Intellectual Property in the Digital Era: Legal and Ethical Issues

Abstract

This paper explores the profound transformation of intellectual property (IP) law in response to emerging technologies such as Artificial Intelligence (AI), the Internet of Things (IoT), blockchain, and the Metaverse. It highlights the challenges posed by automated creation, decentralized environments, and global digital networks, which disrupt traditional legal frameworks and raise complex questions of authorship, ownership, and enforcement. AI systems can autonomously generate creative works—music, code, literature—without human intervention, challenging the legal requirement of human authorship. Similarly, IoT devices collect and transmit data that may contain copyrighted content, often without clear legal attribution. The document emphasizes the need to revise national and European legislation to accommodate AI-generated works and content distributed via IoT. The Metaverse introduces new forms of trademarks and digital assets, such as avatars, motion marks, and virtual goods, requiring expanded legal definitions and cross-border enforcement mechanisms. Blockchain is presented as a transformative tool for IP management, offering secure timestamping, automated licensing via smart contracts, and enhanced transparency. However, limitations such as scalability, legal recognition, and conflicts with data protection laws (e.g., GDPR) are acknowledged. Patent’ law is also under pressure, as AI-generated inventions challenge the notion of mental conception and inventorship. Landmark cases such as Thaler v. USPTO and DABUS illustrate the global legal divide on whether AI can be recognized as an inventor. The paper calls for international harmonization and the development of sui generis legal frameworks. Trademark law faces similar disruptions, with AI and IoT altering consumer behavior and brand interaction. While AI enhances enforcement and market monitoring, it also raises risks of unintentional infringement and undermines the traditional concept of the “average consumer.” In conclusion, we advocate for coordinated international regulation, technological integration (e.g., blockchain for IP certification), and digital literacy. It stresses the strategic value of IP in the digital economy and the need to balance innovation with legal protection through continuous adaptation.