Section 35 - Amendment of [Other Legislation]

(1) The Digital Personal Data Protection Act, 2023 shall be amended as follows:

(a) In Section 2, after the clause defining “Data Principal”, the following clause shall be inserted:

“‘Artificial Intelligence system’ shall have the same meaning as assigned to it under clause (a) of Section 2 of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(b) In Section 7, after the sub-section on “Legitimate Uses”, the following sub-section shall be inserted:

“The processing of personal data by an Artificial Intelligence system shall be considered a legitimate purpose under this Act, subject to compliance with the provisions of the Artificial Intelligence (Development & Regulation) Act, 2023 and the rules and regulations made thereunder.”

(2) The Competition Act, 2002 shall be amended as follows:

(a) In Section 2, after the clause defining “Relevant Market”, the following clause shall be inserted:

“‘Artificial Intelligence system’ shall have the same meaning as assigned to it under clause (a) of Section 2 of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(b) In Section 19, after sub-section (6), the following sub-section shall be inserted:

“(7) While determining whether an agreement has an appreciable adverse effect on competition under sub-section (1), the Commission shall also consider the impact of the use of Artificial Intelligence systems by the parties to the agreement, in accordance with the factors specified in Section 20(4) of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(3) The Patents Act, 1970 shall be amended as follows:

(a) In Section 2, after clause (1)(j), the following clause shall be inserted:

“(ja) ‘Artificial Intelligence system’ shall have the same meaning as assigned to it under clause (a) of Section 2 of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(b) In Section 3, after clause (k), the following clause shall be inserted:

“(l) a computer programme per se, including an Artificial Intelligence system, unless it is claimed in conjunction with a novel hardware.”

(4) The Copyright Act, 1957 shall be amended as follows:

(a) In Section 2, after clause (ffc), the following clause shall be inserted:

“(ffd) ‘Artificial Intelligence system’ shall have the same meaning as assigned to it under clause (a) of Section 2 of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(b) In Section 13, after sub-section (3), the following sub-section shall be inserted:

“(3A) In the case of a work generated by an Artificial Intelligence system, the author shall be the person who causes the work to be created, unless otherwise provided by the Artificial Intelligence (Development & Regulation) Act, 2023 or the rules and regulations made thereunder.”

(5) The Consumer Protection Act, 2019 shall be amended as follows:

(a) In Section 2, after clause (1), the following clause shall be inserted:

“(1A) ‘Artificial Intelligence system’ shall have the same meaning as assigned to it under clause (a) of Section 2 of the Artificial Intelligence (Development & Regulation) Act, 2023.”

(b) In Section 2, after clause (47), the following clause shall be inserted:

“(47A) ‘Unfair trade practice’ includes the use of an Artificial Intelligence system in a manner that violates the provisions of the Artificial Intelligence (Development & Regulation) Act, 2023 or the rules and regulations made thereunder, and causes loss or injury to the consumer.”