Artificial Intelligence and Intellectual Property Rights: Comparative Transnational Policy Analysis
- URL: http://arxiv.org/abs/2601.17892v1
- Date: Sun, 25 Jan 2026 16:00:52 GMT
- Title: Artificial Intelligence and Intellectual Property Rights: Comparative Transnational Policy Analysis
- Authors: Sahibpreet Singh, Manjit Singh,
- Abstract summary: This study addresses lacunae in existing laws where India lacks AI-specific provisions.<n>Research identifies gaps in Indian IP laws' adaptability to AI-generated outputs.<n>It scrutinizes legislative texts, judicial precedents and policy instruments across India, US, UK and EU.
- Score: 0.0
- License: http://creativecommons.org/licenses/by-nc-nd/4.0/
- Abstract: Artificial intelligence's rapid integration with intellectual property rights necessitates assessment of its impact on trade secrets, copyrights and patents. This study addresses lacunae in existing laws where India lacks AI-specific provisions, creating doctrinal inconsistencies and enforcement inefficacies. Global discourse on AI-IPR protections remains nascent. The research identifies gaps in Indian IP laws' adaptability to AI-generated outputs: trade secret protection is inadequate against AI threats; standardized inventorship criteria are absent. Employing doctrinal and comparative methodology, it scrutinizes legislative texts, judicial precedents and policy instruments across India, US, UK and EU. Preliminary findings reveal shortcomings: India's contract law creates fragmented trade secret regime; Section 3(k) of Indian Patents Act blocks AI invention patenting; copyright varies in authorship attribution. The study proposes harmonized legal taxonomy accommodating AI's role while preserving innovation incentives. India's National AI Strategy (2024) shows progress but legislative clarity is imperative. This contributes to global discourse with AI-specific IP protections ensuring resilience and equitable innovation. Promising results underscore recalibrating India's IP jurisprudence for global alignment.
Related papers
- Democracy and Distrust in an Era of Artificial Intelligence [0.0]
I argue that the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities.<n>I outline what a theory of judicial review would look like in an era of artificial intelligence.
arXiv Detail & Related papers (2026-01-14T00:40:36Z) - Cybercrime and Computer Forensics in Epoch of Artificial Intelligence in India [0.0]
This study scrutinizes the AI "dual-use" dilemma, functioning as both a cyber-threat vector and forensic automation mechanism.<n>While Machine Learning offers high accuracy in pattern recognition, it introduces vulnerabilities regarding data poisoning and algorithmic bias.<n>Findings highlight a critical tension between the Act's data minimization principles and forensic data retention requirements.
arXiv Detail & Related papers (2025-12-16T19:39:22Z) - Who Owns the Knowledge? Copyright, GenAI, and the Future of Academic Publishing [0.0]
The integration of generative artificial intelligence (GenAI) and large language models (LLMs) into scientific research and higher education presents a paradigm shift.<n>This study examines the complex intersection of AI and science, with a specific focus on the challenges posed to copyright law and the principles of open science.
arXiv Detail & Related papers (2025-11-24T10:34:38Z) - Advancing Science- and Evidence-based AI Policy [163.43609502905707]
This paper tackles the problem of how to optimize the relationship between evidence and policy to address the opportunities and challenges of AI.<n>An increasing number of efforts address this problem by often either (i) contributing research into the risks of AI and their effective mitigation or (ii) advocating for policy to address these risks.
arXiv Detail & Related papers (2025-08-02T23:20:58Z) - The California Report on Frontier AI Policy [110.35302787349856]
Continued progress in frontier AI carries the potential for profound advances in scientific discovery, economic productivity, and broader social well-being.<n>As the epicenter of global AI innovation, California has a unique opportunity to continue supporting developments in frontier AI.<n>Report derives policy principles that can inform how California approaches the use, assessment, and governance of frontier AI.
arXiv Detail & Related papers (2025-06-17T23:33:21Z) - Using AI Alignment Theory to understand the potential pitfalls of regulatory frameworks [55.2480439325792]
This paper critically examines the European Union's Artificial Intelligence Act (EU AI Act)
Uses insights from Alignment Theory (AT) research, which focuses on the potential pitfalls of technical alignment in Artificial Intelligence.
As we apply these concepts to the EU AI Act, we uncover potential vulnerabilities and areas for improvement in the regulation.
arXiv Detail & Related papers (2024-10-10T17:38:38Z) - Artificial Intelligence in Election Campaigns: Perceptions, Penalties, and Implications [44.99833362998488]
We identify three categories of AI use -- campaign operations, voter outreach, and deception.<n>While people generally dislike AI in campaigns, they are especially critical of deceptive uses, which they perceive as norm violations.<n>Deception AI use increases public support for stricter AI regulation, including calls for an outright ban on AI development.
arXiv Detail & Related papers (2024-08-08T12:58:20Z) - Uncertain Boundaries: Multidisciplinary Approaches to Copyright Issues in Generative AI [2.2780130786778665]
Generative AI models generating near-replicas of copyrighted material highlight the need to adapt current legal frameworks.<n>Most existing research on copyright in AI takes a purely computer science or law-based approach.<n>This survey adopts a comprehensive approach synthesizing insights from law, policy, economics, and computer science.
arXiv Detail & Related papers (2024-03-31T22:10:01Z) - Report of the 1st Workshop on Generative AI and Law [78.62063815165968]
This report presents the takeaways of the inaugural Workshop on Generative AI and Law (GenLaw)
A cross-disciplinary group of practitioners and scholars from computer science and law convened to discuss the technical, doctrinal, and policy challenges presented by law for Generative AI.
arXiv Detail & Related papers (2023-11-11T04:13:37Z) - Fairness in Agreement With European Values: An Interdisciplinary
Perspective on AI Regulation [61.77881142275982]
This interdisciplinary position paper considers various concerns surrounding fairness and discrimination in AI, and discusses how AI regulations address them.
We first look at AI and fairness through the lenses of law, (AI) industry, sociotechnology, and (moral) philosophy, and present various perspectives.
We identify and propose the roles AI Regulation should take to make the endeavor of the AI Act a success in terms of AI fairness concerns.
arXiv Detail & Related papers (2022-06-08T12:32:08Z) - An interdisciplinary conceptual study of Artificial Intelligence (AI)
for helping benefit-risk assessment practices: Towards a comprehensive
qualification matrix of AI programs and devices (pre-print 2020) [55.41644538483948]
This paper proposes a comprehensive analysis of existing concepts coming from different disciplines tackling the notion of intelligence.
The aim is to identify shared notions or discrepancies to consider for qualifying AI systems.
arXiv Detail & Related papers (2021-05-07T12:01:31Z) - Montreal AI Ethics Institute's (MAIEI) Submission to the World
Intellectual Property Organization (WIPO) Conversation on Intellectual
Property (IP) and Artificial Intelligence (AI) Second Session [0.0]
IP protections for AI "inventors" present a host of negative externalities and obscure the fact that the genuine inventor, deserving of IP, is the human agent.
This document will conclude by recommending strategies for bringing IP law into the 21st century.
arXiv Detail & Related papers (2020-08-11T05:31:10Z)
This list is automatically generated from the titles and abstracts of the papers in this site.
This site does not guarantee the quality of this site (including all information) and is not responsible for any consequences.