INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE 

Introduction

IPR is Intellectual property rights, it talks about the rights of a person on his innovation, invention, and method of improvement which is new is of a “Novelty” nature, involves an innovative concept or process which is nonobvious, has industrial applicability and patentable subject matter to become a patent and protect his right over his innovation. It also involves other rights such as copyright which is overwritten, recorded, or saved digitally (songs, art, and literature). Another right under IPR is Trademark, which protects a brand name, logos and slogans, packaging and intro audios of brands to protect the branding of the product’s unique identity. This article revolves around these rights and the effect of modern technologies on it and how the technology could be useful for the IPR and how it can harm these rights and if harmful how we can tackle it.

The evolving landscape of intellectual property rights.

The first ever recorded patent is from Florence, Italy in 1421, which granted exclusive right for 3years 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 been changing and evolving with the time. The primary change that had 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 and also it was hard to verify the originality of the invention for it was difficult to match the patent with the existing one but in modern times when patent are recorded digitally it is easy to verify the originality of patent in records. Only products, machines, inventions and methods of improvement were considered for the patents before but now AI, block chain, biotechnology, genetic engineering & nanotechnology are also eligible for being patented. The new evolving landscape of IPR has improved and made it harder to plagiarize content making it safer for the copyright holders. Trademarks are now globally recognized and now it cannot be misused by local businessmen to misrepresent their products. But the current IPR provides for stricter penalties on stealing trade secrets as now it is more likely that a trade secret could be stolen with 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 of IPR has become an issue for the copyright holders. In this digital world it is easy to transfer and store data from one place to another causing widespread piracy, stealing of 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 in threat, for eg. Anil Kapoor’s lawsuit against Simply Life India is CS(COMM) 652/2023; Anil Kapoor’s face was morphed on another person by using AI deepfake for advertisement purposes. Although this case came under Personality right, many artist’s fake signatures are being used to be sold commercially which is a violation of their IPR (Intellectual Property Right) .

Challenges of Copyright Protection in the Digital Age: A Detailed Analysis

The digital era has greatly challenged copyright protection, changing how creative works are reproduced, disseminated, and consumed. This section rephrases and reframes the most important subjects and cites and references for each argument, highlighting the digital era’s impact on copyright protection.

1. Product reproduction and distribution are easy: Digital technology has revolutionized the speed of copying and distributing intellectual property. In a matter of seconds, digital books, music, and movies can be replicated and shared across the globe. This rapidity of distribution has significantly complicated the control of copyrighted content, underscoring the urgency of the issue.[1]
2. Mismeasurement of utilization: Online publication of works has led to their unrestricted availability for download, sharing, and redistribution. This extensive distribution makes it challenging to monitor and regulate the use of content, thereby complicating copyright enforcement.[2]
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 difficult when many parties claim ownership, highlighting digital ownership issues[3].
4. 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.[4]
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.[5]

 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 risk[6]
2. 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.[7] This could pose a significant challenge to patent rights.[8]
3. Copyright: While copyright protects the software code of your project, it’s important to be aware of the potential risks. The use of OSS modules can influence the level of protection, especially those connected to the project’s sensors, which may impact the copyright protection of the mixer control algorithm.[9]
4. General Criteria: To achieve compliance and protect IP rights, it is crucial that project OSS licenses are well understood and managed. This is particularly important as ‘permissive’ OSS licensing can significantly improve IP protection and enforcement.[10]

Patent Protection In The Digital Age.

