Published Paper Details:

Over the past ten years, India has experienced an unthinkable surge in the digital world due to the quick adoption and expansion of social media, online platforms, e-commerce, and most recently, online payment methods. Concerns about it increased along with its simplicity of use and the abundance of features that make life easier. People began to experience privacy violations, security problems, and data breaches, among other things. The main issue was that there was no explicit legislation governing the use of data in the digital sphere. The necessity for a legislative framework to protect digital data increased after the Supreme Court of India declared that privacy was a fundamental right. India's digital economy is experiencing an extraordinary increase in data-driven innovation, encompassing AI-enhanced services and inventive digital content. In conjunction with this expansion, two essential legal frameworks regulate the management of information and ideas; data protection law and intellectual property (IP) law. These frameworks fulfill distinctly different roles; one is designed to protect personal information and privacy, while the other safeguards intellectual creations. However, they are increasingly overlapping and even conflicting in the realm of contemporary technology. A critical examination of the differences between data protection and IP law in India, elucidating each within the Indian context, comparing their goals and mechanisms, and investigating how they intersect, clash, and can be strategically navigated within the digital and AI economy. Relevant Indian legislation, such as the Digital Personal Data Protection Act, 2023 (DPDPA), the Patents Act, 1970, and the Copyright Act, 1957, are analyzed to offer practical guidance for businesses, startups, creators, and individuals operating in India.