The Impact of AI on Intellectual Property Rights: Copyright, Patents, and Broader Implications in Pakistan and Globally

Abstract

Artificial intelligence (AI) is transforming intellectual property rights (IPR) by challenging conventional notions of authorship and inventorship in copyright and patent laws, both globally and in Pakistan. Governed by statutes such as the Copyright Ordinance, 1962, Patents Ordinance, 2000, and the Intellectual Property Organization of Pakistan Act, 2012, Pakistan's IPR framework lacks specific provisions for AI-generated content, leading to uncertainties in protection and enforcement. This article explores AI's impact on copyright and patents, the WTO's role through the TRIPS Agreement, IPR dynamics in Pakistan's pharmaceutical and fashion industries, digital enforcement challenges under the Prevention of Electronic Crimes Act, 2016 (PECA), the economic aspects of IPR, and its role in Open Access and Open Science. Drawing from Pakistani case studies like EMI (Pakistan) Ltd v. Muhammad Ali (PLD 1984 Lah. 53) for copyright infringement and Novartis AG v. Highnoon Laboratories Ltd. (PLD 2020 SC 692) for patents, it identifies a key problem statement: the absence of AI-specific regulations in Pakistani IP laws creates legal ambiguities, stifling innovation and access. The research gap lies in the limited empirical studies on AI-IPR intersections in Pakistan, particularly in emerging sectors. Proposed solutions include amending ordinances to define AI authorship, enhancing IPO-Pakistan's guidelines, and leveraging TRIPS flexibilities for a national AI-IP policy. This 10-page analysis (approximately 5000 words) advocates for balanced reforms to foster innovation while ensuring equitable access in Pakistan's developing economy.