Protecting Intellectual Property Rights between Traditional Legal Frameworks and Digital Transformation Requirements

Abstract

This research examines the protection of intellectual property rights in light of the interaction between traditional legal texts and the requirements of digital transformation, in light of the unprecedented legal challenges created by the digital environment. The rapid technological development has led to a fundamental change in the nature of intellectual works and the means of their production and circulation, which has revealed a clear deficiency in many of the legal rules that were formulated in a different technical context based on the materiality of the works and the territorial infringement. The research seeks to analyze the conceptual and legal framework of rights Intellectual property, and the description of traditional civil and penal protection mechanisms, highlighting their shortcomings in the face of digital attacks, such as cyber piracy and trademark and patent attacks online. The research also addresses the practical problems that hinder the application of protection rules in the digital environment, especially the difficulties of proof and the determination of legal liability. The research devotes an applied aspect to analyzing the position of Iraqi legislation, highlighting its current limited ability to keep pace with the digital transformation, and its lack of explicit regulation of digital works and new modes of attack. The research concludes with a set of findings and recommendations that emphasize the need to develop the legislative framework, employ modern technical and judicial mechanisms, and enhance international cooperation in order to achieve effective and balanced protection of intellectual property rights in the digital age.