Intellectual property rights in the Digital age Srijan Vishwakarma, Rishita Golait, Aryan Bhardwaj, Prashant Pippal Abstract This study investigates the evolution and challenges of intellectual property rights (IPR) in the digital era. It explores how digital technologies have reshaped the landscape of intellectual property protection, focusing on copyright, patents, trademarks, and trade secrets. The paper examines the impact of emerging technologies such as artificial intelligence, blockchain, and digital rights management systems on IPR enforcement. It also addresses the global issues of IP protection in an interconnected digital world and proposes viable solutions for effective IP management. These solutions, if implemented, have the potential to significantly improve the management and protection of intellectual property rights in the digital age. Keywords: Intellectual Property Rights, Digital Age, Copyright Protection, Patent Law, Trademark Infringement, Artificial Intelligence, Open Source Software Introduction Intellectual property rights have undergone significant evolution since the first documented patent in Florence, Italy, in 1421. However, the digital revolution, a monumental milestone in this evolution, has fundamentally altered how intellectual property is generated, safeguarded, and enforced. The transition from manual to digital patent filing systems has streamlined verification procedures while introducing new challenges. Modern IPR frameworks now encompass emerging technologies like artificial intelligence, blockchain, biotechnology, genetic engineering, and nanotechnology. The digital era has brought forth new challenges in content reproduction, distribution, and protection, necessitating stronger enforcement measures. The ease of data transfer and storage has led to a surge in piracy, trade secret theft, and geographical indicator misrepresentation. Recent cases, such as Anil Kapoor’s complaint against Simply Life India (CS(COMM) 652/2023), underscore the pressing need to address the new issues of preserving individual rights in an AI-powered future. The evolving landscape of intellectual property rights. The first ever recorded patent is from Florence, Italy, in 1421, which granted exclusive rights for 3 years exclusive right for his invention of a ship transportation machine to Filippo Brunelleschi; this tells us that IPR had existed for a very long time and had changing and evolving with the time. The primary change that occurred over this time is that, before, the patent had to be done manually in paperwork and submitted personally, making it a time-consuming process. Also, it was hard to verify the originality of the invention because it was challenging to match the patent with the existing one. However, in modern times, when patents are recorded digitally, it is easy to verify the originality of patents in records. Only products, machines, inventions and improvement methods were considered for patents before, but now AI, blockchain, biotechnology, genetic engineering & nanotechnology are also eligible for patents. The evolving landscape of IPR has improved and made it harder to plagiarize content, making it safer for copyright holders. Trademarks are now globally recognized and cannot be misused by local businessmen to misrepresent their products. However, the current IPR provides for stricter penalties for stealing trade secrets, as it is now more likely that a trade secret could be stolen with the use of technology. The impact of digital technology on IP In the current age of the world where technology has advanced so much, it has been happening often now that infringing on IPR has become an issue for copyright holders. In this digital world, it is easy to transfer and store data from one place to another, causing widespread piracy, stealing trade secrets & misrepresentation of geographical indicators. Scams like these are happening all around the world. Also, with the introduction of AI, which uses collected data from publically available data and user-generated data, Personality rights are under threat; for instance, in the case of Anil Kapoor’s lawsuit against Simply Life India (CS(COMM) 652/2023). In this case, Anil Kapoor’s face was morphed into another person by using AI deepfake for advertisement purposes, violating his Personality rights and IPR (Intellectual Property Right). Challenges of Copyright Protection in the Digital Age: A Detailed Analysis The digital era has dramatically challenged copyright protection, changing how creative works are reproduced, disseminated, and consumed. This section rephrases and reframes the most critical subjects and cites and references for each argument, highlighting the digital era’s impact on copyright protection.1. Product reproduction and distribution have become effortless in the digital age, revolutionizing the speed of copying and distributing intellectual property. Digital books, music, and movies can now be replicated and shared globally in a matter of seconds. This rapid distribution has significantly complicated the control of copyrighted content, underscoring the urgent need to address this issue.2. Mis-Measurement of utilization: Online publication of works has led to their unrestricted download, sharing, and redistribution availability. This extensive distribution makes it challenging to monitor and regulate the use of content, thereby complicating copyright enforcement.3. Complex Ownership Issues: The digital revolution has clouded and complicated intellectual information ownership. With the ease of copying and dissemination, identifying a work’s creator or legal owner is harder. This dilemma gets significantly more complicated when many parties claim ownership, highlighting digital ownership issues4. The expensive expense of law enforcement: Copyright enforcement in the digital age is costly and time-consuming. Due to the abundance of internet material, infringement is hard to spot. Additionally, prosecuting lawbreakers demands financial and administrative resources.5. International distribution: Digital material may be sent worldwide. However, due to national copyright laws, worldwide infringement is difficult to manage, and the international reach hampers enforcement. Impact Of Open Source Software On Intellectual Property This case study examines creating an IP portfolio to commercialize with a technology. Trade secrets, patents, and copyrights are key IP rights. OSS affects each of these rights, especially licensing constraints and IP protection.1. Trading Secrets: However, a changed ingredient selection code based on OSS with a restrictive license may need to be disclosed openly. This could potentially reveal the recipe’s trade secret, eroding its protection and posing a significant risk2. Patents: If the mixer control code uses OSS modules with restrictive licensing, control algorithm patent rights may be significantly limited. A restricted OSS license may mandate that software modifications—and perhaps the copyrighted invention—be made freely accessible.