International Journal of Advanced Multidisciplinary Research and Studies
Volume 3, Issue 4, 2023
Evolving Intellectual Property Doctrines in the Era of Emerging Technologies
Author(s): Oluwafunmibi Grace Ajakaye, Mayowa Olaoluwa Ajileye, Oluwanifemi Oluwaseyi Fadipe, Samuel Oluwatosin Orekoya
DOI: https://doi.org/10.62225/2583049X.2023.3.4.4884
Abstract:
The rapid advancement of emerging technologies including artificial intelligence, blockchain, biotechnology, and digital platforms has fundamentally challenged traditional intellectual property frameworks established in the pre-digital era. This comprehensive analysis examines how intellectual property doctrines have evolved to address the complex legal, ethical, and practical challenges posed by these transformative technologies. The study employs a comparative legal analysis methodology, examining patent law adaptations, copyright extensions into digital realms, trademark considerations in virtual environments, and trade secret protections in interconnected digital ecosystems across multiple jurisdictions including the United States, European Union, United Kingdom, Japan, and emerging economies.
The research reveals that while traditional intellectual property categories remain foundational, significant doctrinal adaptations have emerged to address technological realities. Patent law has expanded to accommodate software innovations, business method patents, and biotechnological inventions, though subject to ongoing judicial refinement and legislative updates. Copyright law has undergone substantial evolution to address digital reproduction, streaming technologies, user-generated content, and artificial intelligence-created works, with courts and legislatures grappling with fair use doctrines in digital contexts. Trademark law has expanded into virtual environments, domain name disputes, and social media branding, requiring new frameworks for protection and enforcement.
The analysis identifies several critical challenges including the patentability of artificial intelligence innovations, copyright protection for machine-generated content, trademark enforcement in decentralized digital environments, and trade secret protection in cloud computing architectures. Jurisdictional variations in approaching these challenges have created complex international frameworks requiring harmonization efforts through treaties, bilateral agreements, and international cooperation mechanisms.
Emerging best practices include adaptive legislative frameworks that can evolve with technological advancement, enhanced international cooperation mechanisms, specialized intellectual property courts with technological expertise, and collaborative approaches between legal professionals and technology experts. The study concludes that successful intellectual property evolution requires balanced approaches that protect innovation incentives while preventing overreach that could stifle technological progress and competition.
Future directions include the development of artificial intelligence-specific intellectual property frameworks, enhanced protection mechanisms for biotechnological innovations, improved international harmonization of digital intellectual property standards, and adaptive legal structures capable of responding to rapid technological change. The findings contribute to ongoing academic and policy debates regarding intellectual property modernization and provide practical insights for legal practitioners, policymakers, and technology innovators navigating this evolving landscape.
Keywords: Intellectual Property Law, Emerging Technologies, Patent Law Evolution, Digital Copyright, Artificial Intelligence, Blockchain Technology, Biotechnology Patents, International Harmonization
Pages: 1305-1323
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