Intellectual Property Provisions Under the IT Act

Feb 252025

As the digital world expands quickly, emerging threats to intellectual property rights (IPR) include digital theft, illegal distribution, and digital piracy. An important factor in securing intellectual property in the digital sphere in India is the Information Technology Act, 2000 (IT Act). In this article, we will discuss the significant court rulings, the ways in which the IT Act promotes IPR, how it relates to other IP laws, and suggestions from intellectual property law firms in India for enhancing IP protection in the digital era.

Intellectual Property Laws and the IT Act

The IT Act has major provisions that support intellectual property protection even though its primary focus is on cybersecurity, e-commerce, and data protection. The following are some essential clauses:

Section 43: Protection Against Unauthorized Access and Data Theft

This clause addresses issues such as hacking and data theft and penalizes illegal access to computer systems. If we want to understand this section by example, Section 43 may be used if someone breaches a company’s server in order to steal trade secrets.

Section 65: Tampering with Computer Source Documents

It is illegal to change or remove computer source code without authorization under this clause. For example, someone may be held accountable in section 65 if they alter software code that belongs to another business without permission.

Sections 66 & 66B: Hacking and Data Theft

Hacking is covered under Section 66, whereas receiving or storing stolen computer data is covered in Section 66B. These provisions would cover, for instance, the unlawful downloading and distribution of copyrighted films or software.

Section 69A: Blocking Public Access to Harmful Content

Websites that host illegal content, including pirated films or fake goods, may be blocked by authorities under this section

Section 79: Intermediary Liability

Platforms like social media or website hosts are protected by law from direct liability for content created by users under this provision. When they are informed of illegal content, they are required to take steps and delete it.

Section 72: Breach of Confidentiality

This clause protects trade secrets and sensitive company data communicated online by penalizing illegal disclosure of confidential information.

IT Act with other IP laws

Copyright Act, 1957: The IT Act aids in enforcing laws against hacking and unlawful downloading, while the Copyright Act of 1957 addresses concerns such as digital piracy.
Trade Marks Act, 1999: Trademarks, including domain names and online misuse, are protected by the Trade Marks Act of 1999. This is supported by the IT Act, which addresses intermediary liability and data breach.
Trade Secrets: Sections 43 and 72 of the IT Act provide protection against unlawful access to private information, even though India lacks explicit trade secret regulations.

Challenges in Implementing IP Laws in the Digital Era

Cross-Border Issues: Since cybercrimes frequently occur across borders, enforcement is challenging.
Changing Technologies: New IP issues are brought up by emerging technologies like blockchain and artificial intelligence.
Intermediary Compliance: It can be difficult to make sure international platforms abide with Indian IP regulations.
Lack of Knowledge: A lot of companies and attorneys don’t know how the IT Act can help safeguard intellectual property.

Efficient ways to protect IP

Integrate Laws: To bring the IT Act into compliance with international norms, it should be updated to specifically address IP violations.
Make Use Technology: make use of solutions such as blockchain for IP tracking and registration
Improve Intermediary Rules: Provide platforms with precise instructions on how to deal with IP infringement.
Capacity Building : Provide instruction to IP owners, legal experts, and law enforcement.
Proactive Judiciary: Motivate judges to apply the IT Act in ways that tackle emerging risks to digital intellectual property.

Categories : Intellectual Property

Intellectual Property Provisions Under the IT Act