Intellectual Property Rights including Copyright and Related rights provide exclusive rights to the right owner who are legal persons for a set duration. These rights allow for the work or creation or innovation to be protected and enables collection of royalties through licensing. For a right to be granted, the owner is required to meet the criteria specified under the law. India being a member of all major international conventions and agreements for the protection of Intellectual Property Rights grants adequate protection of rights for works created by legal persons through Copyright Law and protects inventions through the Patent system. Therefore, there is no requirement to create a separate category of rights for AI and related innovations in the Indian IPR Regime. Therefore, while Artificial Intelligence (AI) and related innovations is an evolving stream of technology the current legal framework under the Patent and Copyright Act is well-equipped to protect Artificial Intelligence generated works and related innovations. Presently, there is no proposal to create any separate right so ram end the law in the context of AI-generated content.

The exclusive economic rights of a copyright owner such as the right of reproduction, translation, adaptation etc. granted by the Copyright Act, 1957 obligates the user of Generative AI to obtain permission to use their works for commercial purposes if such use is not covered under the fair dealing exceptions provided under Section 52 of the Copyright Act. Since Intellectual property rights are private rights, these are enforced by the individual rights holders. Adequate and effective civil measures and criminal remedies are prescribed under the Copyright Law against any act of infringement or unauthorized use of works, including digital circumvention.

This information has been provided by the Union Minister of State for Commerce and Industry, Shri. Som Parkash in a written reply in the Rajya Sabha.

Copyright protection governs AI-generated works; users must obtain permission for commercial use beyond fair dealing. The existing Indian IP framework of copyright and patents is sufficient to protect AI-generated works; copyright confers exclusive economic rights enforceable by owners, requiring users of generative AI to obtain permission for commercial use unless covered by the fair dealing exceptions, and statutory civil and criminal remedies-including against digital circumvention-address infringement.