The 2026 BRICS New Delhi Declaration, chaired by India, repeated the exact wording from the 2025 Rio de Janeiro Declaration regarding AI training and copyright, emphasizing respect for intellectual property rights and fair remuneration for right holders. This reaffirmation came despite significant developments in India’s AI copyright landscape over the past year, including a key Delhi High Court ruling and pending government policy papers, according to medianama.com.
The declaration’s paragraph 120 introduced two new elements compared to the 2025 text. First, it expanded cooperation among BRICS intellectual property offices to include AI applications alongside patent examination, traditional knowledge, and geographical indications. Second, it acknowledged risks related to misappropriation and misuse arising from AI’s growing application. These additions reflect a cautious approach to AI governance within the BRICS framework, as India held the chair this year, per medianama.com.
The unchanged core language on AI copyright rights contrasts with India’s domestic legal developments, such as the July 24, 2026 Delhi High Court decision in ANI Media Ltd. v. OpenAI OpCo LLC, which refused an injunction against training AI models on news agency content. Additionally, India’s Department for Promotion of Industry and Internal Trade has yet to publish its promised working paper on copyright in AI outputs. The BRICS declaration thus underscores a collective stance that balances IP protection with developing countries’ priorities, according to medianama.com.
The appeal in the ANI Media Ltd. v. OpenAI OpCo LLC case remains active, and the BRICS declaration’s new focus on cooperation among IP offices signals ongoing multilateral engagement on AI intellectual property issues. The 2026 New Delhi Declaration was released during the BRICS summit chaired by India, marking a key moment in the bloc’s evolving approach to AI policy.