Written by: Ipshita Jain, 3rd year law student, Galgotias University
Introduction
The ever-evolving global digital environment means that business development, goods and service promotion and consumption hinge on information technology. Technology also refers to Ability to gather data from assortment of technologies such as webs, computers and digital media to spur Economic as well as digital development. As more organisations embrace new technologies, there is need to ensure that appropriate protection mechanisms for IP are adopted in order to support innovativeness, mitigate risk and for good implementation of digital economy.
Intellectual Property Protection in the New Economy
In simple terms the legal protection given to creations of the human mind such as inventions, artistic works, designs and symbols we describe as intellectual property that can be protected through trademarks, copyrights, patents and trade secrets. These rights entail protection of the non-business assets in the hands of creators by enabling creators reap reasonable returns on their investments. IP assets play an important role in a knowledge-based economy, where proliferation of innovations adds to the importance of protecting these rights.
Because the digital economy is internet-based, most of the technology behind it, including software, networks, and online data files falls under the umbrella of intangible assets. It is more important that IP protection is strong in this area to support or sustain the online businesses since there are lots of cases of piracy and infringement when there is legal protection that is not strong enough to support it.
Intellectual Property in E-Commerce and Online Business
Electronic commerce or business involving buying and selling of goods through computer networks has become a fundamental component of the electronic commerce. The websites themselves contain all sorts of IP, starting with the copyright in the website and content up to the trademarks in logos and brand names. The software that lies at the heart of these websites can also be well protected through copyrights and patents; algorithms and source codes are shielded with trade secrets.
To online businesses, it’s not just about the concept of protecting an invention but is equivalent to finding another weapon to use against competitors. Due to infringement, firms perform copyright, patents or trademarks on website elements to safeguard prospects of permanent functionality and against theft and unfair competition. If the IP protections are not in place, companies are very vulnerable to competitors stealing their content or products with little or no reciprocation to the owners.
Branding and Domain Names: The Online Identity Crisis
Well, truth consciousness in the era where the buying public engages in business transactions through the internet platform without physically interacting with the business organisations or individuals, is not easy to build. This is where branding, as well as domain name registration, become parts of e-commerce strategy. A company’s identity, its logos, mottos, and product names is best safeguarded through trademarks so awareness is well created on the market.
Trademark or otherwise known as the internet names of enterprise’s functioning as identifiers of its online analogue can also be protected by IP legislation. However, companies needs to avoid any conflicts of their domain names from the existing trademark mainly due to the conflicts resulting into legal complications or losses of business reputation.
Intellectual Property Litigation: Website Protection
Websites are multi-layered that can comprise of many technical aspects such as graphics, data structure, algorithms and source codes; all of which can be protected by IP laws. For example, mechanisms involved in search engine can be patented and, in the case of databases, such rights might be of the type dependent on contents and structure of particular database. Since the featured elements of these websites belong to the commercial entities, proper protection of these features is significant to safeguard business from competitors or potential hackers.
Web site owners are urged to prominently mark their IP rights, for example by using symbols such as TM or SM, copyright and patent data. It also warns the users that the content is protected, and further attempt to copy the content will result in litigation.
Overcoming some concerns that Intellectual Property hold in Web Linking, Framing, Meta Tags
Connecting links and Establishing links & frames, Meta tags in fact remain key facilitators in the textual environment of the World Wide Web, yet remain sources of IP issues. For example, links may take customers to sites with copyright or other protected materials or use another company’s logo on the website. Linking or framing by means of which content of one website is loaded into another website infringes the rights of the author and can deceive a user. Likewise, the linking of its trademark to that of a competitor or using competitors’ trademarks and logos in meta tags in order to boost its search engine ranking, is regarded as unlawful and as an infringement of trademark or unfair competition.
How to Spot Online IP Violations
Due to the availability of Internet all over the world, it becomes convenient for the violators to infringe upon patents of businesses but there is always a way to find out whether your content is being used inappropriately. Also the so-called ‘fingerprints’ and ‘spider programs’ which reflect web-sites or individuals who distribute or copy particular materials without authority or without paying royalties are helpful while using the possibility of planned random searches with the aid of such programs as Google.
Conclusion: IP in the New Economy
It is also important to note that as the shift to the digital economy proceeds, protecting intellectual property is still one of the chief means of fostering new development and advancing international commerce. By making use of contemporary technologies, for instance, copying, downloading and electronic transfer, unauthorised persons access materials that were initially protected by the IPR legal frameworks with the business having to spend a lot to protect their rights.
Thus, the need to have strong laws nationally and independently to fight IP rights to ensure no formation of unfair business practices and competitiveness in the digital economy. For instance, Madrid system is a system that assist firms to protect their trademarks across the diverse countries hence could be of great help to those firms who are in the process of globalisation. While enforcing and improving the standards of IP protection, we create a better and protected economy in the Internet space for all innovative businesses and consumers.
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