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Posts Tagged ‘Intellectual Property’

WIPF2022: A different mindset for emerging technologies and intellectual property.

October 16, 2022 Leave a comment

As promised, this is a summary post with my top 5 takeaways from the recent World IP Forum 2022 conference I attended in Bangkok, Thailand. 

WIPF2022

What a pleasure it was to meet, mingle and exchange ideas with a global cast of IP professionals across three days of wall-to-wall conversations, panels and presentations by experts in the legal profession, international business and government agencies. Kudos to the organisers, especially Navi Agarwal and Jeet Agarwal for a fantastic show with a truly international worldview.

Top five learnings and takeaways from WIPF2022 Bangkok:

  1. Patents are huge – the level of interest and discourse around patents reflect, in my opinion, their powerful potential to play a major role in redefining the IP landscape for a fast emerging world of tomorrow.
  2. DABUS (AI owned patents) – this is really doing the rounds as a bell weather case that shows up constraints and limitations of current legal frameworks, expert understanding and jurisdictional perspectives on emerging technologies and IP. 
  3. AI and Personhood – exhaustive discussions on why AI can’t be recognised as author / owner of IP. This is mainly down to AI not being considered a natural person – a key requirement for IP ownership in many places. I wonder if and when that is likely to change with more DABUS-like cases sure to come along.
  4. Rise of the techno-lawyers – By the way, it seems I’m encountering more and more legal professionals with a technical background – this is a most interesting trend, and has left me thinking perhaps I ought to study IP law too – hmmm!
  5. Still early days – And still lots of room to explore, understand and adapt emerging technologies and impact. Call to Action: read up and research AI, Blockchain and other emerging technologies because in 5 years or less they’ll impact your practice. 

My conclusion – It’ll require a different mindset to harness opportunities and/or tackle challenges presented by emerging technologies and intellectual property. For example, one of the most insightful questions I heard on the Metaverse panel was: …why use web2 rules for web3 worlds – i.e. how and why are we trying to figure out the rules of metaverse using only real world legal systems and lawyers? …Duh!

My panel presentation on emerging technologies and the future of content & IP is centred on this last point, as I introduced a three-point framework for looking at future state systems and how they might apply to IP considerations.  More to come on this topic so watch this space!

Intellectual Property and Emerging Technologies

October 9, 2022 Leave a comment

A new course certificate – Yes, another one. There’s a theme here…

MIT Sloan – Short course on blockckchain for business innovation

I must say this one was particularly challenging, but even more rewarding, as it helped reshape and validate my notion that no single one of these ’game changer’ technologies can match over-hyped expectations all by themselves. Instead, and perhaps obviously, it’ll take certain combinations and mashups of two or more of these technologies to create the right value propositions for robust, real-world applications that can finally meet and / or exceed current expectations.

As a result, I remain steadfast in my conviction, and even doubling down my commitment to stay at the sharp end of emerging technology and the impact on society, businesses and individuals.

For example, I’m excited to be on a panel discussing Emerging Technology and Intellectual Property at the World IP Forum 2022 event taking place on 10th-12th October, in Bangkok Thailand. I will be talking about the role of emerging technologies and the next phase of digital content and rights management. Intellectual Property, such as Copyright, must evolve to keep pace with new technologies and novel uses of the works they’re designed to protect, (in both physical and digital realms, as well as in the spaces between them).

From past experience, events such as these offer great opportunities to share and learn from others, as well as networking with speakers, moderators and attendees. It’s great to be back on the circuit, and and I may do a summary post following the event, or perhaps even a podcast as Gen Z folks supposedly demand.

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 3)

February 5, 2022 4 comments

This is third in a series of posts to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of digital technology, creative content and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Are NFTs the future of digital IP and the creative world, or just a remix of DRM and all its woes? (Part 2)

January 23, 2022 4 comments

This is second in a series of posts I drafted to share some observations, opinions and conclusions from playing with this intriguing technology that sits squarely at the intersection of: creative content, digital tech and intellectual property. The topic is broken down into the following parts:

  1. What are NFTs (and the non-fungibility superpower)?
  2. What has this got to do with Intellectual Property (and content protection)?
  3. Does it mean that NFTs are like DRM remixed?
  4. How does it affect the creative industry today and in the future?
  5. Summary observations and conclusions.
Read more…

Intellectual Property for Start-Ups

October 28, 2016 Leave a comment

A few weeks ago I had the opportunity to participate, as chair & speaker, at a BCS Entrepreneurs event discussing the role and value of Intellectual Property for start-ups and entrepreneurs. As you might imagine this was a well attended event with so many different questions foremost on the minds of various attendees.

