Student's Pen: EMERGING ISSUES IN THE IP REGULATION, AND FUTURE DIRECTIONS

INTELLECTUAL PROPERTY RIGHTS: CURRENT ISSUES AND FUTURE DIRECTIONS

ABSTRACT:

This article discusses that intellectual property rights are being altered due to the advancement of new technology, mainly artificial intelligence. Important issues include who owns AI-generated content, SEPs, and digital piracy. All these require changes toward better laws and the management of the whole process with a sense of ethics.

INTRODUCTION:-

IPR is fundamental to the safeguarding and conservation of individual and collective creativity and innovation. In the approach towards 2025, many contemporary issues considerably shape the IPR landscape solely based on the relationship between technology, legal rule-making, and social needs that continue to evolve. The article attempts to look at these contemporary challenges with a focus on the implications of AI, the challenges about SEPs, and the emerging altered legal sceneries transpiring across the multiple jurisdictions around the world.[1]

THE INTERPLAY BETWEEN AI AND INTELLECTUAL PROPERTY:-

AI impact on copyright and patent

Artificial intelligence research has evolved significantly, and in this regard, the question whether traditional intellectual property laws are applicable has been subject to debate.The question of whether products of artificial intelligence are original or derivative is very complex. On the other hand, organizations are using AI to produce content. Legislative bodies need to find a balance between innovation and protecting intellectual property rights[2]. In 2024, the UK Government published a consultation that amended the Copyright Act in an effort to solve the problems triggered by the emergence of artificial intelligence. One of the main recommendations included a new exception for text and data mining for better information. Most states are reviewing amendments to their intellectual property laws. They are modifying legal frameworks to address the challenges that result from the fast growth of artificial intelligence.

Regulatory Oversight and Ethical Implications

The need for ethical governance frameworks arises as AI technologies become well-integrated within various sectors. A company using AI will have to navigate this complex regulatory environment where it has to be transparent about all the IP-protected materials it handles. There is a challenge to create regulations that innovate and do not compromise creator rights.[3]

STANDARD ESSENTIAL PATENTS (SEPS) AND LICENSING CONTROVERSIES:

Contemporary Overview of SEP Licensing:

The standard essential patents in the telecommunication world are essential for interoperability. FRAND licensing terms have raised debate and litigation. In 2025 the UK's Intellectual Property Office will discuss the policy changes. The SEP litigation based on their regulation will be drafted by the European Commission to a significant context.[4]

STANDARD ESSENTIAL PATENTS AND LICENSING DISPUTES:-

The draft regulation for the European Commission focuses on addressing the issues in Standard Essential Patents (SEPs) within telecommunication, more so in the UK. A unified licensing system will help secure patent holders as well as those implementing the technologies, henceforth reducing the litigation on the question of Fair, Reasonable and Non-Discriminatory.

EVOLVING LEGAL FRAMEWORKS: A GLOBAL PERSPECTIVE:-

Britain and United States used a liberal approach.

The UK's recent IPR consultations well reflect the mainstream trend of a reform in an IP law meeting the challenges set by the present world. Under the reforms would be updating computer-generated works-related copyright protections; text and data mining provisions enhancing the same reforms would create environments that fostered innovation while they protected the creator's rights at the same time.[5]

India's Intellectual Property Rights

India has been very robust in developing its IPR framework since the advent of the National IPR Policy in 2016. The country also performed well in the Global Innovation Index ranking, showing commitment to creating an environment conducive to creativity and innovation. Challenges still lie, however, in the enforcement mechanisms of counterfeiting and piracy.

India's approach balances public interest with IP protections, especially in the case of access to essential medicines. The ethical implication of patenting pharmaceuticals raises challenges of affordability and accessibility for the low-income population. These will be critical in addressing these kind of issues as our India strives to become the global manufacturing hub by 2047.[6]

DIGITAL PIRACY AND COPYRIGHT INFRINGEMENT:

With this digital age came new challenges, such as piracy and copyright infringement on the internet. Content owners face significant difficulties in enforcing rights against unauthorized use of their work across various platforms. Governments all over the world are responding with improvements in the legal framework, among other things, and increasing the penalties for violation.

