THE AI PARADOX IN INTELLECTUAL PROPERTY LAW NAVIGATING AUTHORSHIP, INFRINGEMENT, AND LIABILITY IN THE AGE OF GENERATIVE AI

Artificial Intelligence (AI) has evolved from an assistive technology into an autonomous generator of content, thereby challenging the human-centric foundations of intellectual property (IP) law. While copyright law is premised on human authorship and originality, trademark law is rooted in consumer perception and brand distinctiveness. Generative AI disrupts both by producing creative outputs and replicating brand identities at scale. This paper examines the dual impact of AI on copyright particularly authorship and training data and trademark law, especially in relation to brand dilution and deepfakes. Adopting a comparative perspective across India, the United States, and the European Union, the paper highlights doctrinal gaps, emerging 2026 legal developments, and proposes a hybrid regulatory framework combining licensing, traceability, and algorithmic accountability.