Given the focus on my favourite topics of IP and entrepreneurship, it didn’t take much persuasion for me to sign-up and chair the event. Furthermore, I was in the company of two legal experts on: EU IP law (Jonathan Exell, from William Powells) and employment law (Bob Fahy, from Veale Wasbrough Vizards) respectively. Also the attendees were certainly not shy to engage and they took some delight in systematically dissecting the trickier aspects of entrepreneurship and the start-up vs. IP challenge in a changing landscape. 

As introduction and kickoff, I provided a quick overview of some of those key challenges facing startups with respect to IP. This was mainly based on a previous post and article I’d written and published about this same topic. 

The first speaker followed through with a thorough recap of the legal position on IP particularly with regard to the EU and Brexit. Key message: it’ll likely be business as usual for IP in post Brexit UK, at least in the near term. Also, it is highly unlikely that the UK will deviate too radically from the increasingly aligned position on IP  which most of the world enjoy today.

The second legal perspective provided some insights on key challenges and opportunities facing anyone trying to manage the IP risks and issues associated with employees, disgruntled or otherwise. Here the lines become somewhat blurred between contract vs. employment vs. IP laws. It was interesting to observe the number of questions relating to how founders should approach the challenge of establishing who has what IP (and / or portions thereof) when their start-up fails, flounders, or even flourishes!

To say this event was informative and enlightening would be an understatement because the second part of the seminar consisted of 1-to-1 mentorship sessions, with experienced BCS mentors exploring attendees individual circumstances in order to provide specific guidance based on the topic at hand. Pure value delivered, if you ask me. As an exercise in giving back, I can think of no better way to spend an evening than by learning, interacting and exploring various start-up IP challenges with enthusiastic entrepreneurs, mentors and experts from within and outside of the BCS.

One thing I love about my work is how it affords me unfettered opportunity to give back, by providing dedicated time (and a measurable objective) to undertake pro bono activities, such as this one, which is aimed at helping others in need of expertise or guidance for projects, worthy causes or personal development. Pure Ohana!

The Tech Start-Up’s IP Dilemma

September 4, 2016 Leave a comment
When it comes to tech entrepreneurship, a good Intellectual Property (IP) strategy will often play a critical role in the difference between unbridled success versus failure-inducing infringement lawsuits. How should technology entrepreneurs and start-ups approach the difficult task of balancing IP protection vs. commercialization considerations in the dynamic, financial and geo-political landscape of today?

In the face of recent global financial meltdowns, migrant refugee crises, global terrorism and regional upheavals (e.g. BREXIT), things may become exponentially more complicated. In terms of IP, the key question for many high-growth start-ups is how to negotiate the daunting landscape of protocol, jurisdiction and regulatory compliance requirements for each new market that they penetrate.

3 key factors, in my opinion, need to be taken into consideration when attempting to address these particular challenges as follows:

Pay to play – The digital world has ushered in a shift from transactions to a more interaction based economy. According to Constellation Research Principal, Andy Mulholland, three distinct types of time-zone based interactions can be recognized in this new environment. They comprise of: reflex interactions (e.g. autonomous machine to machine interactions); service based interactions (i.e. multiple, coordinated services interacting to deliver value to customers / subscribers / end-users); and finally, cognitive interactions (delivering enhanced value as part of a ‘smart’ system and ecosystem).

Changing of the Guard – IP is a moveable feast, and sooner or later any proponent of “free-to-use” IP soon become vigorous advocates of IP protection once they start producing their own. Nations that were once net consumers of IP, with scant regard for anti-piracy measures, will often become rabid defenders of international IP laws when they start producing more IP than they consume. The same applies to start-ups who initially think nothing of appropriating other people’s IP in other to create or enhance their own products / services, but then go on to spend oodles of funding money with top IP lawyers to protect or defend their IP as they mature.

Caring, sharing, gig economy – The last point is very much about the real cost of freedom and flexibility. The so called “Gig economy”, which offers short term roles for hordes of contingent workers (aka ‘micro entrepreneurs’), has been popularised by the likes of Uber, Airbnb and Deliveroo, because they promise a greater degree of freedom and flexibility than traditional employer / employees models. The new gig economy players typically provide a platform for exchanging goods and services, but sometimes this can verge on the traditional ’employee’  domain, (e.g. wearing uniforms with the platform providers logo), instead of an independent provider. This blurring of lines could be interpreted by many as an attempt by platform operators to have their cake and eat it, and this has contributed to the recent spate of high profile law suites and demonstrations by irate contingent workers. Such disruptive business practices bring to mind the threat posed to traditional content industries by file sharing platforms such as: Naptster, Grokster, Pirate Bay and Megaupload, who all got sued to smithereens. The sad thing is that such repercussions, if unchecked, can serve to dampen the innovative vigour of said ‘gig economy’ platform operators. A middle ground must be found where it will be possible to explore the frontiers of the new gig economy without trampling over the rights of its participants. The promise of freedom and flexibility alone may not be worth the pixels through which it is displayed.

