India poised to balance innovation with IP protection, but enhanced cybersecurity measures and better education needed

With a thriving start-up culture and a fertile innovation ecosystem, India is rapidly emerging as a key player on the global IP stage. WTR asked contributors to the latest edition of Inside India’s IP Market: a Guide 2025 to shed light on the current state of play in the region, the biggest challenges currently facing rights holders and how to counter these. 

Emerging technology has led the government to implement proactive initiatives to develop AI models and encourage multinationals to set up manufacturing operations in India. 

However, blurred jurisprudence regarding AI and infringement, cyberattacks and a lack of IP awareness remain active threats. Experts call for fresh legislation, more robust cybersecurity measures and better education to help rights holders future-proof their assets.

Government initiatives are driving IP activity and incentivising innovation 

India is at a “pivotal juncture” when it comes to AI, argue Sagar Chandra and Shambhavi Sharma of Sagar Chandra & Associates. The government’s initiative to develop a domestic AI model aims to “lead in regulated AI deployment but also to set a precedent for balancing innovation with IP protection”, the pair say.

Government campaigns are also helping to promote IP activity by encouraging multinationals to set up manufacturing facilities in India, say Ranjan Narula and Abhishek Nangia of RNA Technology (see “Navigating the legal challenges in protecting celebrity rights”). 

Initiatives such as Digital India and Make in India “lay the groundwork for a future in which inventors and creators can thrive” and highlight the country’s commitment to strengthening its IP ecosystem, Dipanjana Chakraborty at De Penning & De Penning insists (see “Fresh amendments to India’s Patent Rules to streamline filing system”). While Digital India aims to increase accessibility and efficiency by digitising IP enforcement and registration, Make in India incentivises innovation in the telecoms, auto, pharma and semiconductor industries and supports R&D, say Narula and Nangia. 

Shweta Singh and Khushal Juneja at Enoble IP maintain that the Start-up India campaign and the National IP Rights Policy have made rights protection “more accessible than ever” by streamlining registration processes (see “Key government initiatives underscore importance of leveraging intellectual property for SMEs in India”). These initiatives provide robust support for businesses aiming to scale globally, says Amit Aswal of AnovIP (see “Navigating a new digital landscape: what foreign brand owners need to know”).

But legal ambiguity on AI, geopolitical tensions and cyberattacks present risks

India is “well positioned” to allow AI innovations to flourish while protecting copyright, say Aniruddh Bhatia and Dr Victor Vaibhav Tandon of Saikrishna & Associates report (see “Analysing whether government intervention would help or hinder SEP/FRAND disputes in India“). However, the “disruptive” nature of AI will likely raise questions about ownership and “test the limits of copyright jurisprudence”, they warn.

Use of copyright-protected content to train generative AI is “surrounded by legal ambiguity, especially the liability for potential infringements”, caution Chandra and Sharma. “Letting AI platforms flourish without robust principles and regulations could accelerate these challenges” and lead to IP dilution, increased misuse and lack of accountability in infringement cases, they warn. 

Meanwhile, “globalisation and the increasing complexity of IP disputes across jurisdictions present new challenges”, say Singh and Juneja. Heightened geopolitical tensions and “strained relations with China” could impact India’s supply chains and investment climate, and thus its IP landscape, Narula and Nangia report. The lack of widespread IP awareness – especially among SMEs and start-ups – exacerbates the risk of unprotected innovation against this backdrop, says Singh and Juneja.

Further, cyberattacks targeting IP assets are emerging as “a pressing concern, amplifying risks for businesses transitioning to digital operations”, report Singh and Juneja. Aswal also cites “intensifying” cyber threats, counterfeiting, infringement and trade secret theft, all of which are hindering organisations’ ability to thrive. 

Robust cybersecurity measures, better education and regular IP audits can mitigate the impact 

Despite concerns over the lack of jurisprudence when it comes to AI training and copyright infringement, Chandra and Sharma suggest that AI-powered copyright monitoring systems can be used to identify and flag infringing content. “The takedown mechanism provided by all the major platforms, including Google, Instagram, Facebook and YouTube, is a crucial tool,” they add. 

“Awareness initiatives and stronger public-private partnerships can foster a culture of IP respect and compliance,” says Chaudhri.It is “imperative” that brand owners understand the legislation that governs IP rights in India to bolster their monetisation strategies, insist Vikrant Rana, Lucy Rana and Shilpi Saurav Sharan of SS Rana & Co (see “Strategic considerations for licensing and franchising brands in the Indian market“). This can be achieved by collaborating with educational institutes and investing in awareness campaigns to mitigate risk.

Narula, Nangia, Singh, Juneja and Aswal also cite regular IP audits as a useful tool to identify vulnerabilities and conduct thorough risk assessments. 

Fresh legislation on the horizon?

Malhotra insists that advancements in AI, spatial computing and 3D printing necessitate “adequate protections and legislation”. This is especially important when it comes to cybersecurity, Chakraborty adds. “It cannot be ruled out that the Indian parliament might formulate a clear policy framework on AI training models, ownership and AI-based inventions,” she says.

Navigating AI-driven IP issues while maintaining a “just, competitive and creative ecosystem” requires a global and collaborative effort from legal and technological experts and content producers, Chandra and Sharma advise. As India’s fast-moving market continues to bring new challenges, rights holders and IP professionals should closely monitor the latest developments and tailor their strategies accordingly.

The latest edition of Inside India’s IP Market: a Guide 2025 is now live and available to access here.