WHEN IDEAS GET HACKED: THE DIGITAL THREAT TO INTELLECTUAL PROPERTY RIGHTS

I. INTRODUCTION

Growing up, we often heard a saying from elders, perhaps even a poem or two, that your knowledge is the one thing no one can ever take from you. Material things may be stolen, they’d say, but your intellect stays with you, untouched. The idea was that while everything else is vulnerable to theft, your ideas and learning remain secure. But in today’s world, that belief doesn’t hold up quite so easily since there is a threat to your intellectual property. The rise of digital theft and idea piracy has proven that even knowledge can be stolen, which is exactly why we have Intellectual Property Rights (IPR).

II. WHAT ARE INTELLECTUAL PROPERTY RIGHTS ?

IPR is a legal framework designed to safeguard your creative labor, inventions, and brand identity. These rights serve to ensure that the original writers are acknowledged and can profit from their works, while deterring unlawful use or reproduction.

Here’s a breakdown of some key IPR laws in India:

1. The Copyright Act, 1957: Protects original works such as books, songs, films, and artwork. If you’ve written a novel or composed a song, copyright law safeguards it from being copied or used without permission.^[1]
2. The Patents Act, 1970: Grants inventors exclusive rights over their inventions for a specific time period, stopping others from using or selling it without consent.^[2]
3. The Trade Marks Act of 1999: Allows businesses to register logos, slogans, and other brand identifiers to distinguish their products or services and prohibit others from replicating them.^[3]
4.  The Geographical Indications of Goods Act (1999): Protects products that come from a specific place and have distinct qualities because of that origin, such as Darjeeling tea or Kanchipuram silk.

III. CAN YOUR IDEAS BE STOLEN?

According to the Ministry of Commerce and Industry’s (Department for Promotion of Industry and Internal Trade) annual report, the total number of IPR applications filed increased by 5.6%, from 601,789 in 2022-23 to 635,508 in 2023-24^[4].  This data demonstrates a rising awareness that, while your knowledge may be abstract, once articulated — whether on paper or digitally — it is vulnerable to theft.  That is precisely why legal protection through IPR is vital.

So, yes, knowledge may be stolen — but the law is now on your side if you fight back.

IV. TRACKING THE GROWTH OF IPR THEFT IN A GLOBALIZED, DIGITAL WORLD

a. How Intellectual Property (IP) Theft Has Evolved

The way IP gets stolen has changed a lot over the years. It used to be about people copying inventions, books, logos, or music without permission—basically physical or visible violations. But now, with everything moving online, the threats are more digital. Hackers, software piracy, and data breaches have taken center stage. For instance, people would duplicate CDs or photocopy books to resell them without permission.

b. Why Global Rules Matter?

As global trade grew, countries needed shared rules to protect IP across borders. Early agreements like the Paris Convention (1883) and Berne Convention (1886) laid the groundwork by protecting industrial and artistic works. The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) later raised the bar by setting minimum IP standards for WTO nations, helping ensure more consistent protection and enforcement worldwide.^[5]

c. The Role of Cybersecurity

Cybersecurity has become an essential part of IP protection since so much of our invention and creative work now takes place online.  Protecting against software piracy, hacking, and other forms of digital material theft or misuse is becoming just as important as legal agreements.

d. WIPO’s Role

The World Intellectual Property Organization (WIPO) works to coordinate all of these initiatives.  It collaborates with countries around the world to reform IP laws, encourage fair licensing, and combat piracy. They also ensure that everyone, particularly creators and entrepreneurs, have access to the tools necessary to safeguard their work.^[6]

V. IPR AND TECHNOLOGY: A DOUBLE-EDGED SWORD

In today’s world, information is vital.  The old saying that “information is wealth” has never been more accurate, particularly when it comes to IPR. IPR is fundamentally concerned with the protection of information. Thanks to technology, storing and sharing knowledge has become easier, faster, and cheaper. Pretty much everything is online now.

But that also comes with a downside. Have you ever noticed that a book that’s officially copyrighted can still be found online for free, or through certain apps? That’s because it’s so easy to save and copy digital content. Even this very essay could be copied and reused without permission. That’s the digital reality we face.

Technology has also played a role in the expansion of IPR in many ways. Both digital rights and plant species and breeds^[7] are protected today. Books and inventions are no longer the only forms of IP; biodiversity, cultural legacy, inventions, and discoveries pertaining to a country’s distinct identity are now considered forms of IP. A nation’s self-representation and preservation of its unique characteristics depend on these factors.

VI. CYBERSECURITY: THE NEW FRONT LINE

a. What Is Hacking ?

Hacking is a form of cyber theft. It’s when someone breaks into digital systems—like websites, apps, or private databases—to steal or misuse information. Whether it’s personal data, creative work, or trade secrets, hacking is a serious threat to IP in the digital world.

b. How Hackers Do It ?

To get access to your computer or online accounts, a hacker will frequently attempt to steal your user ID and password.

For example, you might be checking your email or perusing the web. A random email link or advertisement may appear to be innocuous. But as soon as you click it, you can unintentionally allow the hacker access to your system or install a secret app. When someone deceives you into divulging your personal information, it’s known as phishing.^[8]

That’s why people always say, “Don’t click on suspicious links or ads”. It’s not just good advice—it’s protection against real digital threats.

c. How to Protect Yourself and Your Work

1.  Use trusted, up-to-date software with verified licenses — especially for antivirus, firewalls, and productivity tools. Most devices already come with built-in firewalls to help block unauthorized access, but that only works if you’re cautious too. Avoid clicking on random apps, messages, or email links you don’t trust.

