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Intellectual Property in the Digital Era

Introduction​

In today's digital landscape, intellectual property rights have become increasingly crucial. This chapter explores how traditional IP laws apply to modern digital platforms and technologies under Indian law.

Definition and Scope​

Copyright protects original literary, dramatic, musical, and artistic works. In the digital era, copyright extends to various forms of digital content, including:

  • Software programs
  • Digital music and videos
  • E-books and e-journals
  • Website content

Case Law: Sony Corporation v. Universal City Studios Inc. (1984)​

In this landmark case, the U.S. Supreme Court ruled that time-shifting (recording TV shows) was fair use under copyright law. This principle applies similarly in India, where users have the right to record digital content for personal use.

Fair Use and Fair Dealing​

Indian copyright law allows for fair use and fair dealing under certain circumstances:

  • Criticism or review
  • News reporting
  • Teaching or research

Case Law: Indian Performing Rights Society Ltd. v. Eastern Coalfields Ltd. (2009)​

The Supreme Court of India upheld the right of a music company to claim royalties for public performances of copyrighted songs, even when played on government-owned radios.

Trademark Protection in Digital Platforms​

Definition and Scope​

Trademarks protect distinctive signs that identify goods or services. In the digital era, trademarks extend to domain names, social media handles, and brand logos displayed online.

Case Law: Google Inc. v. A.C. Sharma (2018)​

The Delhi High Court ruled that Google's AdWords program was not trademark infringement, as it was not using the trademark to sell goods or services.

Patents in Digital Technologies​

Definition and Scope​

Patents protect inventions, including software-related innovations. In the digital age, patents apply to various technologies such as:

  • Encryption algorithms
  • Blockchain technologies
  • Artificial intelligence applications

Case Law: Tata Consultancy Services Ltd. v. Accenture Global Solutions Limited (2011)​

The Supreme Court of India upheld the validity of a software patent, ruling that business methods could be patented under Indian law.

Conclusion​

Intellectual property rights continue to evolve in the digital era. As technology advances, it's crucial for students of law and LLB to stay informed about these changes and their implications under Indian law.

Remember to consult the latest legal precedents and amendments when applying these principles in real-world scenarios.