Intellectual Property Beyond Protection: Monetization, Strategy, and Policy in the Digital Age

ABSTRACT:

The evolution of Intellectual property is a legal tool for providing innovativeness, positive competition and even value of companies to bring change to the digital economy. This paper looks at how digital assets and especially ones related to technology, telecommunications, artificial intelligence and even blockchain technologies are used in IP for monetization discoveries especially through branding, data sharing, licensing or even advertising, where IP provides the protection to such assets. Ownership under the IP model has changed drastically in the digital economy, with a lot more intangible assets rather like software developing, technologies, internet and designs contribute to large financial gains in the economy. This paper evaluates whether existing IP laws and enforcement procedures effectively support IP commercialization in the digital age using doctrinal and analytical methodologies. By fusing intellectual property with business developments and digital markets, the findings seek to identify framework and regulatory gaps, adapt to better practices, and make policy suggestions that would encourage IP growth and regulation in India.

INTRODUCTION:

• Intellectual Property Rights emerged with the ability to protect creator’s rights of quantifiable innovations or even brand identifiers. However, due to evolving technologies, the practical use of IPR has changed. The early protection of ownership rights arose from authors of books, or new inventions or even company logos, where these were the target assets that were to be protected, but with the evolving economy giving birth to digital economies, immaterial assets such as software designs, codes, data have flourished. The significance of the study of Intellectual Property rights is reliant on the legal frameworks related to IPR and the digital technology’s effect on international economies. [1]IPR does not just encourage new innovations but its framework also protects ownership rights carve way for new technologies like Artificial Intelligence (AI), blockchain and various other digital technologies. Due to just intangible assets being targeted by IPR, enforcing IPR framework has become difficult. The jurisdiction of a country’s IP laws was confined to one’s own country at traditional times, but now much like digital piracy, due to the growth of internet and variables in digital properties, IP has now expanded across borders. One of the main contributors to IPR in the digital era is the telecommunications industry where songs, films, originally copyrighted will be played in other countries without permission from the IP owner. Various digital platforms such as social media and e-commerce networks have enabled digital economy to be globalised but this also paves way for the illegal use of intellectual property, giving rise to fears on intellectual property exploitation on a wider scale. [2]
• ROLE OF IPR IN THE DIGITAL ERA:

The main role of IPR in the digital age is that of promoting innovations, by defending the rights of such content creators and easing of international trade between nations. It also brings about an edge into competition between businesses by giving ownership rights to the creators, and therefore encouraging innovation which is the driving force for the growth of any economy. Many creators make money off their creations, especially in case of the pharmaceutical sector where patented drugs need to be bought from the nation which created the drug, which is especially effective in case of an emergency like COVID 19. IPR acts as the foundation for various Information Technology and AI sectors, where in case of any innovation, IPR guarantees that such innovation will be protected from being copied by any other entity. The internet has made it possible that creations, no matter in which corner of the world, can reach every person, be it music or games. This has brought about the threat of digital piracy and led to the extensive copyright infringement of content. Illegal use and distribution of property, and copying of digital content can be hard to track is why intellectual property rights is necessary to protect the rights of owners against such exploitations. Newer technological tools such as the digital rights management are brought upon by companies to ensure copying and infringing of IPR is minimal. The borderless digital marketplace created by the internet enables businesses to now reach and expand their business worldwide, hence intellectual property rights are crucial for businesses and artists to protect their creations irrespective of where they are used. Some of the naturally monopolizing companies in the digital market such as Amazon have enabled the way for ample counterfeit products to be formed through the prevalent use of social media, making international cooperation necessary to enforce international intellectual property rights such as WIPO, and the TRIPS agreement.

