Contemporary Challenges and Threats to Intellectual Property Rights

Introduction:

Intellectual Property Rights (IPR) refer to the bundle of exclusive legal rights that creators and owners of original works are entitled to, which includes patents, trademarks, copyrights, and trade secrets. These rights are designed to protect the tangible expression of ideas from being copied, imitated, or used without permission, thereby serving as valuable assets of knowledge that can be enforced in a court of law.

NEED FOR INTELLECTUAL PROPERTY RIGHTS

The economy has shifted from being centred around products during the industrial age to being focused on intellectual content and ideas in the current information age. This shift makes it increasingly important to protect intellectual assets, ideas, and innovations. This is where Intellectual Property Rights (IPR) come into play.

IPR laws not only protect artistic works like movies, songs, and other creative expressions, but also encompass a wide range of IP rights including patent, design, trademark, and copyright for well-established companies like Burger King, Coca-Cola, and Flipkart. Intellectual property rights have a significant influence and can be compared to "plate tectonics."

The scope of IPR extends beyond specific fields like electronics, pharmaceuticals, biology, or genetics to include software, business, finance, innovation, and even new patentable algorithms. These laws prevent organisations and individuals from misusing and copying ideas.

IPR LAW IN INDIA

In India, the authority responsible for enforcing IPR laws is known as "The Controller General of Patent, Designs and Trademarks." As a member of the Trade-related Aspects of Intellectual Property Rights (TRIPs) agreement, India is obligated to align its laws, enforcement provisions, and dispute resolution procedures to ensure the protection of intellectual property rights. The country has well-established legal, administrative, and judicial frameworks in place to safeguard intellectual property rights. Although there is no explicit statute specifically protecting trade secrets and know-how, they are protected under common law, with courts recognizing their significance and the breach of confidentiality.

There are some of the Intellectual Property Rights protected by law:

·         Trademark: Trademarks are unique signs that can take different forms such as symbols, logos, words, phrases, names, sounds, designs, or pictures. They are used to represent the brand value or goodwill associated with a company or its products and services. A company's trademark is a valuable asset, as it protects its distinguishing symbol or indicator. In India, the Trademark Act of 1999 establishes rules and regulations for trademark registration, regulation, and protection. Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) has revised the trademark registration laws in India.

·         Patent: A patent is a legal right or privilege granted to an inventor, which gives them exclusive rights to their innovation. This includes a wide range of patentable ideas, such as compositions of matter. Once a product or process is patented, it cannot be commercially produced, distributed, used, or sold without the permission of the patent owner. In India, patent rights are awarded on a first-come, first-serve basis, allowing the inventor, assignee, or their legal representative to apply for a patent.

·         Design: Designs play a vital role in protecting the visual appearance and ornamental features of a product. They encompass elements such as shape, configuration, pattern, ornamentation, and colours that are visually perceived. Intellectual property rights offer protection to these designs, which is crucial for businesses, as it safeguards their unique and visually appealing product designs, contributing to brand recognition and market competitiveness. In India, the Designs Act of 2000 governs design protection, allowing for registration and exclusive rights for industrial designs. The design registration process is now more efficient, fostering innovation and driving growth.

·         Copyright: Copyright law safeguards artistic and literary works such as books, paintings, movies, songs, and computer software. India implemented the Copyright Act in 1957 and has since updated it to comply with TRIPs standards. India is an active participant in the World Intellectual Property Organization (WIPO).

TECHNOLOGICAL CHALLENGES AND THREATS

The development of new technologies and advancements in the digital world has brought about challenges in protecting intellectual property. It has become a crucial issue to ensure the digital enforcement of these rights. In a globalized environment, safeguarding intangible assets has become more difficult, as organizations are facing the constant risk of imitation and exploitation of their brand features, which can lead to confusion among consumers. The following are some of the significant threats that pose a risk to intellectual property:

3D Printing: The mass production of printed objects has become easier with advancements in technology and improvements in material quality. However, this has also led to the possibility of intellectual property infringement. While existing legislation covers such violations, there may be a need for amendments or modifications, especially in the context of nanotechnology or 3D printing.

Artificial Intelligence: The rise of AI technology has brought both challenges and opportunities for the protection of Intellectual Property (IP). While AI can be used to safeguard digital content, it can also be exploited to create imitations of layouts, logos, designs, and other elements, which can pose a serious threat to IP rights. To combat crimes such as audio and video impersonation, cyber-squatting, typo-squatting, and unauthorized live streaming of copyright-protected digital content, there is a need for changes in legislation and an updated legal environment that can address AI-related issues.

Spatial Computing: Spatial computing is a relatively new technology that currently doesn't have sufficient measures in place to prevent piracy and infringement. Augmented reality (AR) can be used to manipulate patented products, layouts, copyrights, and trademarks, which is a cause for concern. To tackle this issue, it may be helpful to introduce a certification stamp that authenticates information and develop a digital system that can help prevent the misuse of spatial computing.

INTELLECTUAL PROPERTY RIGHTS AND CONTEMPORARY ISSUES

The benefits of technology in the modern era are undeniable. However, with these advancements, society has faced various issues such as machine learning, piracy, data protection, cybercrime, and others. Many of these issues are related to the protection of intellectual property rights. Some of the contemporary concerns include:

Ø  Many people are not aware or knowledgeable about their intellectual property rights.

Ø  Many people are not aware or knowledgeable about their intellectual property rights.

Ø  Inadequate implementation of intellectual property legislation

Ø  There is currently no effective Intellectual Property Rights (IPR) review committee in place.

Intellectual property rights are facing challenges like copyright infringements, plagiarism, and piracy, among others. To address these issues, many countries have taken measures to strengthen their intellectual property administration. This includes establishing intellectual property cells, participating in international treaties, facilitating start-ups to seek IP protection, and clearing patent and trademark application backlogs.

Conclusion

 Intellectual Property Rights (IPR) are extremely important in both social and business contexts. In the digital era, the significance of IPR has grown due to the increase in patent, trademark, and copyright-related activities. With the advent of new technologies such as AI and spatial computing, new challenges have arisen that require legislative measures and appropriate safeguards. Therefore, it is imperative to protect IP assets to promote innovation and technological development.