1.  Use strong passwords, ideally 14 characters or more. Longer and more complex passwords are more difficult to crack.  Encryption and decryption methods also play an important part in protecting your data by rendering it unreadable to anyone who does not have the key to decipher it.

VII. HACKING AND IPR: WHAT’S AT STAKE?

Strong IP protection isn’t just important for individuals—it helps build businesses and even nations. Companies with well-protected innovations are more likely to attract investment and grow their intellectual capital.

Hackers target people, businesses, and institutions to steal trade secrets, research, and innovations. A single cyberattack could wipe out years of hard work. Patent rights, for example, can be stolen and passed to competitors who benefit without doing any of the original work.

VIII. THE REAL IMPACT OF IP THEFT ^[9]

 Information sharing has been facilitated by technology, but hackers can now more easily take advantage of this. IPR theft can have the following effects on individuals and companies:

1. Financial loss: IP theft can cause significant losses for businesses. Profits aren’t the only consideration; partners, staff, and entire teams may suffer as a result.
2. Emotional distress: Can you imagine building something for years just to have it stolen in a matter of seconds? Emotionally and mentally, the loss can be devastating.
3. Reputational damage: When original work is stolen, it’s not just money that’s lost—your name, credibility, and future opportunities can take a hit too.
4. Loss of critical information: Most companies store valuable data digitally. Once it’s gone, it’s hard to recover—and in many cases, impossible.
5. Drop in intellectual capital: Intellectual capital—your ideas, skills, and creativity—is a huge driver of growth. It helps generate revenue, attract customers, and build a competitive edge. When that’s stolen, a company loses much more than just files—it loses its foundation for innovation and success

IX. CASE STUDIES

a. The Dalit Couple vs. a Publisher ^[10]

In a small village in Madhya Pradesh, a Dalit couple wrote a farming manual in their native language. They didn’t have lawyers, but they had their words. When a publisher took their work and printed it without permission, they decided to fight back—on their own. The court sided with them, awarding damages and officially recognizing their copyright. It was a powerful reminder that IP protection isn’t just for the powerful—it’s for everyone.

b. T-Series vs. MySpace^[11]

Before YouTube ruled the internet, MySpace was a big deal. But it became the center of controversy when users uploaded T-Series songs without permission. T-Series sued, and the Delhi High Court ruled that online platforms can’t just turn a blind eye once they’re told about copyright violations. This case helped shape the way platforms deal with stolen content today.

c. Bridgestone vs. ‘Bridgeston’^[12]

In a recent 2025 ruling, the Delhi High Court sided with Bridgestone Corporation in a case of trademark infringement. A company had been using a deceptively similar name—’Bridgeston’—to sell automobile tubes and tyres. The court found that the intention was clear: to confuse customers and ride on Bridgestone’s reputation. It ordered the infringing party to stop and pay ₹5 lakhs in damages.

X. CONCLUSION

Just as banks changed how we protect money, the digital age has changed how we protect ideas. Hacking is the new form of robbery — and awareness is our best defense..

There is an increase in cybercrime.  And while we can’t stop every hacker, we can protect ourselves. Never blindly trust links, emails, or programs you don’t know.  Make use of secure passwords.  Remain vigilant.

Technology isn’t the enemy—misuse is. With awareness, secure tools, and strong laws, we can protect what we create.

Author: Nidhi Dutia, Bharati Vidyapeeth, New Law College, Pune

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^[1] Hand Book of Copyright Law, https://copyright.gov.in/documents/handbook.html

^[2] Sameeksha Shukla, Indian Patent Law: Understanding the Patent Rights & Obligations, Sagacious IP, https://sagaciousresearch.com/blog/indian-patent-law-understanding-the-patent-rights-obligations/

^[3] The Trademarks Act in India : Trade Marks Act of 1999, (Mar. 20, 2024), https://www.khuranaandkhurana.com/2024/05/21/the-trademarks-act-in-india-protecting-your-brand-identity/

^[4]  Official website of Intellectual Property India, Annual_report_23-24, (Mar. 31, 2025), https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Annual_report_23-24_En.pdf

^[5] Advice on Flexibilities under the TRIPS Agreement, https://www.wipo.int/ip-development/en/policy_legislative_assistance/advice_trips.html

^[6] Inside WIPO, https://www.wipo.int/about-wipo/en/

^[7] P A Lakshmi Prasanna et al., Intellectual Property Rights Protection for Plant Varieties in India: Status, Emerging Issues, and Challenges., Agricultural Economics Research Review. (2019).https://ageconsearch.umn.edu/record/303644/files/10-PAL-Prasanna.pdf

^[8] Protect yourself from phishing, Microsoft Support https://support.microsoft.com/en-us/windows/protect-yourself-from-phishing-0c7ea947-ba98-3bd9-7184-430e1f860a44

^[9] Husen Memon, Intellectual Property Theft: Risks, Consequences, and Prevention, IIPLA (May 22, 2023), https://iipla.org/intellectual-property-theft-risks-consequences-and-prevention/

^[10] Omkar Gokhale, How Dalit couple argued own case, won damages for intellectual property loss, The Indian Express (Feb. 6, 2025), https://indianexpress.com/article/long-reads/how-dalit-couple-argued-own-case-won-damages-for-intellectual-property-loss-9819932/

^[11] Super Cassetes Industries Ltd. vs Myspace Inc. & Another (2011)

^[12] Sanjana Dadmi, Delhi HC Awards ₹34.41 Lakh Damages To Japanese Automobile Tyres Manufacturer ‘Bridgestone’ Over Trademark Infringement By Indian Firm, (Mar. 25, 2025), https://www.livelaw.in/high-court/delhi-high-court/bridgestone-corporation-trademark-infringement-manufacturer-of-automobile-tubes-and-tyres-287451

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