New technologies versus indigenous knowledge and understanding.

With advancing technology comes the advancement of challenges surrounding the protection of traditional knowledge and cultural expressions. Current intellectual property laws cannot adequately recognize indigenous communities whose cultural heritage is exploited for a myriad of purposes. Developing frameworks that respect the rights, advancing innovation but at the same time also spurring progress would be important in the cultivation of an inclusive approach to intellectual property rights.

CONCLUSION AND SUGGESTIONS:

Recommendations for Policy

Intellectual property rights (IPR) in the digital age are bound to change significantly due to technological developments, changes in the regulatory environment, and societal needs. The integration of AI into creative work raises interesting questions about ownership and copyright, thus necessitating a review of the existing IP laws. Countries like New Zealand and Thailand are actively working on legal changes to accommodate AI-generated content. The rights of innovators have to be respected with clear licensing terms for fair access. Digital piracy is one challenge that needs more effective enforcement mechanisms. The traditional knowledge rights of indigenous communities also need proper protection. Governments, businesses, and civil society together will only be able to create a sustainable future for IPR in 2025 by fostering innovation and respecting creators' rights.

CITATIONS :-

[1] AI trends for 2025: IP protection and enforcement. https://www.dentons.com/en/insights/articles/2025/january/10/ai-trends-for-2025-ip-protection-and-enforcement

2 Ercoli L. AI Act and Intellectual Property rights: the EU’s new regulation is in force. Published August 1, 2024. https://www.sib.it/en/flash-news/the-eus-ai-act-is-in-force-how-does-it-deal-with-the-protection-of-intellectual-property-rights/

3 AI for Impact. https://aiforimpacttoolkit.gsma.com/responsible-ai/governance-model-for-ethical-ai

4 Standard Essential Patent Landscape in India – Part 1. IP Helpdesk. https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/standard-essential-patent-landscape-india-part-1-2024-01-04_en. Published January 4, 2024.

5 Linklaters LLP. UK Government proposes copyright and AI reform mirroring EU approach. Linklaters LLP. https://www.linklaters.com/en/insights/blogs/digilinks/2025/january/uk-government-proposes-copyright-and-ai-reform-mirroring-eu-approach

6 Ravi V&. National IPR Policy 2016. Vajiram & Ravi. Published January 2, 2025. https://vajiramandravi.com/quest-upsc-notes/national-intellectual-property-rights-policy/

[1] AI trends for 2025: IP protection and enforcement. https://www.dentons.com/en/insights/articles/2025/january/10/ai-trends-for-2025-ip-protection-and-enforcement

[2] Ercoli L. AI Act and Intellectual Property rights: the EU’s new regulation is in force. Published August 1, 2024. https://www.sib.it/en/flash-news/the-eus-ai-act-is-in-force-how-does-it-deal-with-the-protection-of-intellectual-property-rights/

[3] AI for Impact. https://aiforimpacttoolkit.gsma.com/responsible-ai/governance-model-for-ethical-ai

[4] Standard Essential Patent Landscape in India – Part 1. IP Helpdesk. https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/standard-essential-patent-landscape-india-part-1-2024-01-04_en. Published January 4, 2024.

[5] Linklaters LLP. UK Government proposes copyright and AI reform mirroring EU approach. Linklaters LLP. https://www.linklaters.com/en/insights/blogs/digilinks/2025/january/uk-government-proposes-copyright-and-ai-reform-mirroring-eu-approach

[6] Ravi V&. National IPR Policy 2016. Vajiram & Ravi. Published January 2, 2025. https://vajiramandravi.com/quest-upsc-notes/national-intellectual-property-rights-policy/