and sound recordings, and the rights protected in Section (14) of the act include reproduction, communication to the public, adaptation, translation and performance. The term or time period is given in S (22-29); as for literacy/dramatic/musical/artistic spans, it is for life + 60 years, and for cinematographic films and sound recordings, it is 60 years from publication. There is no need for registration, but it is advisable. The infringement of copyright can lead to civil and criminal proceedings against the infringer. Copyright registration is advisable but not mandatory.
Trademark: According to Section 2zb of the Trademark Act 1999, a trademark can be defined as a mark capable of graphical representation & which can be used to distinguish the goods or services of one person from those of others. A trademark may include the shape of goods, their packaging & a combination of colours. It can be signs, symbols, word combinations or three-dimensional shapes. 12-18 months average time open for filing the opposition. The validity is 10 years from applications, renewable indefinitely for successive 10-year periods. A conventional trademark includes words, colour combinations, label logos, packaging shapes of goods and non-conventional trademarks include sound marks and dynamic markets.
Patent: A patent is granted to inventors for their exclusive rights for their invention for a limited period of 20 years. The patent could be granted to novel things which were not published or used anywhere in the world before the prior date. It should be a non-obvious thing, and it should be capable of being made or used in industry. Evergreening of patents is banned, like for Bade quinine, a medicine for drugs developed by Johnson & Johnson, and India refused to give further patents for emergency situations. Scientific principles, methods of agriculture or horticulture, methods of treatment, traditional knowledge, incremental inventions without an increase in efficacy and inventions related to atomic energy are some of the inventions not patentable under sections 3 & 4 of the Patents Act, 1979.
Geographical Indication: Geographical Indications identify goods originating from a specific geographical location which originates from a particular place. They are identified as place-based products. Examples include Darjeeling tea, Basmati rice, champagne, Kismat Haldi of Maharashtra, black meat of MP, the cloth of Kashmir as Pashmina, etc. These all things add a different value to a product.
Design: Industrial design is defined as the visual appearance of the product. Industrial design protects the aesthetic aspect of an article, including shape, configuration, pattern or ornamentation. The Design Act, 2000, provides protection for designs that are new and original, granting exclusive rights for 10 years. (Extendable to 5 years). It gives us a right to prevent others from manufacturing, selling OR importing articles similar to the protected design, unique design, furniture design, unique fabrics, etc. without the permission of the maker or the property holder.
Plant Variety: PBRs (Plant Breeder’s Right) or PVP (Plant Variety Protection). India has the Protection of Plant Variety & Farmer’s Rights Act (2001) (PPVFRA). India is the only country where breeders’ and farmers’ rights are being included. As a seed cannot be a brand, but few rights have been given to farmers as well.
Semi-Conductor Integrated Circuit Layout Design: Semiconductor layouts are protected by a specialised IP regime, separate from patents and copyrights. Governed by the Semiconductor Integrated Circuits Layout-Design Act, 2000. Administered by the Semiconductor Integrated Circuits Layout-Design Registry. Protected areas are original layout designs. Designs not commercially exploited for more than 2 years prior to filing. Rights granted. Exclusive right to reproduce the layout, commercially exploit it, and import, sell, or distribute ICs incorporating the design. The term of protection is 10 years from the date of filing or the date of first commercial exploitation (whichever is earlier).
Historical Evolution of IPR
The logo, symbols, design and coins were manufactured in the prehistoric era. But the differences came to arise when the diversity came in. The ideas were growing at a much faster speed than before. People used to copy others’ ideas and present them as their own. Plagiarism has arisen there. So, the concept of intellectual property protection can be traced back centuries.
Around 500 BCE the ancient chief recipes were protected for one year in Sybaris. In 1474 in Venice, the first statutory patent was established, and moving further, in 1624 in England, the Statute for Monopolies was considered one of the earliest patent laws and established a foundation for patent protection. Similarly, the Statute of Anne UK (1710) marked the beginning of modern copyright law by recognising authors’ rights and establishing a limited protection period.
