India reaffirms its strength on the protection of AI-generated works
The Indian Ministry of Commerce and Industry declared on February 9, 2024, that the existing legal framework for patents and copyrights in India is sufficient to safeguard AI-generated works and associated innovations, negating the necessity for separate rights for such creations.
According to a press release from the Ministry of Commerce and Industry, India’s Copyright Act of 1957 offers effective civil measures and criminal remedies to address infringement issues, including digital circumvention.
Gautam K.M., a partner at Krishnamurthy & Co in Mumbai, highlighted the importance of understanding the definitions of “author” and “owner” concerning AI-generated content within the existing legislation. While the Copyright Act recognizes various categories of authors, including those who produce computer-generated works, courts in India have typically interpreted authorship as being exclusive to natural persons, posing a challenge in the context of AI-generated works.
Regarding ownership, Gautam noted that while Section 17 of the Copyright Act specifies instances of ownership for works created under contracts of service or apprenticeship, Indian courts have not extensively addressed ownership of AI-generated content.
Gautam emphasized the need for legal clarity beyond determining authorship and ownership, including the applicability and enforceability of rights concerning AI-generated content. He highlighted a case involving the registration of a two-dimensional artwork created using an AI painting app, pointing out the ambiguity in determining the term of copyright protection for AI-generated works under current legislation.
Gautam pointed out a potential flaw in the existing law, suggesting that AI-generated works could theoretically enjoy perpetual copyright protection due to their immortal nature if legislative amendments are not made to address the dynamic nature of new-age technologies.
In summary, while the Indian government believes that current IP laws are adequate for protecting AI-generated works, legal experts like Gautam K.M. stress the need for legislative amendments to address the unique challenges posed by AI in the realm of intellectual property.
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– You could see Procedure of Trademark in India here.
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