Sreya Chakraborty AI, Intellectual Property and Digital Sovereignty Legal Challenges and Forensic Perspectives Sreya Chakraborty

Title: AI, Intellectual Property and Digital Sovereignty: Legal Challenges and Forensic Perspectives

Author:

Name: Sreya Chakraborty,

Designation: PhD Research Scholar,

Department of Law,

University of Calcutta, Hazra Campus

Phone: 9038166511

Abstract

The proliferation of Artificial Intelligence (AI) has disrupted conventional frameworks of intellectual property (IP), data governance and human rights, creating unprecedented legal ambiguities. This paper critically examines the evolving relationship between AI-generated content, ownership rights and regulatory accountability within the broader discourse of digital sovereignty and global equity. It interrogates how AI challenges traditional IP doctrines of authorship, originality and liability, particularly in contexts where human intervention is minimal or absent.

The study integrates the role of digital forensics as a crucial mechanism for ensuring traceability, authenticity and evidentiary reliability in disputes involving AI systems including copyright infringement, deepfakes and data misuse. It further evaluates the effectiveness of India’s Digital Personal Data Protection (DPDP) Act in addressing issues of consent, data ownership and privacy within AI ecosystems. While the Act introduces significant safeguards, its application to AI-driven data processing reveals critical gaps in enforcement, cross-border data flows and algorithmic accountability.

Positioning these challenges within a global framework, the paper argues for a reconfiguration of IP and data protection regimes that aligns with principles of fairness, inclusivity and technological neutrality. It advocates for integrating forensic auditability and rights-based safeguards into AI governance to bridge the divide between innovation and regulation. The paper ultimately calls for adaptive, harmonized legal responses that uphold both digital sovereignty and equitable access to knowledge in an AI-driven world.

Keywords

Artificial Intelligence; Intellectual Property; Digital Forensics; DPDP Act; Digital Sovereignty