An Analysis Of The Patents And The Protection Of Digital Innovations In E-Commerce Platforms
- IJLLR Journal
- 9 hours ago
- 2 min read
Soumili Naskar, School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
This article casts doubt on the efficacy of existing patent systems in safeguarding digital works on e-commerce websites alongside proposed modifications that align with the demands of the digital economy.The research takes a doctrinal method of research to examine laws, court decisions and scholarly literature and concepts elsewhere as far as India, China, the United States, European Union. It is possible to focus on the analysis of the question through this approach of whether the current regulations are sufficient to protect platform based technologies such as algorithms, artificial intelligence based systems, encryption modeling, and digital payment systems. E-commerce platforms are currently the major contributors to global trade and innovation, although their digital innovations are extremely fragile, owing to their etherealness, mathematicalness, and easy imitability. The controversy falls within the width of the greater controversy between pre-existing notions of patentability, and those introduced by software and algorithm-based inventions, which often blur the boundary between technical applications and abstract ideas. Numerous legal interpretations of the judicial system show not only the diversity of approaches of countries but also the jurisprudential vagueness of inventors. It has been found that patent continues to be an indispensable stimulant to invention, licensing, and competition, yet the contemporary structures are obstructed by statutory ambiguity, judicial inability to provide rigid interpretation, and executive malpractice. cross-border enforceability, duplicate intellectual property systems, and threat of monopolization. Some of the proposed modifications involve the enhancement of the legal meaning of technical effect, the creation of special patent benches or online IPR cells, and the deployment of artificial intelligence and blockchain tools to monitor and punish.
Keywords: Digital technologies, e-commerce, protection of patents, software and algorithms, international enforcement, intellectual property, international harmonization, artificial intelligence, blockchain.
