Evolution of intellectual property law in the digital era: challenges and adaptations

Abstract

This study analyzes the evolution of intellectual property law in the digital age, addressing new challenges and evaluating the effectiveness of legal adaptations implemented globally. Using a mixed methodological approach, the research combines qualitative and quantitative methods to examine how legal modifications have impacted the balance between protecting creators' rights and promoting innovation. The study employed various data collection techniques, including expert interviews, focus groups, surveys, and document review. Participants from Babahoyo and Guayaquil were strategically selected, including experts in intellectual property and technology, and Digital Law master's students. The results reveal a complex and dynamic landscape, identifying challenges such as legislative obsolescence, protection of digital works, and determination of authorship in artificial intelligence creations. Adaptations such as technological protection measures and specific licenses for digital content are observed. Experts highlight the impact of new technologies and emphasize the need for international harmonization of laws and interdisciplinary collaboration. The research concludes that copyright law is evolving rapidly, although often slower than technological advancement. The importance of more flexible and proactive approaches in legislation is underlined, balancing rights protection with the promotion of innovation. Future directions for the field's development are proposed, including adaptive legal frameworks and greater integration of technological perspectives in legal education.

Keywords:

Digital age, Challenges, Legal adaptations, Creators' rights.