Intellectual property (IP) law has become increasingly closely related to technical advancements and the laws that govern them throughout time.
New waves of technology present ongoing challenges to IP law because it is frequently necessary to offer protection for them.
New technologies also present fresh opportunities to abuse protected works. In fact, IP law and these rules have been in ongoing conversation as technology has evolved into an autonomous subject matter controlled by distinct requirements.
The boundaries of the field have been dramatically changed by this interaction between IP law and technology. In this article we will examine the effect of emerging technologies on IP and explore the various possibilities in brief.
The Impact of Emerging Technologies
It is no hidden fact that the emerging technologies play a huge role in governing the future of IP implementation and on the laws that govern it in India.
Artificial intelligence (AI), blockchain, and the Internet of Things (IoT) are the beginning of a new era for the world of Intellectual Property Rights. They are already contributing to simplifying the mere existence of Intellectual Property in India, and also encourage innovation. At the same time, these technologies are raising new legal questions, different interpretations and challenges, particularly in the areas of copyright and patent law. For instance, as AI becomes more involved in the creative process, it raises questions about who should be credited as the creator of a work. Similarly, the use of blockchain for IP registration and management is creating new opportunities for innovation and efficiency. Learn more about AI Effect on Intellectual Property
An Overview of Important Changes and Developments in India's IP Landscape
The intellectual property (IP) landscape in India is changing and expanding along with the country’s economy.
The future of IP law in India is continuously changing, from new laws and regulations to changing market trends and cutting-edge technologies. Here, we take a closer look at some of the major predictions and trends influencing India’s IP legislation in the future.
The Evolution of Digital IP
The expansion of digital IP is one of the main trends in IP law. Businesses are relying more and more on intellectual property (IP) to secure their online assets as digital technologies like the internet, social media, and e-commerce are used more often. Due to this, there has been an increase in legal issues involving digital IP in India, including those involving trademark and copyright infringement, domain name disputes, and cybersecurity breaches.
This has broadened the horizon of this field and encouraged the legal fraternity to explore the roads less taken to understand the intricacies of IP more closely.
Focus on Patent Protection Has Increased
The increased attention being paid to patent protection is another development in IP law.
Strong patent protection is becoming increasingly important as India’s technology sector continues to expand in order to encourage innovation and draw outside capital.
The National IPR Policy and the Patent Prosecution Highway (PPH) programme are only two of the many policies and initiatives that India has implemented in recent years with the goal of enhancing patent protection.
Another fascinating programme recently introduced by the Indian Patent Office is expedited patent evaluation with a focus on entrepreneurs.
Addressing India's Trademark Pendency
For many years, trademark pendency in India has been a major problem, with many firms having to wait a very lengthy period for the processing of their trademark applications.
The Indian Trademark Office has made efforts recently to alleviate this problem and enhance the effectiveness of the trademark registration procedure, nevertheless.
The adoption of an online application system, which has expedited the application process and decreased the time required to file applications, has been one of the most significant advances.
Furthermore, the Trademark Office has implemented a system of expedited assessment for some sorts of applications, such as those pertaining to startups, which can aid in speeding up the procedure for enterprises that need to protect their intellectual property rapidly.
In order to clear the backlog of outstanding trademark applications, the Trademark Office has also taken action. In order to ensure that applications are handled quickly and effectively, it has, for instance, increased the number of examiners and implemented a system of random application allocation to examiners.
The pendency of trademarks in India has been positively impacted by these initiatives, and wait times for trademark registration have dramatically decreased recently.
As a result, companies wishing to protect their trademarks and intellectual property in India may do so more quickly and effectively, which makes the country more appealing as a location for international investment and commercial expansion.
Other Benefits of Technology in IP
• Organizations are able to set up Trademark Monitoring system, which not only assists but reduces the burden manifold for them as well as the law firms to continuously and vigilantly keep an eye on possible infringements.
• Getting assistance in drafting error free IP Applications.
Possible Threats and Challenges for IP
Every coin has two sides. While we’ve actively celebrated the positive impact of emerging technologies on IP, one simply cannot ignore the possible threats that it may pose too in near future. If one does not act on time, these challenges hold the power to create uncontrollable chaos.
The advancement of AI technology presents several challenges for intellectual property. For instance, it should be emphasized that AI can be used to remove digital content watermarks and to create “smart imitations,” which refers to figuring out the murky areas where a candidate might create an infringement-infringing design or utilize a corporate identity without being held accountable.
According to predictions on the danger posed by deepfake technology, up to 90% of web material could be produced artificially by 2026. It was determined that new kinds of crime will need to be policed as a result of the influence that such technology has on privacy and personal security.
Another fear that comes up with increasing advancement in how technology can assist the violators in finding the loophole.
The Patent is an invention which is novel, inventive and non-obvious. To determine the same, the invention is usually compared to prior arts. With better softwares, the infringers and violators can manipulate the prior work in a way that the same is not detected and mere cosmetic changes would provide them with protection and violate the rights of the original inventor.
Conclusion
In conclusion, a number of significant trends and developments, such as the growth of digital IP, increased emphasis on patent protection, modifications to trademark law, and the influence of emerging technologies, are expected to have an impact on the direction of IP law in India in the future.
The only question that still stands is “whether it will be for the good or not?”. Before we find the answer to this burning question, to manage this emerging change positively businesses and legal professionals need to be informed of the most recent developments and adjust their strategy as these trends continue to shift. By doing this, they may successfully negotiate India’s complicated IP legal system and stay on top of this quickly developing area.
- Naseem Sheikh
- May 27, 2023
