Intellectual Property Rights (IPRs) are constantly evolving due to rapid technological changes, globalization, and digitalization. While traditional areas like patents, trademarks, and copyrights remain important, several New and Emerging issues have gained attention in recent years. Understanding these developments is essential for commerce students, especially in legal and policy contexts.
Digital Piracy and Copyright Infringement
Issue
The digital age has made it easy to copy and distribute copyrighted content such as music, movies, books, and software without permission.
Example
Unauthorized uploads of films on torrent sites or YouTube without the creator's consent.
Legal Challenge
Enforcement is difficult because:
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Offenders often remain anonymous.
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Content spreads rapidly across borders.
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Laws struggle to keep up with new technologies.
Artificial Intelligence and Inventorship
Issue
When an AI system creates an invention, who owns the patent such as the developer, the user, or the machine?
Example
AI-generated music or AI-designed pharmaceutical drugs.
Legal Dilemma
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Patent laws traditionally recognize human inventors.
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Many jurisdictions are yet to define legal rights for AI-generated works.
Biotechnology and Genetic Resources
Issue
Biotechnological inventions, especially those involving genes, seeds, or microorganisms, raise ethical and legal concerns.
Example
Patent claims on genetically modified seeds or DNA sequences.
Legal Concerns
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Biopiracy: Multinational companies patenting genetic resources traditionally used by indigenous communities.
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Need for benefit-sharing mechanisms under laws like the Biological Diversity Act, 2002.
Domain Name Disputes and Cybersquatting
Issue
Some individuals register domain names of famous brands or trademarks to sell them at a profit—this is known as cybersquatting.
Example
Registering domain names like "amazon-sale.in" without being affiliated with Amazon.
Legal Protection
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The Internet Corporation for Assigned Names and Numbers (ICANN) has dispute resolution mechanisms.
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Indian laws recognize cybersquatting as a form of unfair trade practice.
Traditional Knowledge and Cultural Expressions
Issue
Traditional knowledge (TK) such as Ayurvedic medicine or tribal art is often used commercially without proper recognition or benefit-sharing.
Example
Foreign companies patenting turmeric or neem-based products which have been used traditionally in India.
Legal Response
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India created the Traditional Knowledge Digital Library (TKDL) to document traditional remedies and prevent wrongful patents.
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WIPO (World Intellectual Property Organization) is working on frameworks for protection of TK globally.
Trade Secrets and Data Protection
Issue
In the digital era, business secrets like formulas, processes, or client lists are vulnerable to hacking and leaks.
Example
A former employee stealing confidential algorithms or client databases.
Legal Gap
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India lacks a comprehensive law dedicated to trade secret protection.
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Companies rely on contractual confidentiality clauses.
E-commerce and Brand Counterfeiting
Issue
Online marketplaces often become platforms for selling counterfeit goods, violating trademarks and brand identity.
Example
Fake branded shoes or electronics sold on popular websites.
Challenge
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Difficulty in tracking counterfeiters.
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Responsibility of e-commerce platforms is still debated in courts.
Cross-Border Enforcement of IPRs
Issue
IP rights are territorial, but infringement often happens across borders, especially online.
Example
An Indian company’s copyrighted content being used without permission by a user in another country.
Need
Stronger international cooperation, uniform standards under treaties like:
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TRIPS (Trade-Related Aspects of Intellectual Property Rights)
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WIPO-administered agreements
Conclusion
Emerging issues in intellectual property highlight the dynamic relationship between technology, innovation, and law. Areas such as AI, biotechnology, traditional knowledge, and online infringement challenge the adequacy of existing IPR frameworks.