INTRODUCTION
With the current advancement in technology and the growth of the internet, it is important to safeguard your inventions/IPs online. In the case of the new business, creations, and innovations in India, the Internet creates continuity and the opportunity to reach a broader public. But this also exposes the risk of IP theft, misuse, and due infringements. One must learn how to safeguard himself or herself in the World Wide Web as regards innovations when you are attempting to maintain the advantage of the work to remain solely yours. Scrolling down, this blog will discuss more on the available strategies and legal provisions for IP protection online in India.
UNDERSTANDING INTELLECTUAL PROPERTY RIGHTS
In India, the protection of the IPR is controlled by different statutes and, therefore, comprises the Copyright Act, Trademarks Act, Patents Act, and the Designs Act.[1] These laws help creators and innovators by giving them legal rights and claiming that no one is allowed to replicate or distribute their products through unlawful means. It is crucial to understand the different types of intellectual property rights and how they can be protected online:
Literary, artistic, musical, and dramatic Works, Software, and databases are originals that are copyright protected. The ownership of a copyright in India vests automatically as soon as the work is created but to hold a record in public it is wise to obtain a copyright.
Trademark is very important for brands, logos as well as slogans since they guard these possessions. Registering a trademark helps to obtain permission to use the mark regarding certain goods or services and protect oneself from others’ improper use of your company’s name.
A patent is an area of law that specifically deals with inventions and innovations and allocates the sole rights of manufacturing, utilizing, or selling the invention to the inventor. New and non-obvious and capable of being industrially exploited is something required of any invention before it gets a patent in India.
Trademark protection preserves the shape and decoration of the goods, to prevent copying or duplication. Registering a design gives the creator a legal right that enshrines that he or she owns the design that nobody has the right to duplicate.
MEASURES TO TAKE WHEN INVESTING ONLINE
Guideline on protecting your identity online aims to ensure your inventions and ideas are safe from people with bad intentions of using them.[2] Here are some essential steps to protect your intellectual property online in India:
- The first and most important step in the protection of IP is its registration The registration of the IP. This gives it recognition from the official body and helps in enforcing the rights in case the law is broken.
- Submit the patent application with the Indian Patent Office. A patent is issued to you as a form of legal recognition of your invention for 20 years from the date of filing.
Your trademark should be registered with the Trademark Registry. This tends to grant you the full right on the usage of the mark about the registered goods or services.
Copyright arises as soon as the work is created; however, registering the work with the copyright office helps one to provide proof of ownership. To guard the ‘look and feel’ of your product, it is advised to register the design at the Designs Office.
Monitoring the internet also means that one should constantly search the internet to check whether there is any unauthorized use of the IP. This can be done through:
- To conduct the search, one only needs to enter the keywords into the search engines to look for copies of the content or products.
- Monitor your trademark or copyrighted material on the various social media platforms for any misuse.
- Go through the online markets to make sure that fake products have not been produced by some individuals.
- It is also noteworthy that there are also other additional services and programs that can be used to intensify the work on monitoring.
Employ the use of Digital Rights Management (DRM), technologies to assist keep a check on the utilization of digital assets. These technologies can help in discouraging such events as copying, sharing, and downloading of your work in digital formats. Music, videos, e-books, and software can benefit from the use of DRM.
Enforce Watermarking and Metadata this is a technique of placing a face or inscription either visible or concealed on intellectual work. It can prevent those who infringe the copyrights and assist in the tracking of the copied items. Metadata also helps to contain info about the owner and the use terms, which will help in proving ownership and detecting piracy.
Act on your rights if you find out that your IP has been violated online, it is good to act as soon as possible. Send Cease and Desist Notices: Inform the infringer that they are not allowed to use the patented item or the copyrighted work, etc.
- The majority of the web-based systems including social media platforms, and online selling forums, have policy measures to deal with violations of the IP.
- If needed, sue the infringer in court for violation of the copyright. Although CAL has given civil and criminal legal recourse to the owners of IP, relief in the form of injunction, damages, or penalty can be availed.
To prevent leakage, inform your employees and partners so that everyone in your organization can appreciate the need for IP protection and its prevention measures. It is therefore important to ensure that training is continuous; the organisation has well-archetype policies that would Curt internal leaks and misuse of the information.
When dealing with the third party involve contracts and agreements and ensure that proper contracts and agreements are used especially on ownership and usage of IP. A licensing agreement, a non-disclosure agreement, and work-for-hire contracts are significant when protecting your IP rights.
