Safeguarding Intellectual Property In The Digital Age: Towards A Technology-Integrated Enforcement Framework
- IJLLR Journal
- Aug 12
- 1 min read
Devika Singal, Jindal Global Law School
Vaibhav Bansal, Jindal Global Law School
ABSTRACT
The digital revolution has fundamentally transformed the creation, dissemination, and enforcement of intellectual property rights (IPR). While the digital age has enabled democratized content generation and accelerated innovation, it has also exacerbated the challenges of protecting intellectual property across decentralised and transnational digital platforms. This paper critically examines the inadequacies of India’s current IPR enforcement framework, particularly in the context of emerging technologies such as blockchain, artificial intelligence, peer-to-peer networks, and non-fungible tokens (NFTs). Through a doctrinal, comparative, and thematic analysis, the study scrutinises statutory instruments like the Copyright Act, 19571 and the Information Technology Act, 2000,2 along with international frameworks such as the WIPO Copyright Treaty3 and the TRIPS Agreement.4 It further draws insights from global best practices in the European Union, the United States, and China. The research identifies systemic gaps in India’s IPR enforcement regime, including the lack of statutory recognition for AI- generated content, limited regulation of online intermediaries, and technological obsolescence. The paper proposes a shift towards a technology-integrated, platform-sensitive enforcement model, incorporating blockchain-based licensing, AI-driven monitoring tools, and international cooperation for cross-border enforcement. By bridging the doctrinal gaps and leveraging technological advancements, this paper aims to contribute to the evolving discourse on balancing innovation, creator rights, and public access in the digital economy.
