Digital transformation has an increasing impact on the practice and development of intellectual property law; it is a unique area that is opening up unprecedented opportunities while at the same time presenting new challenges. However, three major themes have been identified in this article which include impact of artificial intelligence (AI), blockchain technology, and digital rights management (DRM). Furthermore, it looks at adaptability of such technologies within current legal protections and contemplates possible future developments of IP law. Subjects include the legal questions rising from technological development; this underlines the basic challenge of promoting innovation in the face of insufficient legal safeguards. This issue is acute especially with respect to AI mainly because of the dispersed nature of AI application and the existence of the new types of the IP. Furthermore, the paper seeks to explore how different regions, the United States, the European union, and China to be precise manage this issue of innovation and protection. It also looks at how legal measures and enforcement tools have been used and, further, how reforms or policy changes that may allow IP law to better cope with changing technological environments could be implemented.

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Balancing Innovation and Protection: Intellectual Property Law in the Era of Digital Transformation

  • Husham Alawsi,
  • Aseel Abdulsalam Al-Ayash,
  • Firas Mohammed Ibrahim,
  • M. N. Mohammed

摘要

Digital transformation has an increasing impact on the practice and development of intellectual property law; it is a unique area that is opening up unprecedented opportunities while at the same time presenting new challenges. However, three major themes have been identified in this article which include impact of artificial intelligence (AI), blockchain technology, and digital rights management (DRM). Furthermore, it looks at adaptability of such technologies within current legal protections and contemplates possible future developments of IP law. Subjects include the legal questions rising from technological development; this underlines the basic challenge of promoting innovation in the face of insufficient legal safeguards. This issue is acute especially with respect to AI mainly because of the dispersed nature of AI application and the existence of the new types of the IP. Furthermore, the paper seeks to explore how different regions, the United States, the European union, and China to be precise manage this issue of innovation and protection. It also looks at how legal measures and enforcement tools have been used and, further, how reforms or policy changes that may allow IP law to better cope with changing technological environments could be implemented.