Intellectual property rights (IPR) are territorial rights that can be registered with a legal authority in some presentable or tangible form which can be sold or bought or licensed, similar to physical property.
Intellectual property pertains to any original creations, ideas, inventions, and creative expressions. They generally include copyright, patents, trademarks, industrial design rights, and in some jurisdictions trade secrets. It connotes the right to literary, artistic and scientific work; performances of performing artists; phonographs and broad-cast; inventions in all fields of human endeavour; scientific, literary and artistic fields.[1]
Our digital world is riddled with privacy issues. People’s data is being shared without their permission, combined in unknown ways, and used for questionable purposes. On top of that, there’s a constant threat of personal information being leaked to the public.
The digital world goes beyond just copying things like a photocopier. Turning things digital makes it easier to share, change, and combine information. While it’s mostly a technical process, sometimes creativity comes in with things like adding labels (metadata) to digital files. Sharing these digital files online can be like selling something or broadcasting it, so there are laws about what you can and can’t do. Big collections of information, like databases, are protected by copyright because of the effort put into making them. Online, using a small part of something copyrighted for things like education or reviews might be considered as fair use, but the rules aren’t always clear. Maybe new technology or even new laws could help make fair use easier.[2]
“The digital age presents both opportunities and challenges for intellectual property rights in India.”
The statutes governing different kinds of IPRs in India are Patents Act, 1970; Trade Marks Act, 1999; Designs Act, 2000; Geographical Indications of Goods (Registration and Protection) Act, 1999; Copyright Act, 1957; Protection of Plant Varieties and Farmers’ Rights Act, 2001; Semiconductor Integrated Circuits Layout-Design Act, 2000 and Biological Diversity Act, 2002.
The Digital Transformation of India
India’s digital boom, fuelled by mobile internet, is transforming the nation. The “Digital India” program aims to leverage technology for widespread e-governance and e-services. This benefits both the government and citizens by making IT more accessible.
Empowering everyone digitally is a core goal. This chapter explores the program’s concept, services, and potential for improving our lives through technology. However, like any major change, digitalization can bring changes in the intellectual rights of an individual.
The Supreme Court of India assented to the live streaming of court proceedings in matters that were in relation to constitutional significance and national importance, realizing the value of public awareness in areas that are in concern with them. The recognition to live broadcast has aided the scheme and objective of open justice as public can conveniently appreciate the court judgements and the process of decision making which has brought greater clarity in the judicial system. Notwithstanding this acknowledgement, the court correspondingly issued guidelines that must be followed while the process of live streaming of proceedings is in operation.[3]
The widespread and judicial use of technology can be a tool to promote the fundamental rights enshrined in the Constitution.[4]
The explosion of innovation in the digital age has led to entirely new kinds of intellectual property (IP). Copyright laws now cover a wider range of creations, including software, algorithms, and even digital content like AI. This rapid change in technology demands that legal systems constantly adjust to accommodate these fresh IP developments.
Under the Department for Promotion of Industry and Internal Trade, The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is located at Mumbai.[5]
The Government of India under this helps the individual to file their applications of Trademarks, Patents online with the help of technology.[6]
Copyright Infringement
India faces significant challenges with copyright infringement, particularly in the form of piracy. Unauthorized distribution of movies, music, software, and books is rampant. Websites offering pirated content and P2P (Peer-to-Peer)[7] networks facilitate the illegal sharing of copyrighted material, causing substantial financial losses to the entertainment and software industries.
Copyright has been defined in Section 14 of the Copyright Act, 1957 as an exclusive right to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:
- Reproduce the work in any form including storing the work in any form
- Issue copies of the work to the public
- Perform the work in Public
- Make any cinematographic film in respect of the work
- Translate the work
- Make an adaptation of the work
What is Copyright Infringement?
Copyright infringement refers to the unauthorized use of someone’s copyrighted work. Thus, it is the use of someone’s copyrighted work without permission thereby infringing certain rights of the copyright holder, such as the right to reproduce, distribute, display or perform the protected work.
Section 51 of the Copyright Act specifies when a copyright is infringed.[8]
The Copyright (Amendment) Act, 2012: Updates the original Act to address digital content issues, including the rights of authors and the liability of intermediaries.[9]
As the AI is dwelling into the field of invention by creating new things autonomously. AI can create art, music, literature, and journalism that rivals human-created works using advanced algorithms and deep learning. Legislators may think about changing the period of copyright for AI-generated content to account for the rapid pace of technical improvements, finding a balance between protections and supporting innovation. By enacting forward-thinking and inclusive copyright laws, society can manage the complexity of AI-generated content and embrace its potential while protecting authors’ and the public’s interests.[10]
Protection of Digital Content
In the digital age, protecting intellectual property rights has become a major concern for content creators and copyright holders.
