The Interface Between Data Protection and Intellectual Property Laws

  • Priya Gupta and Afreen Khan
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  • Priya Gupta

    LL.M. Student at AIALS, Amity University, India

  • Afreen Khan

    LL.M. Student at AIALS, Amity University, India

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"The rapid growth of digital technologies and the Internet has revolutionized the way people communicate, share, and consume information. This transformation has brought forth new challenges in the realms of data protection and IPR. The present dissertation provides a comprehensive analysis of the legal frameworks governing data protection and IPR in India, as well as their intersection and the challenges arising therefrom. This paper will examine the legal framework for data protection in India. The focus is on the IT Act, 2000, and its associated rules and regulations, including the recent DPDP Bill, 2019, is also discussed, emphasizing its key provisions and the changes it aims to bring to the existing data protection landscape. Further, the dissertation addresses the enforcement mechanisms and the role of the proposed Data Protection Authority in ensuring compliance with the data protection laws. Further this paper will discuss the proceeds to examine the interface between data protection and IPR, focusing on the overlapping concerns and challenges that arise in this context. Areas of overlap include database protection, technological protection measures (TPMs), trade secrets and confidential information, RMI, and user-generated content on social media platforms. The dissertation analyzes the legal issues surrounding these areas, incorporating relevant case laws and international comparisons to provide a comprehensive understanding of the challenges at the intersection of data protection and IPR". Overall, this paper contributes to the ongoing discourse on data protection and IPR in India, highlighting the need for a robust and adaptable legal framework that addresses the evolving challenges in the digital age. By taking into account the complexities at the intersection of data protection and IPR, India can foster a thriving digital ecosystem that respects both IPR and data protection principles while promoting innovation and creativity".


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1800 - 1829


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