EVOLUTION OF IPR IN THE DIGITAL AGE

INTELLECTUAL PROPERTY RIGHTS (IPR)

IPR, or Intellectual Property Rights, are rights granted to intangible creations of the human mind by individuals or organizations. These rights give the creators exclusive control over their use and distribution. IPR encourages people to create a wide range of intellectual goods

The different types of IPRs are:

1. PATENTS – They protect inventors and their inventions from being made, used, sold, and imported for a limited period. They are usually protected for 20 years
2. TRADEMARKS- They protect name, logos, signs and designs that distinguish the goods from a particular source. It can be renewed indefinitely, usually every 10 years
3. COPYRIGHT – Protects the creators and gives them exclusive rights over their original works such as books, songs etc. It is for lifetime typically life of author
4. TRADE SECRETS – Protects and keeps the process, methods confidential and that provides a competitive edge
5. GEOGRAPHICAL INDICATION – protects products belonging to a specific place, where quality or reputation is directly tied. Example Darjeeling tea, Rampuri knife. The right can be renewed

SIGNIFICANCE OF IPR

• Encourages creativity and innovation by providing exclusive rights and economic advantages.
• It protects business interests with the help of IPR like trademark and patent
• Promotes economic growth by providing organizations with a better edge
• Ensures product authenticity by differentiating between the genuine product and a counterfeit.
• Boosts International trade by keeping the trade between countries in check with the standards of World Intellectual Property Organization (WIPO) or TRIPS Agreement ( Trade- Related Aspects of intellectual property rights).

The article explores the evolution of IPR in the context of digital era

EVOLUTION OF IPR LAWS

The origin of IPR laws can be traced back to centuries as it evolved with the rise in trade, communication, innovation and legal systems. Its evolution can be divided into the following :

ANCIENT PERIOD

In the ancient times, IPR laws were not formalized as frameworks. Though, various practices and customs were adopted to protect the creators, traders etc.

Some of them were:

• Mesopotamian traders would mark cylindrical seals which they would attach to the mouth of the product to mark its authenticity and origin. This can be seen as a trademark that prevented fraud and protected the owner of the goods.
• In the ancient Greek civilization, chefs residing in Sybaris, ( a Greek city), chefs were granted exclusive right upon their recipe for a year so that the chef benefit from their recipe before it could be copied. During that time, philosophical work were also shared widely, if it was copied without giving the due credit , it was scrutinized
• Ancient Indian manuscripts and texts like Arthashastra mention the presence of guild system. these guild systems facilitated trade as well as protected product secrets . It also emphasized the importance of acknowledging creators
• People in Ancient roman civilization used stamping to identify their products and distinguish them from others in the market. Roman law also included provisions to protect the interest of businessmen as well as against theft and copying
• Chinese artisans protected their methods of producing silk, porcelain and other goods. The government also kept strict rules over copying of products making it a state driven approach
• In ancient Egypt artists and architects inscribed their names on their creations. This was a form of acknowledgement

INDUSTRIAL PERIOD

The industrial revolution in 18-19th centuries saw rapid innovation, development and growth of technology which led to significant formalization of Intellectual Property Laws (IPRs)

• The period of industrial revolution saw inventions of a large number of machineries, manufacturing and transport. To protect the interest of creators and business organizations different patent laws were interested in various countries. For example UK introduced The Statute of Monopolies (1624) which laid the groundwork for patent laws. It gives patents to the true inventors and dismissed monopolies. Similarly USA introduced The patent act of 1790 which gave the inventors an exclusive right for 14 years.
• Due to the rapid development in all arenas like expansion of printing industry , literacy rate of citizens was also increasing at a rapid rate which made it essential to have copyright laws which granted protection to authors, painters and creators. UK for this reason introduced The Statute of Anne (1710) which granted authors an exclusive right for a period of 14 years with the option to renew it for another 14 years. USA influenced by the statute of Anne also introduced the copyright act of 1790
• The Industrial Revolution increased the mass production which led to the need of trademark laws which would distinguish goods and prevent counterfeit goods. The United Kingdom introduced The Merchandise Marks Act (1862) which protected trademarks and prevented counterfeit products and fraudulent goods. France similarly introduced The Trademark Law of 1857 which registered trademarks.
• Many popular inventions known today were protected through IPR Laws like:

1. James Watt’s steam engine through a UK patent
2. Samuel Morse’s telegraph system through a US patent
3. Eli Whitney’s cotton gin through a US patent

 THE 20th CENTURY

With the evolving global recognition to protect the intellectual property laws, w20th century saw the development and improvement of many IPR laws

Paris and berne conventions were held inn the 19th century.

