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IP in the Tech Age: “Examining the Legal Implication of Digital Transformation”

Khurana and Khurana, Advocates and IP Attorneys India


Abstract

 

Legal landscape have significantly transformed digital face especially in area like intellectual property, as we navigate through technological dynamic environment we face unprecedented challenge in businesses and innovator’s.

It intends to provide insights that can benefit various stakeholders and legal students. It seeks to answer pivotal questions surrounding the influence of AI or Emerging technologies on Ip and Understanding the challenges and opportunities.

 

Introduction

 

How society operates communication and innovation had completely shifted due to this digital transformation not only this it also impacted by reshaping existing industries and challenging laws and it has various opportunities which has to be uncovered.

In general, legal framework evolve according to time. Now in particular technology evolves, legal framework must evolve itself for addressing emerging challenges1

Ip law has struggled to cope up with advancing technology, it become a focal point of legal framework2

 

Historically IP

 

As we compare to Indian penal code and evidence act to intellectual property is not a modern law as we think Since the development of civilization recognition is given to inventors and creative mind’s, struggled to transform itself with time but evolving for betterment of safeguarding technology

1 Intellectual property in the digital age , ip helpdesk , December 1 2023,https://intellectual-property- helpdesk.ec.europa.eu/news-events/news/intellectual-property-digital-age-2023-11-10_en

2 Intellectual Property in the Digital Age, Global Intellectual property convention, December

1,2023,https://www.globalipconvention.com/blog/intellectual-property-challenges-in-the-digital-age

 

Before software can’t be considered as property of Idea and has no patent protection as starting algorithm Is nature of maths Which is natural world considering a software development as a discovery rather than update 3

Considering from 1970 – 2023 had a lot of changes from not considering software as patentable property to punishable offence for copyright infringement. Copyright protection, trade secret, licencing to consumer with conditions and restrictions for accessing the software or webpage

Digital revolution:

As at today most of the world economy depends on tech has grown so the necessity of protecting innovation, creativity, software, and data should evolve to cope up with these situations

Revolution has shaped the landscape of IP, as technology advances IP faces challenges and opportunities4

Due to digitization of content the ease of copying and sharing digital files has raised question about copyright infringement and fair use. IP is struggling to adopt at the speed of digital realm

Challenges arising from digital distribution: change of legal framework

Digital distribution refers to transformation effect of emerging digital technologies in industries, business and traditional way of doing things5 It can pose treat to Data protection became most controversial challenge in the tech era , so there is a obligation to address the change in legal framework i.e. intellectual property

 

Especially these are controversial:

 

3 Patrick forth, the key to digital transformation : getting the success factor right, December 3 2023,,https://www.mckinsey.com/capabilities/people-and-organizational-performance/our-insights/unlocking- success-in-digital-transformations

4 Kavyashree , ip right image of emerging tech , legalserviceindia, December 2

2023,https://www.legalserviceindia.com/legal/article-13719-intellectual-property-rights-in-the-age-of-emerging- technologies.html

5 Intellectual property in a data-driven world,wipo magazine2019, December 4,2023,https://www.wipo.int/wipo_magazine/en/2019/05/article_0001.html

 

Piracy and unauthorised distribution; it means when a copyrighted material is reproduced and distributed unauthorised through online. It most happens in peer – to – peer networks. As this leads to replicating content created by artist as subsequently leading to their financial loss

Global Intellectual property harmonization; Different regions has different cultures and perspectives with legal systems so this creates a challenge in IP to standardising copyright and trademark practice 6

User generated content platforms; These are the platform like Facebook, Instagram, Twitter and YouTube etc. . It should maintain effective content filters and mechanism and copyright detection

 

Legal framework work for digital IP:

 

Digital intellectual property’s are governed by various law and regulations

 

  1. Copyright law,1975 this protect original content including digital content, like section - 13, section -14 , section 517
  1. Section 3 (k) of patent law explains certain technological innovations are patentable
  1. Digital brands are protected by trademark law through registration process , infringement and defence comes under section -29&30
  1. Electronic commerce and digital signature are addressed by information technology act

,2002 in which unauthorised access is discussed in section -43 & section 66 deals with computer related offences

  1. In India cyber security is enhanced by national cyber security policy (ncsp)
  1. A comprehensive legal framework personal data protection bill ( PDPB) protects data which outlines processing of personal data along with it imposes restrictions on data handler’s

It’s a bill which is in a process of becoming law

 

The role of artificial intelligence in IP asset management:

 

AI significantly impact IP asset management, to improve the effectiveness for efficiency of various aspects in the realm of IP AI is employed8

6 Matta sammon,Digital Transformation and Intellectual property ,sonder and clay , decemb3 2023,https://www.sonderandclay.com/,

7 Ya.l shrayaberg,k.yu.volkva,Features of Copyright Transformation in the Information Environment in the Age of Digitalization,nih, December 3 2023,https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8118619/.

8 The Age of Digital Transformation, enterprisetechsuccess, December 4

,2023https://www.enterprisetechsuccess.com/article/The-Age-of-Digital-Transformation/VmQzeUNUZmE1ZVQ1K21jbjZ1WmNVUT09

 

One of such key evolution is in the area of patent

Analysing the data in vast amounts algorithms is the appointed , accelerated the identification of related patent .Ip protect data driven decision making in this dynamic and rapidly evolving

 

Opportunities for innovation in IP strategies:

 

A myriad of opportunities for innovation in protection of strategies like

Block chain technology – renowned to its secured and transparent nature by patent Its immutable and decentralised ledger.

Artificial intelligence – it offers a dynamic opportunity for protection , not only expedites the response to violation but also allows adaptive and predictive strategies in safeguarding

Machine learning model’s- enhance the identification of emerging trends and patterns in IP landscape , strategy can be adjusted in real time and stay ahead of potential threats and capitalising on new opportunities 9

Examples:

NFTs – non fungible tokens it is a digital asset

As NFTs are verified on a block chain and can bought and sold like a physical asset

As digital assets can be considered as evolution of tech – IP protecting it as a part of evolution Long way from not considering software for patent to here

Case studies:

Tesla uses connected car technology and over the air software updates to enhance customer experience. It enables cost savings and reduce carbon emissions. In launched a special feature called autopilot feature to control the speed band position of the car when on highway to avoid potential accidents.It connected car technology has created an intelligent data platform and smart autonomous driving experience

9 Anne-Marie Allgrove, “International: Top 5 IP and Data and Technology Issues in a Digital Economy,” Baker McKenzie, accessed December 4,2023, https://insightplus.bakermckenzie.com/bm/intellectual-

property/international-top-5-ip-and-data-and-technology-issues-in-a-digital-economy.

 

 

Conclusion:

 

It’s multi-disciplinary and multifaceted- data privacy, copy right protection such AI related issues navigate complex problems to keep up with these legal framework of IP must continuously evolve with dynamic tech landscape.

 

Khurana and Khurana, Advocates and IP Attorneys



About the Firm

Khurana and Khurana, Advocates and IP Attorneys

AddressD-45, UPSIDC, Site IV, Kasna Road, Greater Noida - 201308, National Capital Region, India
Tel91-120-313 2513, 91-120-350 5740
Fax91-120-4516201
Contact PersonTarun Khurana
Emailinfo@khuranaandkhurana.com
Linkwww.khuranaandkhurana.com


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