IPR stands for intellectual property rights,it's a creation of any intellect or wisdom created by any person by using the ideas in their mind and IPR enforce such rights which helps person to protect their creation and wisdom. The Intellectual Property Rights usually give the creator an exclusive right over the use of his/her creation for a certain period of time.The word intellectual property rights first defined in Paris Convention, 1883. The IPR are divided into several types:

Intellectual Property Rights (IPR)

• Copyright: The Copyright protects your right from copying by anyone. It protects the rights which consist of literary, dramatic, and artistic works. A copyright also states that the original creators can grant anyone authorization through a licensing agreement to use the work.
• Trademark: A trademark is a symbol, phrase, or insignia that's recognizable and represents a product that legally separates it from other products. A trademark is exclusively assigned to a company.
• Patents: The patent is any invention done by any person using their wisdom and mind or the patent helps in protecting the invention of the person. The patent allows the inventor exclusive rights to the invention, which could be a design, process, improvement, or physical invention such as a machine.
• Plant Breeders' Rights: It is an internationally recognized system, which allows the breeder to hold intellectual property rights in the propagation of a new variety for commercial use. It enables the collection of end-point royalties (EPR), which can then be used to fund future breeding activities.
• Trade Secrets: A trade secret is a company's process or practice that isn't public information and provides an economic benefit or advantage to the company or holder of the trade secret. Trade secrets must be actively protected by the company and are typically the result of a company's research and development (R&D). This is why some employers require the signing of non-disclosure agreements (NDAs).
• Geographical Indication: A geographical indication (GI) is a distinctive sign used to identify a product whose quality, reputation, or other such characteristics relate to its geographical origin.

IPR Laws In India:

• Trade Marks Act, 1999
• The Patents Act, 1970 (amended in 2005)
• The Copyright Act, 1957
• The Designs Act, 2000
• The Geographical Indication of Goods (Registration and Protection) Act, 1999
• The Protection of Plant Varieties and Farmers Rights Act, 2001
• The Information Technology Act, 2000

TRIPS

The TRIPS agreement has made way for the harmonization of Indian laws connected with Intellectual Property Rights. The agreement was implemented with the minimum standards for the protection of IPR. A time-frame has been specified within which the participating countries are required to effect changes in their respective laws to meet the requisite compliance standards. The rest of the article seeks to highlight the amendments brought forth by the agreement in intellectual property laws.

1. Trade Marks Act, 1999 - A trademark is a unique symbol that differentiates one brand from the other and is considered essential for protecting the brand from being illegally replicated. The Trademarks Act of 1999 provides for the registration of service marks, the filing of multi-class applications, enhancing the term of trademark registration to 10 years, the recognition of the concept of well-known marks, etc. The Indian legal framework has also extended the protection to Domain Names.
    
2. The Patents Act, 1970 (amended in 2005) - Patent was first introduced in the year 1911 at courtesy of the Indian Patent and Designs Act, 1911. This Act was superseded in the year 1972 with the enforcement of the Patents Act, 1970. The Act, which is now the governing Act for Patents in the country till now, went through an amendment in 2005 and is now known as the Patents (Amendments) Act, 2005. The Amendment deals with the extension of product patent to all fields of technology including foods, drugs, chemicals, and micro-organisms.
    
3. The Copyright Act, 1957 - The Act was formulated in 1957 and has been amended from time-to-time. The Act preserves the right of artistic endeavors which includes painting, sculpting, drawing, engraving, photography, artistic craftsmanship, dramatic work, literary work, musical work, sound recording, and cinematography.
    
4. The Designs Act, 2000 - The act's requirements are to provide protection to original and aesthetically appealing designs which have the potential for commercial applications and is in consonance with the evolvements in technology and economical advancements.
    
5. The Geographical Indication Act, 1999 - A Geographical Indication (GI) is utilized on goods with a specific geographical origin and it consists of qualities or reputation that are due to the place of origin. Rights in terms of GI are valuable and need to be protected against misuse by dishonest commercial operators. In view of this, India has adopted legislative measures by enacting the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.
    
6. Protection of Plant Varieties and Farmers Act, 2001 - India has enacted the Protection of Plant Varieties and Farmers Act, 2001 (commonly known as the "Plant Act"), as per the recommendations of the International Union for Protection of New Varieties of Plants, Geneva. The Act has facilitated the creation of a Protection of Plant Varieties and Farmers Rights Authority. The body is entrusted with the task of promoting the development of new varieties of plants as well as the protection of plant varieties and the rights of the farmers and breeders. Till now, the Indian Government has notified 114 crops with their genera to be registered under the initiative.
    
7. Information Technology Act, 2000 - The Act is aimed at rendering a legal recognition of transactions pursued through electronic data interchange and other means of electronic communication involving the use of alternative to paper-based methods of communication and storage of information with governmental agencies.

International Treaties To Protect The IPR

TRIPS
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into force in 1995, as part of the Agreement Establishing the World Trade Organization (WTO). TRIPS applies basic international trade principles to member states regarding intellectual property, including national treatment and most-favored-nation treatment.

TRIPS establishes minimum standards for the availability, scope, and use of seven forms of intellectual property: copyrights, trademarks, geographical indications, industrial designs, patents, layout designs for integrated circuits, and undisclosed information (trade secrets). It spells out permissible limitations and exceptions in order to balance the interests of intellectual property with interests in other areas, such as public health and economic development.

Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886, is the world's oldest multilateral copyright convention. The treaty contains a series of substantive provisions that set forth the minimum protection to be granted to authors and their copyrighted works (e.g, it sets forth certain minimum exclusive rights that must be provided and a minimum term of protection).

The Convention is based on the important principles of national treatment (which requires each Berne member to treat nationals of other members at least as well as it treats its own nationals) and "automatic" protection (i.e., copyright protection outside the country of origin must not be conditioned upon compliance with any legal formalities such as a registration system).

Madrid Protocol
The Madrid Protocol is a filing or procedural treaty, not a substantive harmonization treaty. It was designed to provide a cost-effective, efficient, and centralized way for trademark owners—individuals and businesses—to obtain protection for their marks in multiple countries by filing one international application with the applicant's office of origin, in one language, with one set of fees, in one currency. Learn about the Madrid Protocol registration process.

Laws In India Concerning AI
The Indian government is actively investing in the artificial intelligence sector. Most recently, it sanctioned a substantial investment of INR 103 billion (US$1.25 billion) for AI projects over a period of five years. This funding will be allocated to diverse objectives, such as the development of computing infrastructure, large language models, and supporting AI startups.

Additionally, a National Data Management Office will be established that will coordinate with various government departments and ministries to improve the quality of data and make them available for AI development and deployment. These investments aim to foster the creation of AI applications for the public sector.It is expected that this sector will be governed by the Digital India Act, which may be released for public consultation by July 2024. This law is expected to facilitate AI development by 'safeguarding' innovation in AI, ML and other emerging technologies.

AI regulatory landscape in India
Presently, India lacks a dedicated regulation for AI, but instead, it has established a series of initiatives and guidelines aimed at the responsible development and deployment of AI technologies.

• 2018: Launch of the National AI Strategy (#AIFORALL)
  • NITI Aayog introduced India's first national AI strategy, named #AIFORALL, with a focus on creating an inclusive approach to artificial intelligence.
  • The strategy highlighted key sectors for AI innovation and deployment in India, including healthcare, education, agriculture, smart cities, and transportation.
     
• February 2021: Drafting of Principles for Responsible AI
  • As a continuation of the National AI Strategy, NITI Aayog drafted the Principles for Responsible AI to address ethical concerns in AI implementation.
  • The principles are divided into two main categories:
    • System Considerations: Focused on decision-making principles, fair inclusion of beneficiaries, and accountability.
    • Societal Considerations: Concentrated on the impact of automation on job creation and employment.
       
• August 2021: Publication of the Second Segment on Responsible AI
  • NITI Aayog released the second part of the Principles for Responsible AI, focusing on the practical application of the ethical principles outlined earlier.
  • This document emphasizes the role of the government in promoting responsible AI in social sectors, in collaboration with the private sector and research organizations.
     
• Government Initiatives on AI Development and Standards
  • The Ministry of Electronics and Information Technology has established committees on AI to produce reports on AI development, safety, and ethical issues.
  • The Bureau of Indian Standards (BIS), as India's national standards body, has also formed a committee dedicated to AI, which is currently working on drafting Indian standards for the field.

Rules against Deepfakes
Deepfakes are digitally manipulated media, including videos, audio, and images, created using AI. These digitally falsified media have the potential to harm reputations, fabricate evidence, and erode trust in institutions due to their hyper-realistic nature.Although the Indian government has stated that pertinent legislation is being developed, there are currently no laws in the country that specifically cover generative AI, deepfakes, and crimes involving AI.

Currently, there are a number of statutes that provide both criminal and civil remedies. For example, deepfake crimes pertaining to privacy violations are covered by Section 66E of the Information Technology Act, 2000, and are punishable by up to three years in prison or a fine of INR 200,000.

Malicious use of computers or communication equipment is prohibited by Section 66D, which carries fines and/or jail time as punishments. Furthermore, publishing or sending pornographic deepfakes may be prosecuted under Sections 67, 67A, and 67B of the IT Act 2000. Social media companies are required by the IT Rules to promptly delete such content; failing to do so could result in the loss of "safe harbour" protection.

Further recourse for deepfake-related cybercrimes is provided by the Indian Penal Code under Sections 509 (insulting a woman's modesty), 499 (criminal defamation), and 153 (a) and (b) (spreading hate).

Conclusion
Intellectual Property Rights (IPR) play a pivotal role in safeguarding the creative and intellectual endeavors of individuals and organizations, particularly in the age of rapidly advancing technologies like Artificial Intelligence (AI). By offering protection through copyrights, trademarks, patents, and other forms of IPR, creators are empowered to defend their work from unauthorized use, replication, and exploitation. The legal frameworks in India, bolstered by international agreements like TRIPS, ensure that innovations, artistic expressions, and proprietary information are secure, thereby fostering an environment conducive to further creativity and innovation.

In the context of AI, where the boundaries of creativity and invention are constantly expanding, the importance of IPR is more significant than ever. While India is still developing comprehensive regulations specifically addressing AI, existing IPR laws provide a robust foundation for protecting human intellectual outputs from potential misuse by AI systems. The ongoing efforts to regulate AI through guidelines and proposed legislation, such as the anticipated Digital India Act, reflect the nation's commitment to balancing innovation with ethical considerations and legal safeguards.

As AI continues to evolve, it is crucial to adapt IPR laws to address new challenges, such as deepfakes and AI-generated content, ensuring that the rights of creators are preserved in an increasingly digital and automated world. By doing so, IPR will remain a cornerstone in the protection of human creativity and intellectual achievements against the backdrop of technological advancements.

Written By: Adv Kunal Vohra