Abstract

The growing reliance on Artificial Intelligence (AI) tools for content generation and branding poses new risks to the intellectual property framework of India, especially with respect to copyright and trademark laws. The Copyright Act, 1957 initially caters to human authors and does not account for AI as a potential creator, while the Trade Marks Act, 1999 has to increasingly grapple with issues of AI-created branding and logo making. As AI design tools and content generators rise in prominence, the distinction between human and machine authorship is incredibly fuzzy. Further, AI's propensity to analyze data and independently create brands poses new questions with regard to originality, ownership, and even trademark clashes. The aim of this paper is to assess the situation in India with respect to the existing legal framework of copyright and trademarks, understand the challenges of AI, and suggest how the legal system can be modified to manage ownership issues, liability problems, and enforcement policies. India is one of the many nations that need to protect AI innovations while ensuring that there is sufficient legal coverage to mitigate the infringement of intellectual property rights.

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