LITERATURE REVIEW:

1. ENFORCEMENT AND NEW FORMS OF INFRINGEMENT:

The process of enforcing IPR framework becomes difficult due to the disparity in the IP law between nations. The WIPO, TRIPS agreement and Berne Convention offer frameworks, but ineffective when combating exploitation of IPR globally due to distinction in domestic laws, different enforcement strategies and working of legal systems. Social media networks and e-commerce websites are the means through which pirated or sometimes even counterfeit products are sold or distributed. The quantity of such products makes it difficult for IP laws to be enforced effectively. IPR violations are no longer constricted by borders with the innovation of internet and its wide use in infringement of IP rights. Seeking consistent protection of intellectual property can be difficult for creators with the sheer number of copies and counterfeits that are created, where due to disparities in domestic laws, enforcement of international treaties like the TRIPS agreement becomes problematic, addressing one of the biggest problems in the intellectual property rights worldwide. [3]

Emerging technologies such as Artificial intelligence, blockchain and 3D printing has caused problems in enforcing IPR. Particularly AI, notorious for its conventional ideas of ownership and authorship, making it difficult to understand. The idea of ownership in AI is one of the most questioned concepts of digital economy. Any work created by AI, who does the ownership lie with, the user of the saif AI or the creator of the AI technology. Blockchain technology which enables data storage has established the risk of enforcing IPR, where it is harder to stop the illegal use of digital assets, since it is based on peer-to-peer transactions, rather than a centralized control, since blockchain technology is the decentralized storage of data. The emerging ways to infringe intellectual property rights and the way forward for new innovations has been brought about by emerging technologies in the digital era. Whilst blockchain, 3D printing, and Internet of things (IoT) have caused revolution of technologies, it has also posed great difficulties in enforcing intellectual property laws. For instance, AI can produce literary, musical or even any kind of artist creations than can also be man-made, but can be “done better” by AI, this in case raises questions about the ownership of such created intellectual properties. 3D printing has brought about not just digital copying of IP protected products but even physical copies of such innovations, causing new forms of infringement, that makes intellectual property systems hard to implement newer frameworks on such IP violations and difficult for current IP laws to address. This in turn brings about the idea od amending and implementing newer framework to combat such conventional ideas of copying created by the evolving digital economy.

2. PUBLIC ACCESS AND PRIVATE PROTECTION:

To address the debate of public access for knowledge but also private protection of intellectual properties, we first need to understand why people give intellectual properties for public access. The main reason being to spread information since it isn’t always a very private invention that needs to be copyrighted or patented, sometimes its even subjects that the public needs information on, and the protection of such information or knowledge is to prevent the copying of such knowledge by another person, it gives rights to owner of such knowledge, being the one who provided it, founded it or even invented it. Safeguarding such intellectual property or providing it for public access proves to be difficult in the digital age. The main problems with such intellectual properties arise when vital information is concealed from the public like scientific inventions or discoveries or research, and even for life-saving medications. The popular debate arose when life-saving drugs were made unaffordable to other nations due to the high patent costs, which took a major toll on developing nations, posing questions for the morality in IPR protection of such medications.[4] The strike of balance between public access of knowledge and cultural products and the private protection of creators seems to be unbecoming. Primarily they grant owners and creators sole proprietary rights over their creations making it vital to prevent any copies of original products, promoting innovation, newer creations and economic growth.  The current IP laws are being proven incompetent to keep up with the ongoing trends and are hence unenforceable in case of any digital economies like AI.

3. INDIA’S NATIONAL IPR:

Amongst major developing countries, India happens to be one of the most challenging when it comes to protection and enforcement of intellectual property rights. Many recent efforts have been taken towards this but any significant development is yet to be seen in the IP arena in India. The reformation of the Indian laws to keep up with the evolving IP problems have been insufficient in comparison to the sheer number of newer innovations, this is one of the main reasons that India to this day remains on the USTR’s Special 301 report’s Priority watch list. [5]The first step taken by India to address the framework for IPR was by introducing the National IPR policy back in 2016, and now patents, trademarks, copyrights, GI and other IP fall under the DPIIT (Department for Promotion of Industry and Internal Trade), where they are tasked with implementing the IPR policy in India and also streamlining all IP processes. The US-India trade policy forum is the engagement of the US government with India on IPR issues. The Indian framework for intellectual properties is vast in prospect but due to its rigid procedural working, uncertainty about accountability is created by the owners and industries. The pharmaceutical and agrochemical industry is protected under Indian Ip laws but the illegal commercial use of such products is not protected in contrary to the same in US. The IPR policy in India is aimed at promoting better innovations and overall developing IPR, where it protects all arenas of IPR from villages to educational and research institutions, for increased creation and utility of IPR. After the announcement of the National IPR policy, 2016 in India, there has been a sudden increase in patent filings, especially given that this was mainly driven by COVID 19 and need for FDA approval of patented drugs in US and the high patent costs which made the life-saving drugs unaffordable by a developing country like India.[6] But such policies bring about newer problems like slower pace of implementation of the policy all through India, with many initiatives yet to be implemented and stuck in the planning stage. [7]

