September 30, 2026
Intellectual property has become a valuable corporate asset in the modern economy. For technology companies, value frequently resides in software and patents. For media companies, value is embedded in content. For consumer brands, trademarks and goodwill drive market differentiation.
Digital technology has fundamentally changed the threat landscape. Copying is instantaneous, distribution is global, and bad actors can operate anonymously. While intellectual property rights remain territorial and enforcement mechanisms move slowly, infringement can occur at extraordinary speed.
Modern intellectual property disputes often involve four recurring threats: piracy, counterfeiting, cyber theft, and platform misuse. These threats share a common technological foundation: the ease of digital replication and distribution.
Copyright law faces perhaps the most direct challenge from digital technology. Copyright owners frequently face thousands or millions of unauthorized uses occurring simultaneously across multiple platforms.
Artificial intelligence (AI) has added another layer of complexity. In Bartz et al. v. Anthropic PBC, the court held that using lawfully acquired books to train a large language model constituted fair use, but Anthropic’s retention of allegedly pirated books was not protected by fair use. The decision suggests that the legality of AI training may depend as much on the source of the data as on the training process itself.
The role of online intermediaries has become equally significant. On March 25, 2026, the U.S. Supreme Court held that internet service providers are not contributorily liable for copyright infringement merely by continuing to provide internet access to subscribers known to have downloaded or shared pirated content. Rights holders therefore increasingly rely on monitoring systems, takedown procedures, and targeted litigation.
For trademark owners, the digital environment has transformed brands into targets that can be exploited globally. Online marketplaces permit counterfeit products to be marketed and sold across multiple jurisdictions. Trademark owners also confront cybersquatting and social media impersonation. Effective enforcement depends on speed, making platform-based takedowns, customs enforcement, and coordinated litigation essential tools.
Patents face different digital challenges. Reverse engineering allows competitors to analyze technology products to replicate functionality. Cross-border replication creates another obstacle because patent rights remain territorial, but digital technologies can be transmitted globally and reproduced almost immediately. Patent enforcement therefore increasingly requires coordinated international strategies, careful forum selection, and border-based remedies to prevent infringing goods from entering protected markets.
Trade secrets may be the most vulnerable category of intellectual property because protection depends on continued secrecy. Hackers can exfiltrate highly sensitive information in seconds. Insider threats are equally significant because employees and contractors possess legitimate access to sensitive information. These risks require preventive measures such as access controls, cybersecurity protocols, confidentiality agreements, and rapid incident response procedures.
Digital innovation has dramatically increased the value of intellectual property while simultaneously making it more vulnerable. Copyright owners face AI-driven reuse, trademark owners confront counterfeiting and impersonation, patent holders battle reverse engineering and cross-border replication, and trade secret owners must defend against cyberattacks and insider threats.
Successful protection now depends on more than legal rights alone. Effective enforcement requires technological monitoring, platform engagement, rapid response strategies, and proactive risk management.
The full article in its original form can be found here.
Anna Pedraza Beck (LAW ’22) is an associate at Cozen O’Connor who concentrates her practice on intellectual property, advising clients on trademark and copyright matters, including prosecution, enforcement, litigation, internet domain, data privacy, and social media infringement issues.