The Master of Legal Studies in Digital Law and Technology online program offered by the Salmon P. Chase College of Law at Northern Kentucky University (NKU) is an excellent entry point into a rapidly expanding career field: protecting intellectual property (IP). Cyberhaven estimates the value of IP held by U.S. companies at $7 trillion.
On the other side of the ledger, IP theft, counterfeiting and fraud increased by 36% between 2022 and 2023, creating high demand for professionals with legal expertise in protecting IP in an increasingly complex digital environment.
What Are the Four Types of IP?
IP comprises high-value, intangible assets that drive innovation, creativity and business growth. Safeguarding these assets ensures creators, owners and businesses retain exclusive rights and competitive advantages in the marketplace. The types of IP protections are:
- Patents issued by the federal government protect inventions, processes and designs for a set period.
- Copyrights protect original creative works such as books, music and software.
- Trademarks protect brand identities such as logos and slogans.
- Trade secrets include confidential business information such as formulas or processes.
What Are the Challenges of Enforcing IP in the Digital Age?
Enforcing IP in the digital age presents complex challenges due to technological advancements and the internet’s global reach. A high-tech, fully connected world creates challenges for IP creators and owners, but especially for copyright holders.
In the early days of the internet, for instance, Napster was a hub for digital piracy and counterfeiting. Users on the peer-to-peer music sharing platform posted copyrighted music, allowing others to download it at no cost. The Recording Industry Association of America (RIAA) sued Napster and won. The decision remains a precedent that unauthorized sharing of digital IP constitutes copyright piracy.
Copyright piracy remains the toughest problem for IP in the digital age, according to Global IP Convention, but it is far from the only one. Other challenges include:
- Patents are vulnerable to “patent trolls.” These scammers acquire patents to exploit legitimate but poorly documented patents and target the holders through aggressive litigation.
- Open-source software enables licensed users of proprietary software to post it online so coders can modify the program freely, undercutting the creators’ IP protections.
- Trademark infringement often appears in the form of “cybersquatters,” who register e-commerce website domains under names that are like those of trademark holders, creating buyer confusion and lost sales.
What Is the Role of Emerging Technologies in IP Law?
Strategies to protect IP using emerging technologies are central to addressing the challenge of high-tech thieves, counterfeiters and fraudsters. Digital Rights Management (DRM) systems and watermarks help safeguard copyrighted materials like music, art and software. For trademarks, monitoring online platforms and registering brand elements across multiple domains help prevent misuse, counterfeiting and cybersquatting. Swift patent registration to secure inventions combats reverse-engineering to steal IP. Specific technologies used to protect IP include:
- DRM uses encryption to secure digital content and access controls to prevent unauthorized access
- Monitoring online platforms with technologies such as Google Alerts to scan for trademark infringement
- Patent protection technology includes automation tools for IP monitoring that securely track and organize patent portfolios, identifying existing patents to ensure accurate and complete filing.
“Protecting Intellectual Property (IP) is essential for businesses of all sizes. As technology advances, so do the risks and complexities that surround IP,” the Oliveri & Larsen law firm warns.
How Do Professionals Acquire Legal Insights to Protect IP in the Digital Age?
The NKU-Chase Master of Legal Studies in Digital Law & Technology provides an essential understanding of key concepts. Its online curriculum gives graduates the tools to flourish in a variety of roles through courses such as:
- Seminar in Technology Law equips students with specialized knowledge of emerging technologies and their legal implications, fostering expertise in addressing IP challenges like patents, copyrights and data protection in rapidly evolving industries.
- Digital Crimes and Tort examines New Age crimes and the legal challenges of imposing criminal and civil liability upon those who commit them anonymously.
- Digital Privacy and Security explores the complex web of laws that govern data privacy and cybersecurity. It focuses on the limitations of the existing legal framework, considering the policy implications of greater regulation of data collection.
As the digital transformation of the global economy accelerates, the risk of digital infringement on IP will grow. Defending protected assets will require professionals with legal skills and insights to manage the risks and solve challenges introduced by technology and digital commerce
Learn more about the Master of Legal Studies in Digital Law & Technology online program from NKU.