INVESTING IN IP ONLINE PROTECTION
Owing to the increase in digital technology, the protection of IP online has become very difficult but equally very important.[3] Anyone can access the internet and that is why any infringement has the potential of going viral thus damaging the Image and revenue of the IP owner.
- Prevents piracy of your work or people using your work without credits or permission.
- Prevents other competitors from gaining some sort of advantage over your own innovations or what you have created.
- They help prevent the firm from incurring a loss due to the sale of pirated copies or fake products.
- Preserve the quality of your brand and the worth of it in the market.
LEGAL BACKDROP OF PROTECTION OF IPS IN INDIA
India follows a good intellectual property law system that conforms with international IP norms such as TRIPS. The key legislations include:[4]
- The Patents Act 1970: Regulates the patent rights and their protection.[5]
- The Trademarks Act, 1999: Controls matters concerning registration of trademarks and cases of trademark infringement.[6]
- The Copyright Act, 1957: Focuses on the issues of copyright and legal measures for violation of the same.[7]
- The Designs Act, 2000: Concerns itself with the registration and protection of industrial designs.[8]
- The Information Technology Act 2000: Depicts issues of cybercrime such as IP infringement that occurs on the World Wide Web.[9]
CHALLENGES IN PROTECTING IP ONLINE
Looking at the prospects for protection of intellectual property rights on the Internet one can discern certain difficulties.[10]
Concerning the IP defence in cyberspace in India, the following challenges are evident. Jurisdiction is one of them; due to the geographical use and existence of the Internet it becomes difficult for different countries with different legal systems to enforce the rights in respect of I.P. This is coupled with the fact that infringers can easily hide behind the Internet topography and therefore cannot be easily arrested. Also, due to the shareable nature of digital content, it is easier for once-syndicated unlawful material to be propagated in various channels, making it difficult to efficiently track all originating and subsequent copies. The expenses concerning the identification of infringement over the internet and legal actions against the violators are high in general since they may involve a lot of time. Even though India has a strong legislature on the protection of IP, these challenges, make the protection of IP online a herculean task for creators and businesses in India.
CONCLUSION
The need to protect and secure your IPR in cyberspace in India is important to shield the creative work or innovative ideas you have come up with against misuse or unauthorized use by other people. Knowing the different internationally recognized categories of intellectual property, applying prevention measures, and asserting one’s rights would make it possible for individuals to safeguard their creations in the online space. To secure your I.P., it is essential to always perform periodic checkups, watermark your stuff, and employ DRM; ensure data security at the same time, keep track of your internet presence, and assert yourself to protect your property. Be alert, be aware, and always try to protect your ideas in the context of technology.
“IP is the money of the 21st century; guard it diligently and creatively”.
Following the laid down guidelines and structure, this blog post presents extensive information and strategies on the ways of protecting inventions in the cyberspace of India and thus provides readers with the knowledge to protect their creations.
Author(s) Name: Priyal Saxena (NMIMS)
Reference(s):
[1] ‘Copyright Office’ (copyright.gov.in) <https://copyright.gov.in/> accessed 10 June 2024
[2] ‘Official Website of Intellectual Property India’ (Ipindia.gov.in, 2015) <https://ipindia.gov.in/> accessed 10 June 2024
[3] ‘Why Need for Effective IP Protection in Digital Space Is Critical’ The Economic Times <https://economictimes.indiatimes.com/small-biz/sme-sector/why-need-for-effective-ip-protection-in-digital-space-is-critical/articleshow/106466178.cms?from=mdr> accessed 15 June 2024
[4] ‘Intellectual Property Laws in India – IndiaFilings’ (India Filings) <https://www.indiafilings.com/learn/intellectual-property-laws-in-india/#:~:text=Intellectual%20properties%20rights%20in%20India> accessed 15 June 2024
[5] The Patents Act 1970
[6] ‘Acts | Trade Marks | Intellectual Property India’ (Ipindia.gov.in2013) <https://ipindia.gov.in/acts-rules-tm.htm>.
[7] THE COPYRIGHT ACT 1957
[8] The Designs Act 2000
[9] Information Technology Act 2000
[10] Samridhi Chauradiya, ‘Challenges for Intellectual Property Rights Protection in CyberSpace’ (2024) Manupatra <https://articles.manupatra.com/article-details/Challenges-for-Intellectual-Property-Rights-Protection-in-CyberSpace> accessed 18 June 2024
