Prospects and Challenges of Artificial Intelligence Protection in Indian IPR Regime vis-à-vis EU, China and the US

Abstract

The protection of artificial intelligence has become front-page news in the present scenario because of the pace with which it is being developed and used. It has transformed the world in the recent decade and opened up numerous opportunities in various domains, including healthcare, finance, education, manufacturing, and many others. However, with the shift in focus towards AI, the need to ensure its protection under the intellectual property rights regime has become crucial. The protection that should be offered is not only for some invention of AI but also for the repercussions associated with the kind of use it is put to. Consequently, the emphasis in this paper is not only on the users of AI systems but also on their developers. Nonetheless, the Indian government has released its strategy, which outlines its plan to transform India into a global artificial intelligence powerhouse in the coming years.This paper summarises the laws on AIs in the EU, China, the US, and India, and critically examines the approaches taken by these countries for AI protection.This paper also aims to compare and contrast the laws for the protection of artificial intelligence in the EU, China, the USA, and India. It includes an evaluation of the legal analysis of how these nations’ IP rules now apply to the creative and inventive outputs produced with the help of AI. The legal analysis explores whether and to what extent AIs are protected by the laws of these countries.
The paper offers suggestions for how to improve the application of current laws and concludes with recommendations on measures to be taken by the Indian government regarding possible revisions of laws and regulations concerning the protection of AIs.