INTELLECTUAL PROPERTY RIGHTS IN DIGITAL ERA
- Nithyasree Chukka
- 5 days ago
- 10 min read
Abstract:
Intellectual property (IP) refers to creations of the human mind that are protected by law. It gives creators and owners exclusive rights over their inventions, artistic works, brand names, designs, and other original creations. Digital era like internet, social media, e-commerce and digital
platforms easily misuse intellectual property rights. Today's creative works can be instantly copied and distributed worldwide through digital platforms easily. In digital era provides easily global reach and new digital assets NFTs, it also escalates challenges such as online piracy, unauthorized distribution, and complex enforcement across digital platforms. Infringement of intellectual property was easily assessable; it means unauthorized use of creations, copying and sharing of artistic works, books, use and duplication of software. This creates difficulty in finding original owners.
Intellectual property was first recognized in the Paris convention for the protection of industrial property and berne convention for the protection of literary and artistic works; both treaties are administered by WIPO. The digital era was effective for creativity and innovation but also increased the risk of infringement. Effective legal protection, technological safeguards, and public awareness are essential elements to balance innovation with the protection of intellectual property rights. Intellectual property in the digital era is crucial for protecting creative and innovative works from piracy use while promoting technological and economic development. The easily availability of digital content has greatly facilitated the theft and unauthorized distribution of intellectual property works. As a result, producers, authors, and sellers if intellectual property has suffered large losses, and it is now challenging to enforce in the digital age.
Keywords: Copyright, Patent, Trademark, infringement of Ip, wipo, digital piracy, intellectual property rights.
Introduction:
Intellectual property rights are intangible in nature and give exclusive rights to inventors or creators for their valuable invention or creation. In the present scenario of globalization, IPR is the main point in global trade practices and livelihood across the world. These rights boost the
innovative environment by giving recognition and economic benefits to creators or inventors. Intellectual property (IP) refers to creations of the mind. Related to the human brain applied for creativity and invention. Various efforts in terms inputs of manpower, time includes innovations,
literary and creative works, designs, symbols, and names used in trade. These are all referred to as intellectual property in the context of law. Intellectual property rights are the rights which are in intangible unlike physical property Intellectual property rights are customarily divided into main areas:
Copyright and rights related to copyright-
The rights of authors of literary and artistic works such as books and other writings, musical compositions, paintings, sculpture, computer programs and films are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related (sometimes referred to as “neighboring”) rights are
the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.
Industrial property-
Industrial property can usefully be divided into main areas:
One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographically indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).
The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various Goods and services. The protection may last indefinitely, provided the signs in question continue to be
distinctive.
▫ Other types of industrial property are protected primarily to stimulate innovation, design, and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.
The social purpose is to provide protection for the results of investment in the development of new technology, thus giving incentives and means to finance research and development activities. A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures, and licensing. The protection is usually given for a finite term (typically 20 years in the case of patents).
Types of intellectual property:
Copyright: copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films to computer programs, databases, advertisements, maps and technical drawings.
Patent: A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide if the invention can be used by others. Patent of an invention must be meet the following principles such as novel in nature, non-obvious and industrial application
Trademark: A trademark is a sign capable of differentiating the goods or services of one person from those of others. Trademark Act, 1999 is the law related to the trademarks in India. The Act defines trademarks as a mark capable of being represented.
Industrial designs: An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines, or color.
Geographical indications: geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
Trade secrets: trade secrets are IP rights on confidential information which may be sold or licensed. In India has no special legislation for trade secrets. Trade secrets are a secret of an organization or a company. It protects confidential information. Example: Coca-Cola formula.
Ip related laws:
Competition Act,2002.: Competition Act,2002. Act No.12 of 2003. Entry into force on March 31,2003 and enacted on Jan 13,2003. Amended up to April 11,2023.
