Blockchain And Intellectual Property Rights: A Legal And Technological Shift In The Indian Context
- IJLLR Journal
- Jan 29
- 2 min read
Gouri Krishna P K, School of Law, CHRIST (Deemed to be University), Bangalore
ABSTRACT
Blockchain technology is a new, techno-savvy game changer in various fields, including Intellectual Property Rights (IPR). It is a decentralised peer- to-peer network-based public, encrypted and immutable digital federated ledger system. One can store any data in a blockchain; this data is tamper- proof, cannot be tampered with without being noticed, and is also free from third-party intervention. Initially developed for cryptocurrencies, its features like immutability, traceability and security have far-reaching applications beyond finance. In the realm of IPR, the dual relationship IP system protects blockchain on one hand, and blockchain technology can be used to strengthen the IP regime on the other hand. With the world gearing up to use blockchain technology for many purposes, notably, the implementation of blockchain in IPR, be it registration, licensing or making of contracts, blockchain will enable tamper-proof data. It can be used to synchronise the internal and external search databases. Blockchain minimises risk and increases operational efficiency compared to traditional IP management systems. There has been a steady increase in patent filings using blockchain in India, thereby leveraging this technology for IP protection. International organisations like WIPO and the EU have effectively collaborated with IP offices across the globe, reflecting growing interest in using blockchain technology to maintain accurate and secure IP registers. While implementing this idea has been in the initial stage in many countries, India has not put a great effort into it, considering the legal and technical hurdles. There is a need for legislative and policy frameworks to embrace this shift, suggesting that mere adoption is not enough unless it is actively implemented and legally recognised. This study emphasises the scope of blockchain technology in intellectual property rights and its legal implications regarding registration. It also looks at the legal and technical hurdles for the implication of the same in the Indian legal system.
Keywords: Blockchain Technology, Intellectual Property Rights, IP Registration and Protection, Legal and Technical Challenges in India.
