THE IMPACT OF EMERGING TECHNOLOGIES ON THE EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS

This article is written by Riya, an intern under Legal Vidhiya

Abstract

This paper explores the intricate relationship between emerging technologies and intellectual property rights (IPR), examining their impact on innovation, legal frameworks, and societal dynamics. Focusing on key technologies like artificial intelligence, blockchain, and biotechnology, it delves into case studies such as Uber vs. Waymo and Monsanto vs. Bowman to illustrate challenges and opportunities in IPR enforcement. Future directions suggest potential changes in patent, copyright, and trade secret laws to accommodate evolving technological landscapes. Ethical considerations, including privacy and algorithmic bias, are addressed alongside recommendations for policymakers, businesses, legal practitioners, and civil society. The abstract encapsulates the paper’s comprehensive analysis of how emerging technologies reshape IPR, emphasizing the need for adaptive responses to foster innovation while safeguarding public interests and ethical principles.

Keywords

Technology, Intellectual Property Rights, Evolution, Technology Governance.

Introduction

Emerging technologies refer to a wide range of innovations with the potential to disrupt industries, transform economies, and reshape societies significantly. These technologies are often cutting-edge advancements in the early stages of development or adoption but show great promise for future applications. Some examples of emerging technologies include artificial intelligence, which involves developing computer systems that can perform tasks typically requiring human intelligence. Blockchain is another distributed ledger technology that enables secure and transparent peer-to-peer transactions without intermediaries. 3D printing is a process that fabricates three-dimensional objects by depositing successive layers of material based on digital models. Biotechnology involves manipulating biological systems, organisms, and their components to develop new products, processes, or technologies. Emerging technologies drive innovation across industries, disrupt traditional business models, and open up new possibilities for addressing global challenges. They have unique legal, ethical, and societal implications that require careful consideration as they evolve and proliferate. Intellectual property rights (IPR) foster innovation, creativity, and economic growth in modern societies. They encourage innovation and creativity, promote economic growth and competitiveness, foster fair competition and market efficiency, and protect consumers and public interest. The importance of IPR is closely linked to the discussion of emerging technologies, as outlined in the overview of emerging technologies. Innovations such as artificial intelligence, blockchain, 3D printing, biotechnologies, and others drive significant advancements across various industries. However, the full potential of these emerging technologies relies heavily on protecting and enforcing IPR. Therefore, understanding the importance of IPR is essential in the context of technological innovation and its impact on society and the economy. This paper aims to delve into the impact of emerging technologies on the evolution of intellectual property rights. This paper provides valuable insights into the complex relationship between emerging technologies and intellectual property rights by focusing on various technologies and presenting case studies. It explores the challenges and opportunities presented by these technologies, as well as the regulatory responses. Through a thorough analysis of case studies, this research paper aims to contribute to the ongoing discourse surrounding the intersection of law, technology, and innovation.

Emerging Technologies Shaping IPR

Emerging technologies are profoundly shaping the landscape of intellectual property rights, presenting opportunities and challenges for protecting and enforcing intellectual assets. The intersection of emerging technologies and IPR is characterized by dynamic changes in traditional legal frameworks and the emergence of novel approaches to address new forms of intellectual property. Artificial intelligence is one of them. Artificial intelligence refers to developing an intelligent system capable of performing tasks that typically require cognitive skills, such as acquiring knowledge, problem-solving, and decision-making. The term artificial intelligence was coined by Joan McCarthy in 1956 at a conference[1]. AI is a broad field encompassing various aspects of different disciplines, including life science, statistic information technology, and computational technology. The introduction of artificial intelligence has sparked a revolution in biotechnological innovation. It brought numerous benefits for humans, including more accurate screening and diagnosis of medical conditions like cancer, improved drug development process depth analysis of big data, personalized medicine, and treatment strategies, and much more. AI and biotech are paying for further inventions and advancements in these fields. According to statistics, the pharmaceutical sector is expected to invest nearly 3 billion. Dollars 3 billion dollars in AI-based drug research by 2025. Additionally, 82% of industry experts believe the sector will continue digitalizing its process even after the COVID-19 pandemic.[2] AI has the potential to address various global issues and contribute to significant sustainable development goals.

Blockchain technology blockchain-based platforms offer decentralized solutions for managing and licensing digital content, enabling creators to assert control over their intellectual property and receive fair competition. Smart contracts and IPR enforcement. That executed on blockchain networks can automate mechanisms and fascinate transparent and tamper-proof transactions while reducing reliance on intermediaries. It can be used for proof of ownership and authenticity. Because it is a reliable means of establishing ownership and authenticity for digital assets, including intellectual property rights and combating counterfeiting and infringement. It is one of the frontier technologies that significantly affects how businesses operate while revolutionizing numerous innovations and creative ecosystems. It is in the interest of the intellectual property community to explore the implications of blockchain technology on IP and find suitable models for blockchain usage in the IP space[3].

