The Changing Architecture of Intellectual Property in the Age of Artificial Intelligence

Artificial intelligence is rapidly encompassing industries and systems of governance, increasing efficiency, automation, and innovation. It has become a vital tool for creating text, images, music, software, and potentially patentable inventions. This rapid advancement in IP is not without risks at every stage of the innovation cycle. Traditional IP regimes arise from human creativity and invention, while AI performs activities traditionally attributed to both. India doesn't have any regulatory framework on AI-generated intellectual property, yet the Copyright Act, 1957, and Patents Act, 1970, contain certain principles—an answer to several emerging questions. This article argues that India should adopt a balanced approach to AI-generated creations instead of granting independent IP rights or prohibiting them. Instead, it should adopt a model that will protect creative human contribution as well as hold AI developers accountable for unlawful acquisition and exploitation of protected works.