PROTECTING DIGITAL INNOVATION: A COMPARATIVE ANALYSIS OF INTERNATIONAL AND INDIAN INTELLECTUAL PROPERTY LAWS

ILE Competition and Company Law Journal

PROTECTING DIGITAL INNOVATION: A COMPARATIVE ANALYSIS OF INTERNATIONAL AND INDIAN INTELLECTUAL PROPERTY LAWS

AUTHOR – BHAGYAMMA G, PH.D. SCHOLAR (LAW) DEPARTMENT OF STUDIES IN LAW, UNIVERSITY OF MYSORE AND ASSISTANT PROFESSOR, SARADA VILAS LAW COLLEGE, KRISHNAMURTHY PURAM, MYSORE, KARNATAKA, INDIA – 570004.

BEST CITATION – BHAGYAMMA G, PROTECTING DIGITAL INNOVATION: A COMPARATIVE ANALYSIS OF INTERNATIONAL AND INDIAN INTELLECTUAL PROPERTY LAWS, ILE COMPETITION AND COMPANY LAW JOURNAL, 1 (1) OF 2023, PG. 77-88, APIS – 3920-0028 | ISSN – 2583-8385.

Abstract

This paper provides an overview of the key concepts and significance of intellectual property, particularly in the context of international and Indian intellectual property laws. It begins by defining intellectual property as a set of intangible rights protecting creative and innovative works. These rights are crucial for incentivizing and rewarding creators and innovators across various domains. The primary motivation for protecting intellectual property is to stimulate progress in science, technology, arts, literature, and creativity by providing exclusive rights to creators. The potential consequences of inadequate intellectual property protection, including reduced incentives for investment in research and development, are outlined. The scope of intellectual property, as defined by international agreements and organizations such as the World Intellectual Property Organization (WIPO), encompasses a broad range of rights and creations, from literary and artistic works to inventions and industrial designs. The piece of work categorizes intellectual property into two main branches: copyright, covering creative works, and industrial property, including inventions and trademarks. It underscores the importance of international agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in setting global standards for IP protection. The legal perspective on property is also discussed, emphasizing the concept of property as an object over which ownership rights extend. This perspective is supported by relevant court cases, reinforcing the importance of intellectual property rights as a form of property.

Keywords: Intellectual Property, Comparative Analysis, International IP Laws, Indian IP Laws, Digital Innovation Protection