Nowadays, owners of intellectual property (IP) are confronted with a multitude of issues when it comes to preserving their rights. Several preventative actions may be implemented to limit these dangers and guarantee that intellectual property rights are enforced. Notable among these metrics are:

1. The Process of Registering Any Intellectual Property: Intellectual property owners hold the power to register their property with the appropriate authorities. This not only establishes a legal basis for enforcing their rights but also empowers them to investigate and prosecute those who violate those rights. To pursue legal remedies, owners of intellectual property need to acquire official acknowledgment of their rights, which may be obtained by registration.[11]
2. The Implementation of Technologies for Digital Rights Management (DRM): It is possible to safeguard digital material from being copied and distributed without authorization using technologies that are part of the Digital Rights Management (DRM) system. Digital rights management (DRM) systems help to reduce the likelihood of infringement by restricting access to digital media and preventing the replication or distribution of protected works.[12]
3. Keeping an eye out for any unauthorized traffic on the internet: Proactive vigilance is key for intellectual property owners to identify instances of unlawful use of their intellectual property. Actively watching the internet and using various tools and services to discover infringement cases, such as the unauthorized copying or distribution of content protected by intellectual property rights, is necessary. Early identification allows owners of intellectual property to take prompt action against infringers.[13]
4. Engaging in Legal Proceedings Against Those Who Infringe: When intellectual property owners discover infringers, they can take legal action to defend their rights. This is a crucial step in ensuring their security and protection. Among these options is the possibility of bringing legal action for violation of copyright, trademark, or patent. Legal remedies, including injunctions, reparations, and the seizure of property that has been infringed upon, can be sought. These remedies serve as a deterrent against future breaches.

Trademark challenges in the online world

1. Navigating the Complexity – The rise of the Internet and e-commerce has transformed business operations creating new opportunities for growth and expansion. Still, this digital landscape also presents unique challenges for trademark owners, who navigate the complexity of online trademark protection.
2. Domain Name Dispute & Cybersquatting – The most consequential challenge in the online world is domain name Disputes. Cybersquatting, which includes registering a domain name identical or similar to a trademarked name, is a common problem.
3. Social Media Infringement – Social media platforms have become essential tools for businesses, but they also create opportunities for cyber fraud and disturb the consumer’s interest in the brand product.
4. Online Counterfeiting – Refers to the unauthorized imitation of genuine products produced without the brand owner’s consent. These counterfeit goods are typically of much lower quality than the originals and can pose safety risks.
5. Jurisdictional and Enforcement issues – Trademark protection normally operates on territorial principles, which means that trademark owners now face challenges in enforcing their rights internationally.

  Challenges of intellectual property enforcement in the digital age

Intellectual Property enforcement in the digital age presents a major obstacle due to the ease of imitation and oversharing of digital content, making piracy easier. In this digital world, everything is easy to access from online apps and websites. In the case of intellectual property that includes copyright, patent, trademark, and design. The author faces piracy issues, particularly in the music, film, gaming, and software industries. Even after having the copyright of the IP, there is nothing to control online piracy. The challenges in intellectual property rights are virtual world infringement, jurisdictional challenges, and platform responsibility.

The role of technology in intellectual property protection

The advent of technology has transformed the creation, sharing, and protection of intellectual property. Technology is vital in safeguarding IP rights, from digital watermarking to artificial intelligence-powered monitoring tools.

Digital watermarking- Digital watermarking involves a hidden signature or identifier in digital content and detects unauthorized use.

Artificial Intelligence (AI) and Machine Learning—AI-powered monitor tools can detect and prevent IP infringement by analyzing large amounts of data and identifying patterns. They also help predict threats and optimize illegal content usage.

 Solutions for IP Challenges in the Digital Age

The digital age poses unprecedented challenges in intellectual property (IP) protection, and these call for inventive solutions. The most effective tool is Digital Rights Management (DRM), where it limits non-permitted entry and copying of digital content (Martinez Law Office, 2024). Further, the blockchain technology optimizes transparency for IP transactions via unalterable records of ownership (Thomson Reuters, 2024). Further still, artificial intelligence (AI) monitoring helps flag copyright violations online (IP Works Law, 2024). Nevertheless, these solutions need to be adapted to changing legal structures in order to be effective. For, according to legal scholars, “The enforcement of IP rights in the digital space is only as strong as the international cooperation behind it” (ArXiv, 2024). It is important to reinforce international partnerships as well as cybersecurity practices to combat IP abuse in an increasingly borderless digital landscape.

