Intellectual Property Rights and Informational Privacy Rights: Conceptualising the Intersection for the Data Protection Regulator in India

Abstract

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the role of the data protection regulator and assumes high relevance at a time when the Data Protection Bill has been withdrawn to make way for a stronger data protection framework.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.