The Evolution of Intellectual Property Rights in the Digital Age

Abstract

Purpose: This study sought to explore the evolution of intellectual property rights in the digital age. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the evolution of intellectual property rights in the digital age. Preliminary empirical review revealed that the digital age has significantly transformed the landscape of intellectual property rights, necessitating adaptations to traditional IP frameworks to address new challenges such as digital content piracy and unauthorized distribution. It was found that while digital technologies, like blockchain and NFTs, offer potential solutions for enhanced IP protection, existing laws often fell short of addressing the complexities introduced by these advancements. The study highlighted the need for harmonized international standards and ongoing adaptation to effectively manage and protect intellectual property in the rapidly evolving digital environment. Unique Contribution to Theory, Practice and Policy: The Theory of Technological Determinism, Social Construction of Technology (SCOT) Theory and the Theory of Legal Realism may be used to anchor future studies on the evolution of intellectual property. The study recommended several strategies to address the evolving challenges in intellectual property rights due to digital advancements. It suggested the adoption of technologies like blockchain for better IP management and the need for improved international cooperation to address cross-border enforcement issues. Additionally, it advised policymakers to harmonize IP standards globally and support innovations in IP protection technologies. The study also emphasized the importance of education to enhance awareness of digital IP rights and recommended legal reforms to update existing laws to better suit the digital age.