 Navigating IP in the Digital Age

The accelerated digitization of content requires a strategic response to IP protection. Legal flexibility continues to be essential, as traditional frameworks fail to control contemporary digital piracy (Thomson Reuters, 2024). Also, technological protections, including watermarking and encryption, act as a deterrent against unlawful replication (Martinez Law Office, 2024). In spite of all the developments, the enforcement of IP rights across the globe continues to pose a problem. As ArXiv (2024) points out, “The digital age has complicated jurisdictional enforcement, necessitating harmonized IP regulations.” Thus, creators and businesses need to implement forward-looking strategies, such as AI-based content monitoring and lobbying efforts. A holistic approach, blending technological advancements with policy changes, helps ensure that IP protection remains aligned with the digital revolution.

CONCLUSION

In the digital era, intellectual property protection faces significant challenges, including copyright infringement, patent ambiguity, and trademark violations across global jurisdictions. While it is important to protect the copyright of the publishers, it is equally important to protect the ownership of the publisher. 

             It is difficult to draw a boundary line between what is permissible, to what extent, and its infringement. The violations that do not conflict with owners’ rights may be accepted as a part of fair use, access, and control of the infringement of copyright laws. The owners of the digital property have some responsibility to collect the information and help the readers by giving it even if it is in electronic form. IPR connotes the rights to literary, artistic, and scientific work, performing artists, phonographs, and broadcast, inventions in all fields of human endeavors, scientific and artistic fields. 

Digital Rights Management (DRM) and Technical Protection Measures (TPM) are tools designed to protect digital content from unauthorized access or use. DRM ensures that only authorized users can access, use, and pay for digital works like music, movies, and books. It uses methods such as requiring user IDs, passwords, and licensing agreements to control access.TPM works similarly but focuses more on safeguarding content like videos and music during distribution. It helps creators and companies protect their work from piracy.

Cryptography is one of the oldest methods of securing information. It works by scrambling data so that only authorized users can decode and read it. However, once the content is decrypted, it’s no longer protected. Digital Watermarks are like invisible signatures embedded in digital files. They’re used to track ownership and permissions, and can even contain details like who owns the content or who is allowed to use it. Think of it like a watermark on paper, but digital. Only the rightful owner can remove it, and it’s often used in multimedia to prevent unauthorized copying.

[1] Samuelson, P. (2003). “Digital Media and the Law: The Challenges of Copyright Protection in the Digital Age.” Harvard Journal of Law & Technology, 16(2), 1-45.

[2] Lessig, L. (2004). Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. Penguin Press.

[3] Goldstein, P. (2003). Copyright’s Highway: From Gutenberg to the Celestial Jukebox. Stanford University Press.

[4] Landes, W. M., & Posner, R. A. (2003). The Economic Structure of Intellectual Property Law. Harvard University Press.

[5] Ginsburg, J. C. (2001). “Copyright and Control Over New Technologies of Dissemination.” Columbia Law Review, 101(7), 1613-1647.

[6] Trade Secrets and Open Source Software, Open Source Initiative, available at https://opensource.org (accessed 15 October 2023).

[7] Patent Rights and OSS Licensing, Free Software Foundation, available at https://www.fsf.org (accessed 15 October 2023).

[8] Interplay Between Trade Secrets and OSS, Harvard Journal of Law & Technology, vol 34, no 2, 2021.

[9] Copyright Protection in OSS Projects, Stanford Law Review, vol 73, no 4, 2022.

[10] Understanding OSS Licenses, Linux Foundation, available at https://www.linuxfoundation.org (accessed 15 October 2023).

[11] World Intellectual Property Organization (WIPO), Understanding Industrial Property, (WIPO Publication 2020) 12-15.

[12] Jane C Ginsburg, ‘Copyright and Control Over New Technologies of Dissemination’ (2001) 101 Columbia Law Review 1613, 1615-1617.

[13] Daniel J Gervais, ‘The Tangled Web of UGC: Making Copyright Sense of User-Generated Content’ (2009) 11 Vanderbilt Journal of Entertainment and Technology Law 841, 850-852.

[14] Lionel Bently and Brad Sherman, Intellectual Property Law (5th edn, Oxford University Press 2018) 345-347.