Patentability of biotechnological inventions[4]– Advances in biotechnology, such as gene editing technologies like CRISPR-cas9,[5] raise complexity, and there are ethical and legal considerations regarding patentability, particularly concerning the manipulation of genetic material and living organisms. It is also used in ethical considerations and gene addicting because its innovations are far synthetical and seem to be careful consideration of ethical implications, including concerns related to consent, equity, and unintended consequences. IPR plays a significant role in data protection and privacy concerns in biotech research. Collecting and analyzing large-scale genomic data raised privacy concerns about unnecessary robust data protection measures to safeguard individuals’ sensitive information while facilitating scientific research and innovation. Genome editing is a group of technologies that allow scientists to change an organism. DNA, these technologies allow genetic material to be added, removed, or altered at particular locations in the genome. Several approaches to genome editing have been developed. A well-known one is called CRISPR-Cas9, and most of the changes introduced with genome editing are limited to somatic cells. And also isolated to specific tissues. Based on concerns about ethics and safety, germline cell editing is currently illegal in the United States and many other countries[6].

Overall, emerging technologies are reshaping traditional notions of intellectual property and associating adaptive responses from policymakers and legal practice. Businesses can effectively navigate the evolving landscape of intellectual property rights by embracing innovation and addressing associated challenges; stakeholders can harness the transformative potential of emerging technologies to drive sustainable growth and foster a culture of responsible innovation.

Case Study

Waymo v Uber: Self-driving technology and trade secrets[7]

In one of the most highly publicized trade secret misappropriation cases involving emerging technologies, Waymo and Uber recently settled a protracted legal battle. The case centered on the alleged theft of trade secrets related to autonomous vehicle technology, specifically Lidar technology, by Anthony Levandowski, a former engineer at Waymo who founded his own self-driving vehicle company, Otto, subsequently acquired by Uber. Lidar’s technology, at the heart of the dispute, is a critical component in enabling autonomous vehicles to navigate and detect obstacles. Waymo accused Uber of conspiring with Levandowski to acquire Otto and the purportedly stolen trade secrets, aiming to gain an advantage in the competitive race to develop self-driving cars. The lawsuit sought damages totaling $1.8 billion, reflecting the perceived value of the misappropriated technology. While ending the legal battle, the settlement agreement marks a significant outcome with broader implications for protecting intellectual property rights (IPR) in emerging technologies. Despite Waymo’s initial claim for substantial damages, the settlement ultimately amounted to approximately $244 million, representing a fraction of Uber’s equity.

This landmark case underscores the importance of robust IPR frameworks in safeguarding innovative technologies and preventing unauthorized use or exploitation. It highlights the challenges companies face in protecting their intellectual assets, particularly in rapidly evolving industries such as autonomous vehicles. The resolution of the case through a substantial settlement reflects the potential financial and reputational risks associated with trade secret misappropriation, serving as a deterrent to future infringements. Moreover, the case underscores the need for companies to implement rigorous measures to protect their trade secrets and proprietary information, including comprehensive employment agreements and internal policies. It also underscores the importance of due diligence in hiring practices, particularly in industries characterized by intense competition and rapid technological advancements. As technology advances and new industries emerge, the Waymo-Uber settlement is a cautionary tale for companies operating in innovation-driven sectors. It emphasizes the importance of proactive risk management strategies and the role of legal expertise in navigating complex intellectual property disputes. As Butzel Long, a leading law firm in Detroit, continues to demonstrate, staying ahead of the legal landscape and understanding the intricacies of IPR in the context of emerging technologies is essential for protecting companies’ interests and fostering innovation.

Monsanto vs Bowman: Biotechnology and patent infringement[8]

