In an article published in IPWatchdog on March 23, Maia Woodhouse discusses IP enforcement in the modern online environment.
Current statutes that make up the U.S. IP regime are old and not updated accordingly for the new technology that has evolved. “The core questions of what is 'protectable,' what is 'infringement' and what is 'willful' in view of the fundamental shifts in technological advancement remain squarely in the gray,” explains Maia.
IP litigators have completely changed the way they investigate claims simply as a result of technological advances since most claims involve the internet. This can make it easier for infringers to remain anonymous, creating a barrier for enforcement.
The only way online enforcement can become reliable is for IP protection and enforcement to evolve as technology does.