Technological Measures for Protection
Digital Rights Management (DRM)
Digital Rights Management (DRM) can be understood as the use of technology to control and manage access to copyrighted material. Put simply, legal access to digital content is managed by DRM.
- Secured Distribution: This controls how and to whom the data is distributed. It allows the author to define license terms, limit the number of users, track usage, and potentially restrict actions like copying or sharing.
- Encryption: This scrambles the data using a key, making it unreadable without authorization. Decryption requires the correct key, ensuring only authorized users can access the content. This is similar to how WhatsApp secures your messages.
- Watermarking: This embeds a hidden identifier within the data, like a faint logo. This helps identify the copyright owner even if the data is copied or shared illegally.
Examples of additional DRM techniques:
- Limited Distributions: Restricting the number of devices allowed to access the data.
- Copy Prevention: Disabling features like screenshots or saving content to prevent easy copying.
- Subscription Models: Content is only available to paying users, like with Spotify or iTunes.
- Software Restrictions: Software can be programmed to limit access to specific information based on user permissions.
The Copyrights Act, 1957 which was recently amended in 2012 contains provisions like Section 65A and 65B which authorises and protects the actions of DRM.[11]
Blockchain and IP Protection
Blockchain technology holds promise for enhancing IP protection in India. Indian startups and tech companies are exploring blockchain solutions for IP management, which could streamline licensing and royalty payments.
Blockchain is a shared inflexible ledger that facilitates the process of recording transactions and tracking assets across a business network. Anything of value can be tracked and traded on the Blockchain network. It is a distributed database, which is shared over a computer network. It stores information electronically in a digital format to make transactions secure.
Blockchain is a new technology, which is known as Distributed Ledger Technology (DLT). With the help of Blockchain technology, currency as well as anything can be converted into digital format and stored.[12]
Conclusion
In this digital age, the impact of Artificial Intelligence on intellectual property law is still unclear. As AI rapidly transforms our technological foundation, we need to develop legal frameworks to address ownership, creativity, and data usage in this evolving landscape.
Digital technologies have made creative works but they have also made copyright violation more commonplace. Critical initiatives include strengthening existing IP enforcement tools, updating legal frameworks to keep up with technological changes, and raising public understanding about the value of intellectual property rights. Emerging technologies like blockchain can provide innovative solutions for intellectual property management and protection. Digital platforms play role in reconciling intellectual property protection with the values of free expression, user privacy and protecting the intellectual rights of individual.
By following these measures, India can establish a strong intellectual property environment that protects creators’ rights, stimulates innovation, and fosters the expansion of the digital economy.
[1] ©2019 IJLSI| Volume 1, Issue 3 | ISSN: 2581-9453 https://ijlsi.com/wp-content/uploads/IPR-and-The-Digital-World.pdf
[2] IPR IN DIGITAL ENVIRONMENT : ISSUES OF CONCERN TO LIBRARY COMMUNITY By N. M. Malwad and M.Anjanappa* https://ir.inflibnet.ac.in/bitstream/1944/130/1/cali_37.pdf
[3] Swapnil Tripathi V. Supreme Court Of India
[4] Indian Journal of Law and Legal Research Volume VI Issue I | ISSN: 2582-8878 https://3fdef50c-add3-4615-a675-a91741bcb5c0.usrfiles.com/ugd/3fdef5_f65cbdbe9b2549218ada81e7a3209411.pdf
[5] https://ipindia.gov.in/about-us.htm
[7] A peer-to-peer network is a technology that allows you to connect two or more computers to one system.
[8] https://blog.ipleaders.in/copyright-infringement/
[9] https://copyright.gov.in/Documents/Notification/Copyright_Amendment_2012.pdf
[10] https://www.livelaw.in/articles/untangling-the-mysteries-of-ai-generated-content-and-copyright-243749
[11] Effective Applicability of Sections 65A and 65B of Copyright (Amendment) Act, 2012 using Case Study of Digital Watermarks https://docs.manupatra.in/newsline/articles/Upload/BEE7A809-A589-4597-999D-823A97850E9A.pdf
[12] https://blockchain.gov.in/Home/BlockChain?blockchain=blockchain
Author: Astik Jain is IInd Year BBALLB student at New Law College, Bharati Vidyapeeth Deemed to be University, Pune.
