Reshaping Sri Lankan Intellectual Property Law: The Influence of Artificial Intelligence

Abstract

As Artificial Intelligence (AI) systems increasingly perform autonomous creative and inventive functions, the foundational concepts of authorship and inventorship in intellectual property (IP) law are being challenged. This Article explores the complex intersection between AI and intellectual property (IP) rights. Additionally, the article examines the impact of AI on copyright and patent regulations, specifically within the context of the Sri Lankan legal framework. It critically examines the challenges surrounding authorship and ownership of AI-generated works. The central research questions address whether AI-generated works can qualify for authorship and receive copyright protection; how inventorship is determined in AI-generated inventions; whether non-human creators can be legally recognized; the adequacy of the existing IP regime in Sri Lanka; and the reforms required to build a future-ready, balanced legal framework. A doctrinal and comparative approach was employed to analyse gaps in statutes and trends in judicial decisions across various jurisdictions. Therefore, the study highlights legal and ethical concerns arising from AI-driven innovation by analysing relevant case law, international legal instruments, and evolving policy frameworks. The results indicate an urgent requirement to revise definitions related to authorship, originality, and inventive step to incorporate contributions from non-human entities. The study concludes by suggesting a legal framework that is prepared for the future, aiming to harmonize innovation, ethical considerations, and the rights of human creators in the era of digital advancement. The paper ultimately proposes strategies to balance protecting intellectual property and fostering innovation in the era of artificial intelligence.