Navigating the Intellectual Property Landscape in the Age of AI Challenges and Opportunities

Khurana and Khurana, Advocates and IP Attorneys India


AI i.e., Artificial Intelligence[i]is not particularly a novel concept. With AI, we are all very familiar. We refer to it as AI when a machine behaves in a human-like manner. AI is a synthesis of many academic fields, including science, math, sociology, philosophy, etc. Various viewpoints exist regarding the advancement of AI. Some claim that artificial intelligence (AI) will take the place of people and eventually surpass humanity, while others have praised the advancement of AI and asserted that it will enhance human life.



Artificial Intelligence isn’t always new; we all are aware of AI.Artificial Intelligence is an aggregate of different reviews on AI improvement or development.

AI and Patent: It is confident that Artificial Intelligence will create a brawl in the Patent commercial enterprise. There are various viewpoints raised via distinctive Law firms & Jurists on whether the invention created by using Artificial Intelligence must be granted a Patent or no longer.

AI and Copyright: Copyright[ii] authorizes the writer to protect their work. The work may be dramatic, literary, musical, artistic paintings, and so forth. The basis at the back of Copyright is to shield the work of the creative thoughts. At present, it’s miles a situation whether the paintings created through Artificial Intelligence are safeguarded or no longer. According to the Indian Copyright Law, it appears tough to shield the work created through Artificial Intelligence.

AI and Trademark: When we search or order online, we discover the topmost brands. However, there is a large threat that AUI can obstruct the opposition inside the market due to its selective technique. It’s very tough to discover how AI can violate Trademarks[iii]. There is an awful want for brand new rules & rules in the Trademark concerning Artificial intelligence.



Systems for protecting intellectual property (IP) were created to promote human invention and innovation. Up until recently, this kind of invention and innovation became one of the traits that separated humans from other species.

As AI continues to gain popularity as a general-purpose technology with numerous applications in the economy and society, it raises crucial issues that are at the core of the current IP systems. Incentives for IP are desired for AI innovation and introduction.

In Practical scenarios: IP rights infringement and enforcement on content-sharing platformsIn light of EU[iv] Directive No.

For example, system learning tools may be used to remove digital watermarks and dots that are used to prevent the online distribution of illegal copies of copyrighted works, as well as to create “deep fakes”—described in the Study as “synthetic media in which an individual in an image or video is replaced with any other’s likeness”—that are created using a particular type of system learning known as “generative adversarial networks.”

Additionally, the EUIPO [European Union Intellectual Property Office (EUIPO)] [v] emphasizes the value of natural language processing technology, which refers to tools that computers can use to process data to understand the meaning of human language. Law enforcement can use such technologies to look at how people behave and what they share. To prevent future violations and to prove the legitimacy of counterfeited content, correlations can be discovered in datasets.


The updated enforcement tools made available by the copyright directives: AI technologies can also be utilized to improve IP violation detection [vi]and, most likely, prediction. The same method, though, is increasingly being used for legal infringing activities as well. Such applications of AI technology may become more and more prevalent in the context of the brand-new topic made possible by the Copyright Directive[vii].



It is abundantly clear that current intellectual property laws are unable to adequately address inventions and works related to AI. On our smartphones, whether it be for face IDs or fingerprint locks[viii], we all use artificial intelligence. Even the most highly developed countries, like the US, lack laws that address AI’s work. The European Union is considering laws governing AI as well.On the other hand, the government could make excellent use of that same era. To identify deep fakes on social media that violate copyright and design rights, law enforcement can use AI bots.

To differentiate between AI-created works and AI-aided works, a specific perspective must be formulated. The correct IP holder may be decided thereon. The patent regulation simply demarcates between an inventor and an invention but the class beneath which AI structures fall is not yet determined. It is necessary for the regulation to be more precise, and clear and to include provisions with more understandable language. Similarly, the definition of authorship below the copyright act has to be examined and adjusted in keeping with the changing dynamics. There have been ambiguities in trademark laws as well. AI’s popularity and function, especially in situations where humans commonly feel they perform the first-class role, need to be analysed.



Artificial intelligence is certainly one of them that needs to be considered. AI and IPR are in a tough situation. The implementation of IPR in AI with method and safety logs at hand is a real hassle. There is also a lack of information about the special capabilities of AI. This becomes more difficult in developing nations like India, which are still struggling through rigorous technological adaptations.

Presently, it is through the interpretation of the courts that the issues revolving around AI and IPR are being addressed. However, many issues require clear, based, and analysed rules. Amendments should be made to present IPR legal guidelines to deal with the difficulty of AI as well. With the use of AI, there may be an added advantage for future inventions. India has been searching tirelessly for ways to do this. Niti Aayog in a discussion paper in 2018, described approximately the significance of AI in healthcare, training, infrastructure, and so on.





[i]INTELLIPAAT, visited on 06th Aug, 2022)

[iii]  Aishwarya Parameswaran, Everything you need to know about trademark and its types, IPLEADERS (Dec 12, 2021),

[iv] Claes Garner, Ex-ante measures regarding data transfers and ex-post enforcement of rights, EUROPEAN LAW BLOG (8 July, 2022, 11:09 P.M.),

[v] Artificial Intelligence and IP rights: threats and opportunities by Dentons ( April 14, 2022, 9:00 PM )  



[vii] Darren Allan, EU Copyright Directive: what does it mean, and should you be worried?, TECHDAR BLOG (Mar.29,2019,9:00A.M.),                                                                              


[viii]Reece Thompson, How do Fingerprint Locks Work? All you Need to Know, ALARMS4LIFE BLOG (August 4, 2020, 12:01 A.M.),

Khurana and Khurana, Advocates and IP Attorneys

About the Firm

Khurana and Khurana, Advocates and IP Attorneys

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Contact PersonTarun Khurana

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