Specification of Patent in India: A Complete Outlook

The fast developments in AI voice synthesis led to in a revolutionary era in technology: immediate voice cloning. Modern algorithms can now produce a nearly identical replica of an individual’s voice using just a few minutes of their voice recording. Most of us probably have heard a number of songs that include the voice of our Prime Minister; these recreated tracks are a clear example of AI voice cloning. Such technology has allowed creators and businesses to create things like songs, speeches, etc., in the unique yet identifiable voices. It could enhance creative and personalized media but, in doing so, also creates complex ethical and legal difficulties, particularly with respect to copyright, privacy, and personality rights. AI Voice Cloning: Understanding the Technology Voice cloning is dependent on the cutting-edge of deep learning and machine learning algorithms to analyze an individual’s voice frequencies, tone, and accents. Once those specific characteristics are recorded, they can be reproduced digitally in order to create audio that as closely as possible resembles the original speaker. This feature, when paired up with Speech Synthesis Markup Language (SSML), enables users to personalize aspects like pronunciation, pitch, and speed, making it as realistic and lively a voice as possible, closely identifying with a natural human voice. These are great possibilities, but there is a flip side where this technology can be abused if used without the knowledge of the person whose voice it matches. The Arijit Singh Case: A Significant Decision on Personality Rights The recent ruling by the Bombay High Court in favour of Bollywood singer Arijit Singh brought attention to the legal issues surrounding AI voice cloning. The court, in the present case, provided interim relief to Arijit Singh, recognising that his voice, name, and likeness are essential components of his identity, referred to as “personality rights.” Arijit Singh initiated legal action against Codible Ventures LLP, a firm that allowed users to generate content using his voice without obtaining consent. The court’s decision to define the unauthorised use of Singh’s voice as a violation of his rights sets an important precedent. It emphasises that an individual’s voice, much like their name or image, is an integral aspect of their identity and is protected under personality rights.  The court acknowledged Singh’s status as a well-known and influential artist, pointing out his reputation and goodwill in India. The court highlighted that previous cases concerning personality rights indicate that using a celebrity’s voice or personal traits for commercial gain without permission constitutes a clear violation of those rights. This ruling clearly suggests that tools that allow for the generation of content in a celebrity’s voice without their permission infringe upon their rights and pose risks to their economic and public standing. Legal Considerations: Copyright, Personal Rights, and More The decision involving Arijit Singh carries major consequences for several legal concepts, such as copyright, intellectual property, and personality rights. 1. Personality Rights: This case highlights that a celebrity’s name, voice, and likeness are integral parts of their personal brand and identity. Protecting these rights stops illicit third parties from profiting off someone else’s identity and plays a crucial role in protecting their career and livelihood. 2. Copyright and Ownership: The complexities of ownership arise when dealing with AI-generated content that utilises cloned voices. Is the voice model subject to copyright protection, and who holds the legal rights to the content generated with that voice? When a voice model originates from a public figure, the boundaries of copyright law can become vague. It raises questions about who actually holds the rights: the creator, the individual whose voice is replicated, or the developer of the AI. 3. Economic and Reputational Concerns: The unauthorised use of a prominent voice can have adverse impacts on the person’s professional life. In Singh’s situation, his reputation and popularity render his voice a crucial element of his personal brand. The court’s decision recognises the potential harm that unauthorised use of his voice may pose to his professional standing and revenue. 4. Right to Publicity: This case expands the idea of an individual’s control over the commercial use of their identity. With the growing ease of AI voice cloning, it is becoming more vital to safeguard individuals against the unauthorised use of their identity. This acknowledgement offers a foundation for protecting people’s identities and personal characteristics in the era of AI. Setting Standards for AI Voice Cloning The Arijit Singh case highlights the pressing need for well-defined and thorough regulations concerning the commercial application of AI voice cloning technology. Considering the possibility of misuse, here are some suggestions to tackle these challenges:  Explicit Consent Requirements: The use of an individual’s voice or likeness must obtain clear, documented consent, especially when it pertains to commercial purposes. Transparency: Informing consumers about the use of an AI-generated voice is crucial to prevent any potential misunderstanding, particularly when the cloned voice closely resembles a well-known individual. Defining Usage Boundaries: Setting clear boundaries between personal and commercial applications can help prevent misuse while allowing individuals to utilise the technology for their own non-commercial purposes. Conclusion This ruling by the Bombay High Court, giving practical effect to Arijit Singh’s right over his voice, is a positive balancing act between harnessing the modern technology of AI voice cloning and protecting individual rights. Considering the new technology of voice synthesis, society must develop legal protections against the appropriation of one’s voice, name, and likeness. This ruling is a landmark case in that it shows how the law can adapt to emerging technology and preserve innovation while ensuring the protection of individual rights against invasive practices. Such frameworks will be critical to ensure the responsible use of this powerful tool, prevent misuse, and safeguard individual identities as we explore its potential further.

Food plating — the positioning and presentation of food on a plate has matured into its own craft; showcasing chefs around the globe serving up more than just taste alone. In addition to aesthetics, it sets up your dining experience and reflect the brand identity of a restaurant. Chefs and restaurateurs have resorted to intellectual property (IP) law in different countries around the world, for protecting their unique forms of plating. But in India, copyright law does not allow for food plating to be protected easily: the same is because of two key reasons; firstly, food being highly perishable items and secondly primary purpose of using dishes as they serve a functional role. This article takes a closer look at the intersection of Indian copyright law and food plating, covering eligibility requirements and mechanisms for protection as well as some significant challenges. Copyright Eligibility for Food Plating in India Under the Copyright Act of 1957, copyright protection in India applies to original works of art, literature, music, and more. For a work to be eligible, it generally must meet two main requirements: However, Indian Copyright Law does not automatically deem the plating of food copyrightable. Chefs have no immediate legal protection for their plating, but by photographing it they can at least preserve the creative arrangement in a fixed medium. This approach means the copyright is granted to the photograph or video itself—not the plated arrangement—which still presents some limitations but can deter unauthorized reproduction of the image. Protecting Food Plating in India: Alternative Approaches Despite the challenges, several IP options could provide indirect protection for food plating in India: Key Challenges in Achieving Copyright Protection for Food Plating Even with these alternatives, protecting food plating remains challenging in India for several reasons: Practical Recommendations for  Chefs and Restaurateurs For chefs and restaurant owners in India interested in protecting their food plating styles, here are some practical steps that can help: Conclusion Food presentation does not enjoy copyright protection in India, as food is transient (disappearing after a meal), functional, and perishable. Although food plating does not fall under the traditional copyright regime, chefs or restaurateurs can explore other methods—such as photographic copyright, branding protections, contractual protections, and trade dress—to safeguard their culinary creations’ presentation. While these solutions provide some level of protection, they ultimately highlight the issue that, in the Indian legal context, food plating lacks force under copyright law. If chefs hope to protect their plating artistry in India, the key is to focus on brand-building and be inventive with alternative IP protections.