Paris convention 1883 was the first international treaty that addressed concepts like patents, trademarks and industrial design

Subsequently berne convention was came which focused mainly on protecting the literary and artistic work in 1863. This subsequently laid the groundwork for copyright law.

WIPO or World Intellectual Property organizations in 1967 was established to administer the various international treaties like Paris and berne conventions. It later became a  specialized unit in 1974that reflected the global importance

In the year 1970 Patent cooperation treaty was established to facilitate the process of obtaining patents in many different countries. This allows the investors to protect their inventions

TRIPS or Trade related aspects was established in 1994. It was created as a framework under WTO and is a landmark in IPR laws. it addresses copyrights, trademarks, trade secrets and is the most comprehensive international agreement in IPR law. It sets standards for IPR law, its protection and its enforcement

IPR IN DIGITAL ERA

Intellectual Property Laws in the digital era have become extremely important. and complex. Due to the rapid technological developments, a large number of intellectual properties are being created and shared in the digital landscape. This has also changed the way intellectual property laws function in the present situation.

EMERGENCE OF DIGITAL ERA

The emergence of digital era has transformed the way the way information is created , shared and consumed.

With the inventions of technological mediums like computers in mid 20th century,  the creation of internet in 1960s and the following creation of world wide web in 1989 by Tim Berners lee, officially laid the groundwork of the current globally connected digital space.

Eventually, various technological products were invented like mobile and wireless technologies which eased the connectivity globally and made digital content available anywhere and at all times

As a result of which media like books, music records started being replaced by digital forms like mp3 players, eBooks and other entertainment platforms

Social media platforms like Youtube, Facebook and Instagram and e commerce platforms like amazon, Flipkart completely transformed the digital space as economy became a bi part of the digital space

The easy availability of internet and mobile phones facilitated the rapid emergence of the digital era

EVOLUTION OF IPR LAWS IN DIGITAL ERA

With the rapid shift in digital media, it became hard and complex to govern with the traditional IPR laws. It was realized much early on that IPR laws were to be made according to the present situation.

The WIPO treaties laid the foundation of legal frameworks for protecting the media transmitted online. At the same time addressed copyright issues in the digital platform.

The TRIPS Agreement of 1994  was a key framework which aligned the IPR protection to all the members of WTO member states. All the countries created the digital IPR laws according to the standards of the TRIPS Agreement.

The digital era saw a rise in online piracy of movies, songs which led to introduction of stricter laws ad mechanisms to combat piracy. Trademarks also saw many disputes. As a result Uniform Domain Name Dispute Resolution (UDNDR) had to be introduced to resolve conflicts.

Copyright concerns were widespread due to platforms like Youtube and Instagram where it was easier to share content. Streaming and subscription platforms like Netflix, Amazon prime and Spotify introduced licensing and revenue sharing models.

GI products became hard to be protected due to the easy access of these products at online marketplaces which led to new discussions and formation new laws

BENEFITS OF IPR IN DIGITAL ERA

Intellectual property rights in the digital era allow and support innovation, creativity and economic growth and at the same time provide legal mechanisms to address the challenges.

IPR encourages innovation and creativity by protecting the digital works of creators like eBooks, music, software etc. and at the same time help them in incentivizing their creations without any fear.

IPR legally protects the original works of creators from illegal distribution, piracy, counterfeit and unauthorized use which protects their revenue streams.

IPR supports creators in monetizing their works through licensing, patents etc. as a result of which digital economy is boosted and global trade and collaboration is boosted.

IPR protects brand value and supports consumer trust by preventing sale of pirated goods and counterfeits.

KEY CHALLENGES OF IPR IN DIGITAL ERA

IPR has numerous benefits in the digital era but its challenges cannot be ignored

Intellectual property in digital space is easily accessible as a result of which copying these goods becomes a lot easier and leads to piracy, counterfeit goods. It also facilitates illegal distribution of copyrighted materials.

Content and media can be accessed worldwide due to the global nature of the digital state. At the same time, IPR laws vary across countries. Due to this, jurisdictional and enforcement issues emerge.

Emerging technologies like AI and NFTs raise challenges and creates disputes. Determining  ownership over an intellectual property becomes complex.

CONCLUSION

The digital era has significantly affected IPR laws and as a result, it comes with its own benefits and challenges. Legal frameworks have had to adapt to the issues of copyright, trademark, piracy in the digital space, & at the same time address the issues and make the necessary changes in the law. The rapid technological change and easy access of content on the digital platform has raised many  challenges. There is a need for framework which balances the issue of protecting the original works and giving access of these works to the general public. With the evolution of technology like AI and NFTs ,evolution of IPR Laws are also required.