Abstract:
This Article examines the changing relationship between artificial intelligence
(AI) and intellectual property (IP) law, specifically examining legal, ethical, and
regulatory difficulties related to authorship, ownership, and the patentability of
works created by AI. With the rise of AI systems generating original pieces of
work such as literature, music, visual art, and software, traditional intellectual
property structures assuming human authorship and creative intention face
significant challenges. This study explores how the current intellectual property
regulations in Sri Lanka are responding to or falling short in addressing these
new challenges. Using a doctrinal and comparative legal research methodology,
the study examines the legal provisions established in Sri Lanka’s Intellectual
Property Act No. 36 of 2003, pertinent international case law, and comparative
structures from several jurisdictions. It further assesses international treaties,
scholarly critiques, and developing policy proposals. The research findings reveal
that Sri Lanka’s IP regime is currently ill-equipped to manage the complexities
introduced by AI-generated content. The lack of legal acknowledgment for non
human authors means that works produced by AI fall outside copyright
protection. Additionally, while Sri Lankan legislation does not ban software
patents, it lacks clear guidelines on aspects such as the inventive step and
ownership concerning inventions generated by AI. Furthermore, matters related
to trade secret protection, reverse engineering, and fair use in the digital
landscape are also not sufficiently addressed. Further, there is a critical need for
extensive legal reform to keep pace with the AI era. Recommendations include
explicitly recognizing the patentability of AI-driven innovations, modernizing
copyright laws to accommodate AI-generated works with minimal human input,
and expanding trade secret protections. Strengthening enforcement mechanisms
against counterfeiting and enhancing judicial and regulatory understanding of AI
technologies are also emphasized. By identifying legal gaps and proposing a
future-oriented IP framework, this study contributes to the global discourse on
balancing IP protection with technological advancement. It underscores the
urgent need for Sri Lanka and similar jurisdictions to build responsive,
innovation-friendly legal systems that address the unique challenges posed by AI
while safeguarding the rights of human creators and society at large.