• GERMANY:

The unified IPR framework in Germany is different from that of India which tends to include multiple frameworks for different types of IPR like the Patents Act, Copyright Act and the Trademarks Act. German has one unified domestic law called the German Patent Act which governs all IP laws in the country and even the implementation and enforceability of the law. The Indian patent requirement for a medication is that it must be a newer innovation, none seen before, and it should be a non-obvious medicine and must be industrially applicable. This same is not seen in Germany where patents are granted for any newer innovation, and it need not all the requirements like in India. The duration for a copyright protection in Germany is longer than compared to that of India. Germany provides copyright protection for the life of the creator, and added 70 years to that after their demise whereas India provides protection for the life of the author and an added 60 years after their death. [8]Germany is well known for its well protected trademark system, providing strong protection to well-known trademarks and provides a platform for proper registration and protection of these trademarks. India on the other hand has a less comprehensive trademarks protection system, where it’s not as developed and the unregistered trademarks are not protected well and are subject to certain limitations.  Geographical indications in Germany have a strong framework for protection against unlawful use. The EU’s GI registration system includes various German properties like wine, beer and other food products. In distinction the Indian GI system is developing and facing various questions and challenges but has seen significant advancement in the recent years.

4. DIGITAL IP RIGHTS IN SINGAPORE:

With the swift transformation of digital economy, encouraging innovations has also brought abut new opportunities for companies and businesses, focusing on the IP sector. With the growth of virtual assets, digital markets and online network platforms, the pull towards the requirement of IP protection has drastically increased. The European Union-Singapore Digital Partnership (EUSDP) has contributed to the rapid development in digital cooperation where technological advancements inversely create various other challenges of IP infringement and hence IP becomes a crucial driving factor for economic growth of Singapore in the global market. Hence, the European Union needs to be aware of the dangers of IP and must develop methods to combat any IP infringement to maximise economic output in Singapore. The direct incorporation of technology in business activities affects the working of the company’s model and how consumers approach the idea of providing goods or service.[9] The main driving force in a digital economy would be to target the online market which connects globally, and this also brings about new challenges in the world of IPR where there is a danger of a new software development, or technology, meaning that IP protection is going to be sought after. AI evolution is another reason for the increased need in IP protection and it raises multiple IP issues. The copyright laws of Singapore require 1 or more authors for the work of an artist to be considered for a copyright protection. When AI is used to create such work, then due to the large dataset of AI, business or vulnerable to loss of vital information and can also be subject to copyright or patent infringement. The procedure for patenting in Singapore entails a long and rigid process, by reducing the length and expense of such procedure leading to patent protection. Under the EU laws, Singapore is part of a “Acceleration Program” where previous patent examinations act as precedents for any patent registrations of a similar kind that take place, reducing the lengthy process of patent registration and protection in Singapore.[10]