Customs Act, 1962.: Customs Act, 1962. Act No. 52 of 1962. Entry into force on Feb 1, 1963, and enacted on Dec 13, 1962. Amended up to March 30,2022.
Companies Act, 2013: Companies Act, 2013. Act No. 18 of 2013. Entry into force on April 1, 2014, and enacted on August 29, 2013. Amended up to August 13, 2021.
Consumer Protection Act,2019: Consumer Act,2013. Act No. 35 of 2019. Enacted on August 9, 2019. Amended up to August 13,2012.
Indian contract Act,1872: contract Act, 1872 was enforce on September 1, 1872, and enacted on April 25, 1872
These laws are related to intellectual property rights.
Evolution of IPR includes:
Intellectual property rights have evolved day by day according to social needs after joining the World Trade Organization in 1995.
Major developments include:
Copyright Act, 1957
Patent Act, 1970
Trademark Act, 1999
Designs Act, 2000
Geographical indications Act, 1999
International treaties like the TRIPS Agreement, WIPO, and Paris agreement are also part of the development.
Copyright:
A copyright is a type of protection that aims to protect the expression of ideas that are related to mass communication. It only applies to the form of expression of such ideas. Since the development of a society depends on the creativity of its people, copyright can encourage such
activities. In India copyright exist for 60 years after death of an author or creator.
1847 is the first copyright law enactment in India during British regime. Copyright law is designed to protect interest and balance the right of the following stake holders
Authors/creators
Publishers/entrepreneurs
Users/audience
literary, dramatic, artistic, musical, cinematographic, photographic and sound recording works are protected under the copyright. Literary works such as novels, poems, plays, reference works, newspapers and computer programs, databases, films, musical compositions, and choreography, artistic works such as paintings, drawings, photographs and sculpture, architecture, and advertisements, maps and technical drawings.
Patent:
The patent is a grant for an invention by the government to the inventors in exchange for full disclosure of the invention. A patent is an exclusive right granted by law to applicants/assignees to make use of and exploit their inventions for a limited period (generally 20 years from filing).
The patent holder has the legal right to exclude others from commercially exploiting his invention for the duration of this period. In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a manner that enables others, skilled in the art, to replicate the invention. Under section 3 and section 4 of the patent Act, 1970 few subjects are not patentable. They are, abstracts theories, scientific discoveries, computer programmers, customs,
methods of agriculture, duplication of known devices, etc... are not patentable. The patent system is designed to balance the interests of applicants/assignees and the interests of society.
Trademark:
The basic rule contained in article15 of the TRIPS agreement is that any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs, must be eligible for registration as trademarks.
Where signs are not inherently capable of distinguishing the relevant goods or services, member countries are allowed to require, as an additional condition for eligibility for registration as a trademark that distinctiveness which has been acquired through use. Members are free to determine whether to allow the registration of signs that are not visually perceptible (e.g. sound or smell marks).
World intellectual property (WIPO):
WIPO was founded in 1883 and is a specialized agency of the United Nations whose purposes are to promote intellectual property throughout the world and to administer 23 treaties (present
26 treaties) dealing with intellectual property. WIPO is one of the 17 specialized agencies of the United Nations. It was created in 1967 to encourage creative activity, to promote the protection of intellectual property throughout the world. Around 193 nations are members of WIPO. Its headquarters in Geneva, Switzerland, current director general of WIPO is Francis Gurry took charge on October 1, 2008.
Infringement of intellectual property:
Infringement of IP means unauthorized use, copying and sharing of movies, books, use, and duplication of software. This creates difficulty in identifying original owners.
Copyright infringement: unauthorized reproduction or sharing of creative works.
Trademark infringement: using a logo, slogan, or brand name that is identical or confusingly like a registered trademark, usually leading to consumer confusion.
Patent infringement: manufacturing, using, or selling a patented invention without the permission of the patent holder.
Trade secret misappropriation: the unauthorized acquisition, disclosure, or use of confidential business information.
