Intellectual Property Complexities

Author : Yashashvi Malik, BBA LLB Chandigarh University

Abstract

In a progressively innovation-focused global economy, the significance of intellectual property (IP) has attained unprecedented levels.Intellectual property rights (IPRs) are the rights and legal protections granted to creators for their unique and intangible creations such as inventions, literary works, designs, symbols, and software. However, the legal landscape surrounding intellectual property is riddled with complexities. These complexities arise from challenges in enforcement, jurisdictional differences, overlapping rights, digital piracy, AI-generated content, and balancing public interest with private ownership. This article explores the intricate legal, technological, and ethical dimensions of IP law, focusing on its global and Indian frameworks, landmark case laws, and modern challenges.

Introduction

Legislation on intellectual property is essential for fostering innovation, creativity, and economic growth. By providing legal protection for intangible goods, intellectual property laws encourage inventors to invest their time and money in developing fresh ideas. However, the intangible and frequently overlapping character of these rights has resulted in numerous legal complications. These issues are exacerbated by technical improvements, globalization, and the rise of the digital economy.

Intellectual property encompasses everything from pharmaceutical patents to music copyrights, software licensing, and fashion design trademarks. However, protecting and regulating intellectual property rights is a constant challenge for lawmakers, judges, and stakeholders alike.

Types of Intellectual Property Rights and Their Intricacies

There are four major types of intellectual property, each with its own legal structure and set of challenges:

Copyright: It protects creative works such as literature, art, music, and drama.
In India, copyright lasts for the lifetime of the author plus 60 years.
The digital era has resulted in greater copyright violations via online streaming, downloading, and sharing
The rise of AI-generated content raises problems regarding authorship and originality.

Patents :- They may grant inventors some exclusive rights to their novel, valuable, and non-obvious inventions.
Duration: 20 years (in India and most countries).
Complexity: Patent trolls and evergreening can misuse the system. Global pharmaceutical patent conflicts, such as those between Novartis and Pfizer, illustrate the conflict between innovation and accessibility.

Trademarks: It Protects unique signs, logos, and brand identification.
Renewable every ten years.
Complexity: Trademark dilution, comparable advertising, and counterfeit goods have made enforcement challenging, particularly across borders.

Design and Trade Secrets: Design protects the aesthetics of articles.
Trade secrets safeguard proprietary company information such as formulas, techniques, or methodologies.
Complexity: Trade secrets lack legal protection in many countries, including India (unless under contract or equity law), making enforcement challenging.

Jurisdictional Challenges in IP law

Intellectual property is territorial in nature. A patent or trademark granted in India is not automatically protected in the United States or Europe.

Key challenges include: 
A lack of global uniformity in IP laws.
Patents and copyrights have different definitions of “novelty,” “obviousness,” and “fair usage.”
International treaties such as TRIPS (Trade-Related Aspects of Intellectual Property Rights) aim to standardize regulations, but are typically criticized for favoring richer nations.

Indian IP Framework: Strengths and Gaps

India is a party to the TRIPS agreement and possesses a highly detailed intellectual property framework. Major legislations include:
The Patent Act of 1970 (amended in 2005).
The Copyright Act of 1957.
The Trademark Act of 1999.
The Design Act of 2000
The Geographical Indication of Goods Act, 1999

Strengths:
Section 3(d) of the Patents Act: It prohibits evergreening, as demonstrated in the Novartis v. Union of India case (2013).
Improved online registration and record digitizing speed.
Recognize geographical indications (GIs) such as Darjeeling tea and basmati rice.

Gaps:
No separate trade secret law.
Weak enforcement, particularly in rural regions.
Limited awareness among MSMEs and craftspeople.
Overburdened IP Appellate System.

Modern Legal Complexities in Intellectual Property

1. Digital Piracy and Online Infringement:
The internet has become a breeding ground for unlawful streaming, pirated books, and music downloads. Enforcement is challenging owing to :
The anonymity of infringers.
Cross-border data hosting.
Lack of collaboration among digital platforms.

For example, in Super Cassettes Industries Ltd. v. MySpace Inc., Indian courts held platforms accountable for failing to immediately remove copyrighted content.

2. Artificial intelligence and authorship:
AI-generated music, art, and literature raise questions about who owns copyright: the programmer, the AI, or the user along with the majority of jurisdictions, including India, do not acknowledge nonhuman creators.