5. DATA DRIVEN IP AS AN ASSET:

Patents, copyrights and trademarks are intellectual property which have become vital for businesses. IP revenues worldwide amount to 10.3 billion dollars in 2025, in which patent filings are at the highest. The asset class in the IP includes a wide range of intangible assets, and businesses use different valuation techniques for basing risk in the IP-backed financing sector. This mainly benefits start-ups and lower market level companies since start-ups are constantly seeking funding to run their businesses, and in the current market place where IP valuations have considerably decreased, they need to get their IP valued, where investors will feel the confidence to invest in a business which is IP valued. To back such originality valuation, start-ups need to know the value of their assets, as it is nominally difficult to evaluate the value of intangible assets, as in comparison to tangible assets.  Understanding the values of IP poses an imperative risk as subject to market fluctuations and new technological advancements and with constant changing preferences of customers.[11] To reduce the risk of inconsistent valuation of IP assets, investors need to start considering the actual market value of assets, and how much people would be willing to pay for the asset in the current market. An imperative decline in the market value of a good or service related to IP can affect its actual value when demand for the product in the market changes with the introduction of newer technologies, which reduce the asset’s worth. Coming to data assets, where the value of a data asset can be derived where a particular data creates multifarious opportunities in the market for businesses. When such data can be useful to a company, the company needs to first valuate the way in a data can be used to turn in revenue, how they need to protect such data assets and how much of this data they share with their peers, ultimately increasing the value of such data asset. Traditional IP protections such as trademarks or copyrights do not provide enough protection due to the multifaceted and unusual nature of data assets. Trade secrets and contractual agreements have emerged has the only way to protect such data from being stolen or illegally accessed by others. Though, from a rather realistic perspective, businesses still need to thrive to protect data assets, as they still need to explore the various uses for such data and be open to sharing of such data rather than coveting it which will help in increasing the value of such an asset. [12]

CONCLUSION:

IPR is still a very foreign concept when it comes to Indian laws, irrespective of the efforts taken by law makers, IPR has still failed to provide the protection it promises in India, owing to its presence in the USTR Priority Watch List. But speaking of IPR in the digital era is an even bigger hurdle for developing countries like India, where its difficult to even assess what amounts to an intellectual property in the digital age, or even determining who the author of a work is when AI contributes to such a work, would be the author of it or the owner of the AI company. The internet has enabled the digital market to grow globally, hence increasing the risks of IP infringement, since with newer technologies, comes growth but also equally the risk. To mitigate such risks, nations will have to reform their IPR frameworks to keep up with newer technologies, which will inversely encourage innovation of more intellectual property. Intellect property rights in the competition market ensures the demolition of monopoly, because only when a product is protected from copying, will competitive businesses thrive for newer innovations. Although this does not help in data as business assets, where data is concealed from competitors to ensure that uniqueness remains in the businesses, but sharing of such data will only increase the value of the data and its IP valuation will also increase in the market. Owners of such data assets need to evaluate how much data they give out for sharing and manipulate it accordingly to always keep its market value high. Hence, it is imperative that nations adapt their laws to the changing times and technologies, and introduce newer laws to encourage innovation and creativity in the field of IPR.

REFERENCES:

1. Baker McKenzie, “Data as an Asset: Commercial Considerations” (September 2019) https://www.bakermckenzie.com/en/-/media/files/insight/publications/2019/09/data-as-an-asset-report.pdf
2. OECD, Measuring Data as an Asset: Framework, Methods and Results (2022) https://www.oecd.org/en/publications/measuring-data-as-an-asset_b840fb01-en.html
3. International Trademark Association (INTA), “Data as an IP Asset: Report of the Advocacy Committee” (6 December 2023) https://www.inta.org/wp-content/uploads/public-files/advocacy/committee-reports/20231206_Data-as-an-IP-Asset-report-1162023.pdf
4. International Trade Administration, ‘About Us’ (U.S. Department of Commerce) https://www.trade.gov/about-us
5. European Innovation Council & SMEs Executive Agency, ‘Intellectual Property in the digital age’ (EU IP Helpdesk, 10 November 2023) https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/intellectual-property-digital-age-2023-11-10_en
6. Press Information Bureau, Government of India, “DPIIT conducts over 1,300 programs to foster deeper understanding of Intellectual Property Rights” (Press Release, 17 DEC 2024) https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2085346
7. World Intellectual Property Organization, ‘World Intellectual Property Report’ (WIPO) https://www.wipo.int/en/web/world-ip-report/
8. Srinjoy Ganguly, ‘Towards a Model National IPR Policy for India’ (1 October 2015) SSRN https://ssrn.com/abstract=2668395
9. International Trade Administration, “India – Protecting Intellectual Property” (Country Commercial Guide, US Department of Commerce) https://www.trade.gov/country-commercial-guides/india-protecting-intellectual-property
10. Christopher Foster, ‘Intellectual property rights and control in the digital economy: Examining the expansion of M-Pesa’ (2023) The Information Society https://doi.org/10.1080/01972243.2023.2259895
11. Jiro Kokuryo, ‘Digital economy: the search for new governance mechanisms’ (WIPO Magazine, 30 September 2022) https://www.wipo.int/en/web/wipo-magazine/articles/digital-economy-the-search-for-new-governance-mechanisms-42773
12. Vishwasrao Mane ‘Intellectual Property Rights (IPR): Their Role, Challenges and Global Impact in the Digital Age’ https://www.researchgate.net/publication/389888478_Intellectual_Property_Rights_IPR_Their_Role_Challenges_and_Global_Impact_in_the_Digital_Age
13. Krutarth Shah, ‘Mapping to Monetizing: Intellectual Property Assets’ (Forbes Business Council, 20 March 2024) https://www.forbes.com/councils/forbesbusinesscouncil/2024/03/20/mapping-to-monetizing-intellectual-property-assets/