The Supreme Court’s decision in Bowman v. Monsanto Co. (Case No. 11-796) underscores the importance of protecting intellectual property rights (IPR) in the context of emerging technologies, particularly agricultural biotechnology. The case centered on Monsanto’s patented Roundup Ready soybeans, genetically modified to resist glyphosate herbicide, and the unauthorized reproduction of these patented seeds by farmer Vernon Bowman. Bowman’s practice of purchasing cheaper “bin-run soybeans” from a grain elevator, which likely contained Roundup Ready seeds due to cross-contamination, and replanting them for subsequent harvests led to a lawsuit by Monsanto for patent infringement. Bowman argued the defense of patent exhaustion, claiming the right to use and resell the patented seeds after the first purchase. However, the Supreme Court rejected this defense, affirming that patent exhaustion does not permit the purchaser to make new copies of the patented product without the patent holder’s permission. The Court’s decision has significant implications for protecting intellectual property in emerging technologies, particularly in biotechnology. It clarifies that patent rights extend to naturally self-replicating technologies, such as genetically modified seeds, preventing unauthorized reproduction by purchasers. This ruling clarifies the application of patent law in cases involving emerging technologies with self-replicating properties, ensuring that inventors maintain control over their innovations and are incentivized to continue investing in research and development. While the decision in Bowman v. Monsanto Co. is narrow in scope, its implications for agricultural biotechnology and other emerging technologies are far-reaching. It highlights the importance of robust IPR frameworks in fostering innovation and protecting intellectual assets in rapidly evolving industries. By affirming the rights of patent holders to control the replication of their inventions, the Court’s decision reinforces the value of intellectual property rights in driving technological advancement and economic growth.

Ethical Considerations and Societal Implications

Emerging technologies have raised concerns about privacy and data protection, particularly in biometrics, surveillance, and data analytics. Ethical frameworks and regulations may be developed to ensure the responsible use of personal data and mitigate risks of misuse or exploitation. Adopting emerging technologies should be accompanied by efforts to address digital divides and ensure equitable access to benefits and opportunities. This may involve policies to promote digital inclusion, address technological access disparities, and mitigate potential socioeconomic impacts. As AI algorithms play an increasingly significant role in decision-making processes, there will be a growing focus on addressing algorithmic bias, transparency, and accountability issues. Ethical guidelines and regulatory frameworks may be developed to promote fairness, accountability, and transparency in algorithmic systems. Developing and deploying emerging technologies should consider environmental sustainability and mitigate potential environmental impacts. This may involve promoting energy-efficient technologies, reducing electronic waste, and incorporating sustainable design and manufacturing principles.[9]

Recommendations for Stakeholders

Policymakers and regulators should take the initiative to anticipate and respond to the challenges and opportunities emerging technologies bring by enacting flexible and adaptive regulatory frameworks. Collaboration with industry stakeholders, academia, and civil society is crucial to developing informed and balanced policies that foster innovation while protecting public interests. Businesses should prioritize proactive intellectual property management strategies to protect their innovations and secure competitive advantages in the marketplace. This includes investing in intellectual property rights, implementing robust cybersecurity measures, and fostering a culture of innovation and ethics. Legal practitioners should keep themselves updated on developments in intellectual property law and emerging technologies to provide informed guidance and counsel to clients. This involves engaging in continuous education, leveraging technology tools for legal research and analysis, and advocating for legal reforms that promote innovation and fairness. Civil society organizations are critical in advocating for policies that balance innovation, ethics, and societal interests. They can raise awareness about the societal implications of emerging technologies, advocate for transparency and accountability in technology governance, and empower marginalized communities to participate in decision-making processes. In summary, the evolution of intellectual property rights in response to emerging technologies will be characterized by adaptation, innovation, and ethical considerations. By proactively addressing legal, ethical, and societal challenges, stakeholders can harness the transformative potential of emerging technologies while ensuring that innovation serves the collective interests of society.

Conclusion

The evolution of intellectual property rights (IPR) in response to emerging technologies represents a critical intersection of law, innovation, and societal progress. This paper highlights the transformative impact of technologies such as artificial intelligence, blockchain, and biotechnology on traditional notions of intellectual property, revealing both opportunities and challenges in their integration within existing legal frameworks. Case studies of Uber vs. Waymo and Monsanto vs. Bowman underscore the importance of robust IPR enforcement mechanisms in safeguarding innovation and preventing unauthorized use or exploitation of intellectual assets. These cases serve as reminders of the complexities involved in protecting intellectual property in rapidly evolving industries, necessitating proactive measures from businesses and policymakers. Looking ahead, the future directions outlined in this paper suggest the need for adaptive changes in patent, copyright, and trade secret laws to address the unique characteristics of emerging technologies. This includes updating eligibility criteria, strengthening enforcement mechanisms, and fostering greater harmonization across jurisdictions to facilitate global innovation. Moreover, ethical considerations and societal implications cannot be overlooked when pursuing technological advancement. As emerging technologies raise concerns about privacy, data protection, algorithmic bias, and environmental sustainability, stakeholders must prioritize ethical frameworks and regulatory measures to ensure responsible innovation that serves the collective interests of society. Recommendations for policymakers, businesses, legal practitioners, and civil society organizations emphasize the importance of collaboration, transparency, and proactive engagement in navigating the evolving landscape of intellectual property and emerging technologies. By working together to address legal, ethical, and societal challenges, stakeholders can harness the transformative potential of emerging technologies while safeguarding public interests and promoting fairness, accountability, and transparency in technology governance. In essence, the evolution of intellectual property rights in response to emerging technologies requires a multifaceted approach that balances innovation with ethical considerations and legal protections with societal interests. By embracing innovation responsibly and adapting to the dynamic nature of technology, stakeholders can shape a future where emerging technologies drive sustainable growth, foster innovation, and contribute to the betterment of society.