For example, the United States Copyright Office rejected copyright to an image made by the AI “Creativity Machine,” prompting global debate.

3. Patent Thickets & Trolls:
A single product, such as a smartphone, may be covered by hundreds of patents. This causes overlapping rights, resulting in legal problems such as Licensing fees have increased, New innovators face entry barriers.

For example, Patent trolls frequently acquire patents not for use, but to litigate and seek settlements.

4. Comparing Economic and Moral Rights:
It is frequently difficult for authors to claim their moral rights (such as integrity or attribution) above the financial rights of publishers or producers.

For instance, in Amarnath Sehgal v. Union of India, the Delhi High Court upheld the sculptor’s moral rights concerning his altered mural, despite the transfer of the commercial rights.

Global challenges in IP enforcement.

1. IPR vs Access to Medicines:
Developing countries frequently compete with pharmaceutical companies for access to inexpensive pharmaceuticals.

For example, India’s choice to issue Natco Pharma a compulsory license for a generic version of Bayer’s cancer drug Nexavar (2012) marked a significant turning point, prioritizing public health over patent protections.

2. Traditional Knowledge Protection:
Traditional knowledge cannot be adequately protected by modern patent systems due to its communal nature, oral transfer, and lack of scientific documentation.

For example, India established the Traditional Knowledge Digital Library (TKDL) to combat biopiracy; for example, a US patent on turmeric for wound healing was invalidated based on TKDL data.

Case Laws Highlighting Intellectual Property Complexities:

Novartis AG vs. Union of India (2013):
In this case, a major question arises whether a slight tweak to an existing medicine (Glivec) qualifies as an invention.
The Patent was denied under Section 3(d) and the court set the standard for accessibility over patent monopolies.

Yahoo Inc. vs. Akash Arora (1999):
The issue involved a trademark infringement because of similarities in domain names. The court concluded that Yahoo India.com was confusingly similar and infringed on Yahoo’s trademark.

Eastern Book Company vs. D.B. Modak (2008):
The issue was regarding copyright in legal reports and the court held that mechanical compilation lacks originality and also Introduced the “modicum of creativity” standard.

R.G. Anand vs. Deluxe Films (1978):
The issue revolved around Copyright issues related to themes and ideas. In this instance, only the expression of concepts is safeguarded, but the concepts themselves remain unrestricted.

Ethical Dimensions of IP

Biopiracy: It involves patenting traditional treatments from indigenous cultures without acknowledgment or benefit sharing.

Digital Surveillance: Excessive digital surveillance for IP enforcement may violate privacy rights.

AI and exploitation: AI tools trained on copyrighted content may exploit human writers without their agreement.

Ethical intellectual property arrangements must strike a balance between innovative incentives and information access.

Suggestions and Way Forward

Create a unified IP Court with dedicated benches to resolve complicated IP issues quickly.

Incorporate IP education into school curricula and entrepreneurship initiatives.

Digital Enforcement: Utilize blockchain and AI for IP monitoring, watermarking, and infringement detection.

Foster Public-Private Cooperation: Encourage platforms (e.g., YouTube, Spotify) to collaborate with IP holders through effective takedown and monetization policies.

Enhance global collaboration through WIPO measures to promote harmonization and conflict resolution across jurisdictions.

Adopt unique legislation to safeguard indigenous knowledge systems.

Conclusion

Intellectual property, although not tangible, ranks among the most potent economic resources of contemporary times. However, its regulation is complicated by legal, ethical, and technological considerations. As India moves toward a knowledge-based economy and more inventions arise from non-traditional sectors such as rural craftsmen, software developers, and biotech entrepreneurs, it is vital to find a balance between exclusive rights and public good. Lawmakers, jurists, corporations, and civil society must work together to ensure that the intellectual property regime is equitable, enforceable, and future-ready.

FAQS

Q1.  What are Intellectual Property Rights ?
Ans. Intellectual Property Rights are rights and protection granted to the intangible items, goods, designs, logos or innovations in form of trademarks, patents, copyrights etc.

Q2   What is the length of time that patents, copyrights, and trademarks are protected?
Ans. Duration for protection of patents is 20 years, mainly in India, for copyright it is author’s lifetime + 60 years and for trademarks can be renewable in every 10 years.