In the contemporary world, where technology infuses almost every walk of life, the role that IPR comes to play in the protection of technological inventions is of a new dimension. IPR and technology laws are interrelated and inseparable as these two areas cater to fostering innovation, ensuring fair competition, and promoting the progress of knowledge and creativity. Be it AI, blockchain, or data privacy, the legal frameworks need to change fast with the advancement of technology. The next blog discusses the changing dynamics of IPR in the context of technology law with respect to key trends, challenges, and what to look at soon.
The role of intellectual property in technology law
IP is, therefore, the legal bone supporting inventions and innovations in technological advancements. Patents, copyrights, and trademarks provide inventors, creators, and businesspersons with exclusive rights over their intellectual creation. This exclusivity is one of the motivating factors that attracts innovation and has a rewarding effect on creators.
However, technology law introduces complex issues, as technologies often go beyond the realm of geography and jurisdictional boundaries. For example, the patentability of software or algorithms may be considered valid in one jurisdiction but invalid in another. All these issues are getting further complicated because of the increasing convergence of industries, for example, the area of biotechnology with IT.
Protection of IP in the digital space is very difficult due to the ease with which content can be copied, modified, and redistributed digitally. This has made enforcement very difficult in industries including entertainment, software, and publishing.
Key trends in IPR and technology law
Artificial Intelligence and Protection of IP
Artificial intelligence has moved into transforming the industries, but the grey area remains the ownership of IP in AI-generated content. But who, for example, owns copyright for works created by an AI? Can an AI itself be an inventor or an author? Legal frameworks around the world are wrangling with these questions. In the EU, there is active debate about granting inventorship to AI systems, while in the U.S. human inventorship remains status quo.
Further, there are issues on the patentability of AI-driven innovations, especially when algorithms are involved. It is yet to be determined by the courts and legislatures whether an AI can ever be considered named as an inventor on a patent application or what IP independently generated by an AI system should fall under.
Blockchain and Digital Rights Management
Although blockchain technology was sophisticated with cryptocurrency transactions, its application has expanded to include IP protection. It offers a decentralized platform for DRM where artists can track and trace how their content is being distributed and disseminated. Smart contracts, executed on blockchain, make the licensing process automated and ensure that any utilization of the creator’s work results in monetization of his work.
This has helped industries like the music business, where artists seldom receive their due to complicated licensing agreements. Several legal and regulatory challenges remain to be overcome, such as issues with the enforceability of smart contracts across jurisdictions.
Considering this, cybersecurity and data privacy emerge as one of the most critical areas of IP protection. Since digital intellectual property is in an ever-evolving state, there is also growing concern about cybersecurity and the protection of data. With digitization, trade secrets, patents, and copyrighted materials become vulnerable to cyber threats. A breach of information could result in the loss of valuable IP, which would ultimately affect companies’ financial returns and their reputation.
So far, the European Union’s GDPR has set the bar high for strict data privacy laws, but the challenge of safeguarding IP against cyber threats is an issue the world over. Companies will have to invest considerable resources in strong cybersecurity measures to protect their IP assets.
The Rise of Open-Source Software
OSS has risen in prominence, as more and more companies are now embracing collaborative models of innovation. Whereas OSS ensures collaborative innovations and decreases development cost, they can create very complex issues related to IP. An example will be that OSS licenses have to be comprehensively designed to balance contributors’ rights with any addition to the code.
Indeed, the open-source environment makes the protection of IP while ensuring innovation is realized highly tricky. Therefore, it is necessary for the companies to consider whether they are within the terms contained in the open-source licenses as well as protect their proprietary software.
E-commerce and Trademark Protection
E-Commerce has totally changed the way companies are run in this world, but it has also presented certain obstacles as far as protection of trademarks is concerned. Counterfeit goods are everywhere on the internet; platforms like Amazon and eBay have been at a loss in trying to keep pace with the flood of fake products.
Digital marketplaces have a pledge for a course of action in terms of responsibility to protect both consumers and businesses against counterfeits. In response, companies are now considering advanced technologies such as AI and machine learning to identify and remove counterfeit listings. However, the enforcement of trademark rights online requires coordination among businesses, governments, and e-commerce platforms.
Challenges of IPR and technology law
The major concerns in technology law revolve around jurisdiction. Because the internet covers a broad area that crosses borders, it is difficult to determine which country’s IP laws take precedence when there are disputes. This is very problematic in cases involving copyright infringement or patent protection for software whose distribution covers several countries.
The Delicate Balance between Innovation and Enforcement of IP Rights
Another challenge is how to strike a balance between encouraging innovation and enforcement of the rights of IP. Very stringent IP laws stifle innovation, while lax enforcement results in rampant infringement. This is where the onus lies with the legislature to provide an enabling legal environment that would promote creativity and allow creators and inventors to protect their works.
The Pace of Technological Change
Technology often evolves more rapidly than the legal frameworks which govern it. Legislative players are rushing to catch up with recent and emerging technologies such as artificial intelligence, blockchain, and the Internet of Things. This puts businesses in a state of uncertainty, holding back investment due to undefined clear legal boundaries.
Directions in the future for IPR under technology law
Adapting IP Laws to Emerging Technologies As technology develops, so too must IP laws. The legislators must create flexible frameworks that can support new technologies without constraining innovation. For instance, works created with AI and blockchain-based management systems require novel approaches in terms of IP protection.
Global Harmonization of IP Laws
Given the fact that technology knows no borders, the harmonization of laws on IP worldwide is increasingly called for. International agreements like TRIPS give a sort of a framework, but much more needs to be done to face the new challenges raised by the digital age.
Promotion of Public Awareness
Most of the enterprises, particularly SMEs, are not aware of the significance of protection of IP in technology. Governments and industry bodies must invest in raising awareness among businesses regarding the importance of IP and the steps that they can undertake to protect their innovations.
REFERENCES
- World Intellectual Property Organization (WIPO) – https://www.wipo.int/
- European Union Intellectual Property Office (EUIPO) – https://euipo.europa.eu/
- U.S. Patent and Trademark Office (USPTO) – https://www.uspto.gov/
- General Data Protection Regulation (GDPR) – https://gdpr.eu/
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) – https://www.wto.org/
- United Nations Commission on International Trade Law (UNCITRAL) – https://uncitral.un.org/
- Stanford Law School, Center for Internet and Society – https://cyberlaw.stanford.edu/
- Harvard Law School, Berkman Klein Center for Internet & Society – https://cyber.harvard.edu/
- MIT Technology Review – https://www.technologyreview.com/
- The Centre for International Governance Innovation (CIGI) – https://www.cigionline.org/
- International Association for the Protection of Intellectual Property (AIPPI) – https://www.aippi.org/
- International Chamber of Commerce (ICC) – https://iccwbo.org/
- The International Federation of Intellectual Property Attorneys (FICPI) – https://www.ficpi.org/
- Journal of Intellectual Property Law & Practice – https://academic.oup.com/jiplp
- The Information Technology & Innovation Foundation (ITIF) – https://itif.org/
Author: Ateebha Singh Choudhary is a 4th Year | BA.LLB (Hons.) at SVKM’s Narsee Monjee Institute of Management Studies.
