Intellectual Property Rights and Artificial Intelligence: An Overview of the Seven Core Rights

Intellectual Property Rights and Artificial Intelligence: An Overview of the Seven Core Rights

A. Introduction 

Intellectual Property Rights (IPR) are the cornerstone of legal systems worldwide for protecting the creations of the human intellect. These rights provide creators and inventors with exclusive control over the use, dissemination, and commercialization of their work. With the rise of Artificial Intelligence (AI), the landscape of intellectual property is undergoing a transformative shift, challenging traditional notions of authorship and ownership. This essay explores the seven key types of IPR, their relevance in the modern world, especially in the context of AI, and discusses notable global and Indian judicial pronouncements that have shaped the understanding of these rights.

1. Copyright

a. Definition: Copyright protects original literary, artistic, musical, and dramatic works, including computer programs and digital content.

b. AI Relevance: Questions arise over who owns content created by AI—does the AI, the programmer, or the user deserve credit?

c. Global Judgment: Thaler v. Comptroller-General of Patents, Designs and TradeMarks (UK, 2021): The UK Court ruled that AI cannot be considered an “inventor” or “author,” reaffirming the principle that only human authorship is recognized under copyright law.

d. Indian Position: In Eastern Book Company v. D.B. Modak (2008), the Supreme Court held that for copyright to subsist, there must be a minimal degree of creativity, indicating potential limitations for AI-generated content, which may lack human originality.

2. Patent

a. Definition: Patents protect novel inventions that involve an inventive step and are capable of industrial application.

b. AI Relevance: AI is both a tool for innovation and, in some cases, the creator. The core debate is whether AI-generated inventions can be patented.

c. Global Judgment: Stephen Thaler’s DABUS applications were rejected by patent offices in the US, UK, and Europe, which concluded that patents can only be granted to human inventors.

d. Indian Framework: Indian Patent Act does not define "inventor" explicitly, but current jurisprudence and practice exclude non-human inventorship. In Telefonaktiebolaget LM Ericsson v. Intex Technologies (2015), the Delhi High Court upheld patent enforcement in the tech sector, indirectly stressing the human-centric understanding of invention.

3. Trademark

a. Definition: Trademarks protect symbols, logos, words, and phrases used to identify goods or services.

b. AI Relevance: AI systems can generate brand names and logos, raising questions of authorship and distinctiveness.

c. Global Observation: The EUIPO has guidelines ensuring that trademark applications should be linked to a legal person, excluding AI.

d. Indian Position: In Tata Sons Ltd. v. Greenpeace International (2011), the Delhi High Court balanced trademark rights with freedom of expression, important in cases where AI-generated content mimics or critiques brands.

4. Industrial Designs

a. Definition: These protect the aesthetic or ornamental aspect of an article.

b. AI Relevance: AI tools can design industrial products, leading to challenges in establishing authorship and originality.

c. Indian Case: In Microfibres Inc. v. Girdhar & Co. (2009), the Delhi High Court highlighted the importance of novelty and original artistic work, requiring human skill and labor—currently not attributable to AI.

5. Geographical Indications (GI)

a. Definition: GIs identify goods as originating from a specific location, attributing quality, reputation, or characteristics to that origin.

b. AI Relevance: AI can help in mapping and managing GI data but cannot claim or own GIs.

c. Indian Strength: India is a leader in GI registrations—Darjeeling Tea, Mysore Silk, and Banarasi Sarees are prime examples. In Tea Board, India v. ITC Limited (2011), the Calcutta High Court held that using the term “Darjeeling” for a lounge did not infringe GI rights, marking the limits of GI protection.

6. Trade Secrets

a. Definition: Trade secrets refer to confidential business information that provides a competitive edge, like formulas, practices, or designs.

b. AI Relevance: Algorithms and training data used by AI models are often protected as trade secrets, especially in the tech sector.

c. Indian Practice: Though not formally codified, trade secret protection is enforced under contract and equity. In American Express Bank Ltd. v. Priya Puri (2006), the Delhi High Court recognized an implied duty of confidentiality in employer-employee relationships.

7. Plant Variety Protection (PVP)

a. Definition: Grants rights to plant breeders for developing new plant varieties, ensuring agricultural innovation.

b. AI Relevance: AI can assist in genetic mapping and identifying new breeds but cannot hold rights over varieties.

c. Indian Case: In Pioneer Overseas Corporation v. Chairperson, Protection of Plant Varieties (2018), the Delhi High Court reiterated the procedural rigor required for variety registration and upheld farmers' rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.

B. Conclusion: The AI Challenge to IPR

The emergence of AI challenges traditional notions of creativity and invention that underpin IPR. Currently, most legal systems—including India—do not recognize AI as a legal person capable of holding rights. The emphasis remains on human contribution. However, as AI-generated content and inventions become more prevalent, legislative reforms and judicial interpretations will need to evolve.

In India, courts have been proactive in interpreting IPR laws but have not yet faced the full extent of AI-related disputes. Given India's fast-growing tech ecosystem, the judiciary and legislature will play a pivotal role in shaping a forward-looking, AI-aware IPR regime, balancing innovation with accountability.

Thank you for reading.

Authored by: 

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

+919823044282

15:29

3rd Jeshtha 14234

24th May 2025