Formal Treaties
The 1st formal treaty was the Paris Convention in 1883, where an international agreement was made to help creators to protect their intellectual property, like patent and trademark protection across borders, introducing concepts like national treatment and priority rights. Though many creators were not added in this treaty, the Berne Convention Treaty was made for the protection of literary and artistic works (1886), followed by the creation of an international framework for copyright protection based on automatic protection and national treatment principles. Now, there was a need for an international organisation that could include all these things together, so BIPRI (United International Bureau of Protection of Intellectual Property) was formed by merging the secretariats of the Paris & Berne conventions. The WIPO 1970 was made 80 years after that, and 193 member nations were included. Then WIPO joined the UN and became a specialised agency under the UN that deals with the issue of IP globally. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), adopted in 1995 as part of the World Trade Organisation Framework, represents a watershed moment in IP history. TRIPS defines minimum standards for IPR across countries, and it binds all the members of the WTO.
IPR Frameworks: India and the International Regime
Indian Framework
There are many laws being made for the protection of IPR, such as the Trade Mark Act 1999 (w/rules 2017) – administered by the office of the trademarks registry – which modernised trademark law by introducing service trademark protection and well-known mark recognition. The Copyright Act 1957 has been amended multiple times; most recently in 2021, it significantly updated India’s copyright framework by merging the copyright board with the appellant board and introducing transparency for copyright society. The Patent Act, 1970 (as amended in 1999, 2002, 2005, 2016, 2020, and 2024), balances innovation incentives with public health concerns. Incorporating provision for compulsory licensing and limiting patentability of certain pharmaceutical products. Other laws, such as the Design Act 2000 (as amended in 2021), the Geographical Indications of Goods Act 1999 (for GI registry), & the Semiconductor Integrated Circuit Layout Design Act 2000, help to protect copyright in their respective fields. Administrative bodies like DPIIT (Department for Promotion of Industry & Internal Trade) help in policy formation, and CIPAM (Cell for IPR Promotion & Management under DPIIT) works as a professional body and creates awareness & commercialisation. The Copyright Office, operating under the Ministry of Commerce and Industry, administers copyright registration and maintains the Register of Copyrights.
International Framework
The WTO Framework was done in 1995. The TRIPS Agreement was made for trade-related aspects of IPR (minimum standards for 164 members). A dispute settlement mechanism was built that would be binding on arbitration for all IP disputes. The Patent Cooperation Treaty facilitates international patent applications, allowing inventors to seek protection in multiple countries through a single application. It started unified international filing with 157 members. In 1989, the Madrid Protocol was there to simplify the process of trademark registration and recognise it internationally. Across 127 countries are the members, and India joined the membership in 2013. The Hague Agreement 1925/1999 started the international design registration with around 77 members. Some regional frameworks, such as the European Patent Convention (EPC) 1973, have centralised patent granting for 39 states. And the EU trademark system, as EUIPO administers EU-wide trademarks.
Comparison between international countries
The United States maintains a first-to-file patent system following the America Invents Act 2011 with strong patent protection and relatively high patent grant rates. The European Patent Office provides centralised examination but requires validation in individual European countries, balancing harmonisation with national sovereignty. China has emerged as the world’s largest patent filing jurisdiction, with aggressive IP development policies supporting its technological advancements goals. India’s approach emphasises balancing innovation incentives with public interest, particularly in pharmaceutical patents, reflecting its developing economy concerns and public health priorities.
Plagiarism & Protection Strategies
The infringement occurs when someone makes, uses, sells or imports a patented invention without authorisation during the term it has been patented, trademark registered or a similar logo produced. Plagiarism is direct copying, counterfeiting, that can cause civil as well as criminal action. Infringement of a patent, trademark or any IPR protection is punishable under criminal
Transparency is a very important aspect of IPR. We should be able to define AI work vs. human work. So, we should register a trademark; copyright is advisable but not mandatory to register. As we can maintain records and try to protect our original work. Imprisonment up to 3 years, fines up to 2 lakh & sometimes enhanced penalties for offenders are done in criminal cases. We can file for injunctions and damages/profits for infringement in civil cases.
Landmark Indian Case Laws
- BharatPe vs. PhonePe
This case was about brand name similarity.
BharatPe claimed that the name PhonePe was confusingly similar and could mislead customers.
The court held that “Pe” is a common word in digital payment apps and no monopoly can be claimed over it.
- Bishwanath Prasad Shyam v. Hindustan Metal Industries (1982)
This case dealt with patent law.
The Supreme Court said that a patent is granted only for a new invention, not for small changes or improvements to an existing product.
