India’s Trade Marks Registry has proposed draft guidelines requiring all applicants, agents, and advocates to declare whether artificial intelligence (AI) was used in preparing their filings. The guidelines, published by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), also bar the use of AI to write affidavits or alter evidence such as labels, invoices, and advertisements. These rules will apply to all submissions, including pending matters, once officially notified, according to medianama.com.
The draft guidelines mandate that every filing include a declaration on AI assistance, with non-disclosure considered a misrepresentation to the Registry. The person submitting the filing will be held responsible for all case law citations. The CGPDTM issued a public notice on October 16 inviting suggestions on guidelines to tackle the misuse of AI and the problem of trademark squatting, following a Delhi High Court order on October 13 in the Stryten Energy LLC case that called for comprehensive rules on these issues.
This move addresses growing concerns about AI’s role in intellectual property filings and the integrity of evidence submitted to the Registry. By explicitly prohibiting AI-generated affidavits and altered evidence, the guidelines aim to prevent fraudulent practices and ensure accountability. The inclusion of mandatory AI use disclosure is a notable step in regulating AI’s impact on trademark law, aligning India with global trends toward transparency in AI-assisted legal processes.
The draft guidelines are not yet in force and will become effective once the CGPDTM officially notifies them. The public consultation period following the October 16 notice will inform the final rules, marking a significant regulatory development in India’s intellectual property framework.