AI, INTELLECUAL PROPERTY, AND EMERGING LEGAL CHALLENGES Sangeetha S

SANGEETHA S

SREE NARAYANA LAW COLLEGE,

POOTHOTTA

LLM, CRIMINAL LAW

Mob:7306708171

Sangeethas2929@gmail.com

ABSTRACT

DIGITAL SOVEREINTY AND GLOBAL EQUITY: ARTIFICIAL INTELLIGENCE, INTELLETUAL PROPERTY, AND EMERGING LEGAL CHALLENGES

The accelerating integration of Artificial Intelligence into global economic and governance structures has reignited debates on digital sovereignty and its implications for global equity. This paper critically examines how states and private actors assert control over data, algorithms, and digital infrastructure, often creating asymmetries that disadvantage developing economies. It argues that the current intellectual property regime particularly copyright, patent, and trade secret protections fails to adequately address the unique characteristics of AI generated outputs and training datasets, thereby exacerbating inequalities in access and innovation.

Focusing on emerging legal challenges, the paper analyzes tensions between proprietary AI systems and the need for open, inclusive technological development. It evaluates whether existing frameworks under international agreements such as the TRIPS Agreement sufficiently balance innovation incentives with equitable access, especially in the Global South. The study further explores issues of data colonialism, algorithmic bias, and jurisdictional conflicts, highlighting how dominant tech corporations shape digital sovereignty beyond traditional state centric models.

Through a comparative and doctrinal approach, the paper proposes a reimagined legal framework that integrates principles of distributive justice, transparency, and collaborative governance. It advocates for adaptive IP norms, strengthened data governance regimes, and multilateral co-operation to ensure that AI development does not reinforce existing global inequalities. Ultimately, the paper contends that achieving digital sovereignty must align with the broader objective of global equity, requiring a paradigm shift in how law conceptualizes ownership, control, and access in the digital age.

Keywords: Digital Sovereignty, Artificial Intelligence, Intellectual Property, Global Equity, Emerging Legal Challenges