[1] Krutarth Shah, ‘Mapping to Monetizing: Intellectual Property Assets’ (Forbes Business Council, 20 March 2024) https://www.forbes.com/councils/forbesbusinesscouncil/2024/03/20/mapping-to-monetizing-intellectual-property-assets/

[2] Dr. Vishwasrao Mane ‘Intellectual Property Rights (IPR): Their Role, Challenges and Global Impact in the Digital Age’ https://www.researchgate.net/publication/389888478_Intellectual_Property_Rights_IPR_Their_Role_Challenges_and_Global_Impact_in_the_Digital_Age

[3] Jiro Kokuryo, ‘Digital economy: the search for new governance mechanisms’ (WIPO Magazine, 30 September 2022) https://www.wipo.int/en/web/wipo-magazine/articles/digital-economy-the-search-for-new-governance-mechanisms-42773

[4] Christopher Foster, ‘Intellectual property rights and control in the digital economy: Examining the expansion of M-Pesa’ (2023) The Information Society https://doi.org/10.1080/01972243.2023.2259895

[5] Srinjoy Ganguly, ‘Towards a Model National IPR Policy for India’ (1 October 2015) SSRN https://ssrn.com/abstract=2668395

[6] International Trade Administration, “India – Protecting Intellectual Property” (Country Commercial Guide, US Department of Commerce) https://www.trade.gov/country-commercial-guides/india-protecting-intellectual-property

[7] Press Information Bureau, Government of India, “DPIIT conducts over 1,300 programs to foster deeper understanding of Intellectual Property Rights”  (Press Release, 17 DEC 2024) https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2085346

[8] World Intellectual Property Organization, ‘World Intellectual Property Report’ (WIPO) https://www.wipo.int/en/web/world-ip-report/

[9] International Trade Administration, ‘About Us’ (U.S. Department of Commerce)

https://www.trade.gov/about-us

[10] European Innovation Council & SMEs Executive Agency, ‘Intellectual Property in the digital age’ (EU IP Helpdesk, 10 November 2023) https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/intellectual-property-digital-age-2023-11-10_en

[11] Baker McKenzie, Data as an Asset: Commercial Considerations (September 2019) https://www.bakermckenzie.com/en/-/media/files/insight/publications/2019/09/data-as-an-asset-report.pdf accessed 22 October 2025, P. 7-10

[12] OECD, Measuring Data as an Asset: Framework, Methods and Results (2022) https://www.oecd.org/en/publications/measuring-data-as-an-asset_b840fb01-en.html

International Trademark Association (INTA), Data as an IP Asset: Report of the Advocacy Committee (6 December 2023) https://www.inta.org/wp-content/uploads/public-files/advocacy/committee-reports/20231206_Data-as-an-IP-Asset-report-1162023.pdf , P. 1-12