References

1. Racheal Adams ( Ashesi University), The Evolution Of Intellectual Property Rights in Digital Age, JOURNAL OF MODERN LAW & POLICY VOL.3 2023, https://www.researchgate.net/publication/376196784_The_Evolution_of_Intellectual_Property_Rights_in_the_Digital_Age.
2. 2.    Samvedna Singh (PhD student of UsoBT) & Dr. Shakti Sahi, Chairperson IPR Cell, Gautam Buddha University, Greater Noida, ARTIFICIAL INTELLIGENCE: SHAPING THE FUTURE OF INTELLECTUAL PROPERTY RIGHTS, https://www.researchgate.net/publication/374948022_ARTIFICIAL_INTELLIGENCE_SHAPING_THE_FUTURE_OF_INTELLECTUAL_PROPERTY_RIGHTS.
3. Stephen Miller, Computer Scientist Coined Artificial Intelligence, THE WALL STREET JOURNALhttps://www.wsj.com/articles/SB10001424052970203911804576653530510986612.
4. GLOBALDATA, https://www.globaldata.com/media/pharma/pharma-industrys-spending-artificial-intelligence-reach-3-billion-2025-says-globaldata (last visited Mar. 28, 2024).
5. WIPO, https://www.wipo.int/cws/en/blockchain-and-ip.html  (last visited Mar. 29, 2024).
6. IPINDIA.GOV.IN, https://ipindia.gov.in/writereaddata/Portal/IPOGuidelinesManuals/1_38_1_4-biotech-guidelines.p (last Mar. 29, 2024).
7. YOUR GENOME, https://www.yourgenome.org/theme/what-is-crispr-cas9/ (last visited Mar. 29, 2024).
8. MEDLINEPLUS, https://medlineplus.gov/genetics/understanding/genomicresearch/genomeediting/ (last visited Mar. 29, 2024).
9. https://www.butzel.com/alert-Waymo-v-Uber-Epic-Trade-Secret-Case-Involving-Autonomous-Vehicles-Settles-for-244-Million#:~:text=Despite%20its%20claimed%20damages%20of,in%20its%20self-driving%20cars
10. https://www.wipo.int/wipo_magazine/en/2013/03/article_0007.html#:~:text=In%20its%20decision%2C%20the%20Supreme,patent%20would%20provide%20little%20benefit

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[1] Stephen Miller, Computer Scientist Coined Artificial Intelligence, THE WALL STREET JOURNAL https://www.wsj.com/articles/SB10001424052970203911804576653530510986612.

[2] GLOBALDATA, https://www.globaldata.com/media/pharma/pharma-industrys-spending-artificial-intelligence-reach-3-billion-2025-says-globaldata (last visited Mar. 28, 2024).

[3]WIPO, https://www.wipo.int/cws/en/blockchain-and-ip.html  (last visited Mar. 29, 2024).

[4]  IPINDIA.GOV.IN, https://ipindia.gov.in/writereaddata/Portal/IPOGuidelinesManuals/1_38_1_4-biotech-guidelines.p (last Mar. 29, 2024).

[5] YOUR GENOME, https://www.yourgenome.org/theme/what-is-crispr-cas9/ (last visited Mar. 29, 2024).

[6] MEDLINEPLUS, https://medlineplus.gov/genetics/understanding/genomicresearch/genomeediting/ (last visited Mar. 29, 2024).

[7] Waymo LLC v. Uber Techs., Inc., No. C 17-00939 WHA (N.D. Cal. May. 11, 2017).

[8] Bowman v Monsanto Co., 569 U.S. 278 (2013).

[9] Samvedna Singh (PhD student of UsoBT) & Dr. Shakti Sahi, Chairperson IPR Cell, Gautam Buddha University, Greater Noida, ARTIFICIAL INTELLIGENCE: SHAPING THE FUTURE OF INTELLECTUAL PROPERTY RIGHTS, https://www.researchgate.net/publication/374948022_ARTIFICIAL_INTELLIGENCE_SHAPING_THE_FUTURE_OF_INTELLECTUAL_PROPERTY_RIGHTS.

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