Intellectual Property Rights and Informational Privacy Rights: Conceptualising the Intersection for the Data Protection Regulator in India
Keywords:Intellectual Property Rights, Informational Privacy Rights, Data Protection, Data Protection Authority, Data Protection Regulator
The intellectual property regime grants exclusivity to the creator. On the other hand, data protection law aims to allow a data principal to exercise control over one’s personal data. Though intellectual property law and informational privacy law may be considered two separate domains of law, currently, they have a shared history and are doctrinally, methodologically and practically still linked. In the continuing debate for establishing a data protection framework for India, the conceptual clarity about the intersection between intellectual property rights and informational privacy rights is likely to inform the choice of a framework for effectively balancing these rights. This will also be crucial in identifying and defining the role of the data protection regulator and assumes high relevance at a time when the Data Protection Bill has been withdrawn to make way for a stronger data protection framework. Against this backdrop, the paper attempts to identify how intellectual property protection and data protection intersect with each other; analyse the pre-identified challenges posed by this intersection, and the conflict between the interests of the data principal and data fiduciaries. Based on the conceptualisation, the paper concludes, by proposing a suitable approach to address the challenges.