Industrial design infringement: copying the unique appearance, shape, or configuration of a protected product.
Digital piracy:
In today's digital and globalized era, piracy takes on multifaceted and often highly organized forms, both online and offline. One of the most prevalent methods is digital piracy, which involves unauthorized downloading, streaming, or sharing of digital media such as films, music,
television shows, e-books, and software. These acts are often facilitated through torrent websites, illegal streaming platforms, file-hosting services, and social media channels, where infringing content is made available at zero or minimal cost to the consumer.
IPR in the digital era:
According to the digital technologies now-a-days intellectual property rights have both advantages and disadvantages.
Copyright challenges
Copyright challenges refer to infringement of copyright. In the digital era, platforms allow users to copy, use, and distribute content easily and instantly through digital technologies. Unauthorized copying, distribution and piracy: for owners of copyrights, the ease of digital
copying and sharing present serious punishments.
Software protection
Software safeguard through license. Copyright protection also received for computer programs. Unauthorized use of computer programs led to infringement. Open-source software has introduced alternative licensing systems such as GNU license, MIT license, and Apache license.
Artificial intelligence
The term artificial intelligence was used to describe computers' capacity to make judgements independently. The phrase " artificial intelligence" is used to previous experience and modify
their behavior in response to new information. And AI raises critical legal questions.
Patent issues
Evolution of technology in everyday life creates patent issues and challenges such as artificial intelligence, borderless internet distribution, and complexities in protecting software.
Trademark issues
Main challenge is the issue of domain name infringement. With the duplication of websites and domain names, it can be difficult to protect their trademark from infringement. Another one is brand impression. With the rise of social media and online marketing, it becomes easier for
individuals to create fake accounts or websites that impersonate the brand.
Landmark cases on intellectual property rights:
Bajaj Auto Ltd. V. TVS Motors Comp. Ltd. (2010) Madras HC
This case was related to a controversy that had arisen over the unauthorized use of patented DTS-I technology.
International Society for Krishna Consciousness (ISKCON) vs. Iskcon Apparel Pvt. Ltd. & Ors.
The plaintiff contended that by selling garments under the name of iskcon, the defendant was infringing their trademark and attempting to pass off his brand as being associated with the plaintiff.
Star India Pvt. Ltd. vs. Moviestrunk.com & Ors.
The plaintiff herein was a film production and distribution company, whereas the defendants operated several online streaming websites. Suit was filed against the defendant for the illegal streaming of one of the plaintiff's films. The court recognized the right of the plaintiff granted by the copyright Act, 1957 over the exclusive exploitation
and distribution of their copyright content.
CONCLUSION:
Intellectual property rights have played a crucial role in innovation, creativity, and economic growth for centuries. A creation of the mind includes innovations, literary and creative works, designs, symbols, and names used in trade. These are all referred to as intellectual property in the context of law. The development of the internet and other new technologies in the digital era have fundamentally alerted how intellectual property is produced, shared, and used. This has created new difficulties for consumers, governments, and owners of intellectual property rights. The right to preserve digital intellectual property gives artists the ability to safeguard their work of art, whether they are service or products. Those who were artistic, musical, or authors in the past created, composed, written for public acclaim as opposed to financial gain; the issue of intellectual property rights was never raised. Only after the development of digitalization and large-scale replications and piracy possible was the significance of intellectual property rights realized. A developing country's economy, political, technological, environment, and cultural advantages are largely derived from its intellectual property rights laws. According to societal needs, there is an increase in digital technology to reduce human work known as artificial
intelligence. Rapid growth AI creates many jobless, and digital technologies advance their features and create infringements. Intellectual property has a wide scope in the digital era. It has pros and cons.
References:
IP India
Drishti IAS
ICSI
Patent Act, 1970
Copyright Act, 1957
Trademark Act, 1999
Commercial Ip suit(L)NO.235 OF 2020
CS (COMM)408/2019
WIPO
Novartis AG v. union of India
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