- Novartis AG v. Union of India (2013)
This was a landmark pharmaceutical patent case.
Novartis wanted a patent for a cancer drug, but the Court refused because the drug was not significantly different from an existing one.
The judgment protected public health and affordable medicines.
- Bajaj Auto Ltd v. TVS Motor Company Ltd (2009)
This case involved patent infringement between two bike companies.
The Court said that innovation should not be stopped, but patent rights must also be respected.
It balanced competition and patent protection.
- R.G. Anand v. M/s Delux Films (1978)
This is a famous copyright case.
The Court held that ideas cannot be copyrighted, only the expression of ideas can be protected.
If two works have the same idea but different presentation, it is not infringement.
- Kabushiki Kaisha Toshiba v. Toshiba Appliances (Delhi HC, 2024)
This case dealt with trademark misuse.
The Delhi High Court held that using a famous brand name without permission can mislead consumers and harm the original brand.
- Bayer Corporation v. Union of India (2014)
This case was related to compulsory licensing of medicines.
The Court allowed Indian companies to make cheaper versions of Bayer’s patented drug to ensure public access to life-saving medicines.
- Toshiba v. Tosiba (2024)
This case involved deceptively similar trademarks.
The Court held that using a name like “Tosiba” was intended to confuse customers and take advantage of Toshiba’s reputation.
Landmark International Case Laws
9. Thaler v. Perlmutter (USA, 2023)
This case decided whether AI-generated work can get copyright.
The US Court held that copyright requires human authorship, and AI-only works cannot be copyrighted.
- RIAA v. Suno / Udio (USA, 2024)
This case involved AI music platforms.
Music companies claimed that AI tools were trained using copyrighted songs without permission.
The case raised concerns about copyright violation in AI training.
- Feist Publications, Inc. v. Rural Telephone Service Co. (1991) – USA
This case clarified originality in copyright.
The Court said that facts are not protected by copyright, only original creative work is protected.
- Thaler v. Comptroller-General (UK, 2023)
This case dealt with AI as an inventor.
The UK Supreme Court held that only humans can be inventors under patent law, not AI systems.
- Acohs Pty Ltd v. Ucorp Pty Ltd (2012) – Australia
This case was about copyright and databases.
The Court held that automatically generated content without human creativity does not get copyright protection.s
Emerging Challenges and Strategic Solutions
Digital piracy and online infringement remain pervasive despite enforcement efforts, with streaming platforms, torrent sites, and social media facilitating unauthorised distribution. AI is the current challenge as it challenges the human-centric framework. AI-generated music presents complex copyright and royalties’ distribution challenges. AI music generation systems create compositions autonomously or semi-autonomously, raising questions about authorship and royalty entitlement. So, this is a big concern for the people and lengthy litigation processes and high enforcement costs that disproportionately affect small creators and businesses.
As fully generated AI music is not copyrightable, and no human authorship will be given to that. It falls into the public domain, and no royalty collection would be possible under the US Copyright Office. Jan 2025, ASCAP Guidance. Technology-based solutions implemented digital rights management, a blockchain registration system and AI-powered monitoring tools for detecting and preventing infringement. Public awareness and education initiatives by CIPAM promote IP literacy among creators, businesses and consumers, fostering respect for intellectual property rights. Balanced policy frameworks are needed that protect rights for holders while ensuring reasonable access to knowledge, promoting both innovation and public interest.
Conclusion
The rise of artificial intelligence and algorithms has changed how creativity and innovation happen. Earlier, intellectual property laws were made to protect human creators—authors, inventors, artists, and businesses. Today, machines can also create music, art, designs, and digital content, which creates confusion about who owns these creations and who should be responsible for them.
Indian and international IP laws still mainly recognise human creativity. Courts in India and other countries have clearly said that only humans can be authors or inventors under current laws. Because of this, works created fully by AI often do not get legal protection and may fall into the public domain. This shows that existing laws are not fully prepared to deal with AI-driven innovation.
Therefore, there is a strong need to update intellectual property laws. Clear rules must be made to define human involvement in AI-created works, fix responsibility, and ensure fair protection without blocking innovation. A balanced legal system that protects human creativity, controls misuse of AI, and supports public interest is essential for the future of innovation in the digital age.
