Alliance Center for
Intellectual Property Rights
IMPACT OF EVOLVING DISRUPTIVE TECHNOLOGIES ON IPRs
August 15, 2023
* Mr. Vivek Kumar Gupta
INTRODUCTION
The fact-paced progress of technology has resulted in substantial transformations across multiple industries, particularly in the realm of intellectual property rights (IPR). Disruptive technologies like Internet of Things (IoT) and open-source software have introduced novel prospects and obstacles for policymakers and IPR holders.
Challenges of IoT and IPR refers to the interconnection of everyday objects through the internet, enabling them to send and receive data. The adoption of IoT devices on a large scale has brought about multiple IPR challenges, despite the potential of this technology to revolutionize various industries such as healthcare and agriculture.
The intricate structure of IoT devices, involving several components and technologies, poses difficulties in determining the scope of IPR protection. A single IoT device could contain multiple patented technologies, copyrighted software, and trademarked designs, causing overlapping IPR claims and disputes over infringement. This complexity also creates challenges in licensing and cross-licensing arrangements.
The extensive data generated by IoT devices raises concerns about data privacy and ownership. While data can be considered an intangible asset, it isn't explicitly protected under traditional IPR frameworks, causing confusion about data ownership and how it can be used, shared, or monetized. Additionally, the global nature of IoT networks presents jurisdictional difficulties in enforcing IPR laws. Since IoT devices can transmit data across borders, it is challenging to determine which country's IPR regulations apply in case of infringement. These challenges emphasize the necessity of internationally harmonized IPR regulations that can address the unique challenges presented by IoT technologies.
Accordingly, open-source software (OSS) refers to software whose source code is made available to the public, allowing anyone to view, modify, and distribute it. OSS has gained popularity due to its collaborative nature, which fosters innovation and accelerates technological development. However, the widespread adoption of OSS has implications for IPR protection.
It presents a departure from the conventional intellectual property rights (IPR) models since it encourages knowledge and resource-sharing instead of limiting access through exclusive rights. This approach promotes an open and cooperative innovation environment, which could ultimately have advantages for society as a whole.
In addition, it can serve as a supplement to IPR protection by providing alternative licensing approaches that consider the needs of both creators and users. One such example is the General Public License (GPL), which permits developers to retain the copyright to their software while allowing users to use, modify, and distribute it. This approach motivates innovation by allowing developers to enhance existing OSS while simultaneously safeguarding their intellectual property rights.
CONCLUSION
The emergence of disruptive technologies such as IoT and open-source software has considerably influenced the IPR environment, presenting both advantages and difficulties for policymakers and IPR holders. It is vital to create flexible IPR frameworks that can account for the distinctive features of these technologies while encouraging innovation and preserving the rights of creators. This may involve re-evaluating conventional IPR models, encouraging global collaboration, and embracing alternative licensing methods that achieve a balance between accessibility and protection.
REFERENCES:
- Muhammad Noaman, Muhammad Sohail Khan, Challenges in Integration of Heterogeneous Internet of Things, 2022 SCIENT. PROG 1, 14 (2022).
- AMIR HOSSEIN, DYNAMIC CAPABILITIES AND PROJECT CHARACTERISTICS CONTRIBUTING TO THE SUCCESS OF OPEN SOURCE SOFTWARE PROJECTS 24 (UNSW SYDNEY 2011).
Author:
* Mr. Vivek Kumar Gupta
Student, Indore Institute of Law, Indore.
Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.