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India's Digital Personal Data Protection Act And Its Interplay With Intellectual Property Regimes




Monika Pandey, Himachal Pradesh National Law University, Shimla


ABSTRACT


India's recent enactment of the Digital Personal Data Protection Act (DPDPA), 2023, marks a pivotal moment in the nation's legal landscape, establishing its first comprehensive privacy legislation following the Supreme Court's landmark 2017 Puttaswamy judgment. While traditionally perceived as distinct legal domains, personal data protection and intellectual property (IP) law are increasingly intersecting in the digital age. This article explores the complex dynamics, alignments, and tensions between the DPDPA and India's existing IP frameworks, including copyright, patents, trade secrets, and database rights. It analyzes how the DPDPA, by elevating individual data rights and autonomy, introduces a paradigm shift that affects the creation, management, and enforcement of IP assets, ultimately shaping India's ambition as a leading digital economy.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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