In conclusion, when it comes to startup entrepreneurship in today’s world, it takes a certain level of awareness to negotiate the myriad challenges facing new innovative / disruptive entrants to most markets. One of the key criteria for success, (in addition to having the right ideas, resources, team and opportunity / timing), is the presence of a good strategy for intellectual property and how it can be employed to the benefit of the organisation. It is no accident that California USA, with its high concentration of IP based industries, is the 6th largest economy in the world, therefore it goes without saying how important it is for startups to identify and protect any IP assets, right from the start.

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Disclosure: The above post is derived from a soon-to-be-published article in the next edition of BCS Digital Leaders newsletter. Also the topic of start ups and IP will be the focus of the next BCS Entrepreneurs speed mentoring event which I’ll be chairing in the next few weeks.

Intellectual Property and Digital Economy

September 30, 2014 1 comment

In line with my previous theme of Intellectual Property (IP) and the digital economy, this post looks at a recent Position Statement which I helped to draft for the BCS Chartered Institute for IT.

As you may know, one of the core values or mission of the BCS is to advance the role of IT in bettering society, business, education and the economy, and what better way to do this than by suggesting ways in which IP could work better in the evolving digital economy.

Some key issues highlighted in the position statement include:

  • The rapid pace of technology change often leaves behind the Intellectual Property (IP) construct which was created to provide economic benefit for the creators, authors, inventors and owners of related IP
  • An enormous amount of money is spent annually on IP related litigation (particularly when IP is viewed and used as a tactical weapon). This could be better spent building the right system in the first place
  • According to BCS feedback from the 2013 Parliament and Internet conference, intangible and virtual goods online extend to more than just music, written word or software – I’m thinking about the Internet of Things too
  • Also, The EC announced an initiative to define a position on taxation of the digital economy – this gets very interesting when you try taxing something like Bitcoin!
In light of such issues, the BCS position tries to define the best approach to tackling these and other major issues, as well as providing a sense of perspective to the unfolding drama of IP and digital economics. Key messages from the Position Statement include:
1. Global IP must evolve to meet the needs of a digital age global economy, particularly with regards to:
  • Creating a feedback mechanism to regulate the impact of IP changes on the digital economy, in a transparent manner.
  • Developing fast, automated and dynamic IP mechanisms to cope with blurring boundaries of IP (e.g. for emerging trans-media content), and surge in high-volume / low-value transactions online.
  • Keeping everything in context, because society is still at a very early stage in understanding and adapting to changes introduced by digital technology – digital IP is in a period of transition without any appreciable end state to speak of.

2. BCS understands the need to ensure all 5 digital stakeholder groups (i.e. the creator, commercial, consumer, technology and governance stakeholders) are consulted, engaged and involved in the creation of digital IP structures for the future. BCS has representative groups and forums that cover all 5 stakeholder groups of interest.

3. The UK is in a great position to play a leading role in helping define new digital IP measures and structures for the digital economy – it has the capability and resources, economic motivation and political appetite, as well as the credibility to build on its historical provenance for introducing far-reaching IP mechanisms e.g. Statute of Anne (aka the world’s first copyright law).

In conclusion, I believe this is a fairly sensible position in what is ultimately a moving feast of change for society at large. However, there are no foregone conclusions on how digital IP will play out in the long run, no least because everything is still up for grabs as the debate rages on.

Ps. I will be looking to carry on this conversation at the Copyright and Technology 2014 conference in London on the 1st of October, where I’ll be chairing a panel debate on the Challenge of Online Piracy. More on this soon…

Free, your new IP strategy: is this the future of Intellectual Property and Innovation?

June 26, 2014 1 comment

I came across a blog post about electric automaker Tesla’s recent move to open up its patents by making them free to use by anyone, including competitors. According to founder, Elon Musk, “Technology leadership is not defined by patents, but rather by the ability of a company to attract and motivate the world’s most talented engineers.”

Tesla-specs

I believe that while this move may have multiple strategic intent, (i.e. Tesla could have other IP cards up their sleeve), it also highlights limitations in the current systems of Intellectual Property, and it’ll require a fundamental shift in philosophy to fully appreciate where such trends could take us.

Obviously, I admire Tesla’s creativity and innovation, not least because their eco-friendly cars do not remind me quite so much of badly constipated turtles, but because their sheer guts and willingness to take risks (aka multiple leaps of faith) puts them ahead of the curve.

If technology leadership is no longer defined by a sizeable IP portfolio, then this presents some very real challenges to various foul strategies and current sharp practices for IP, such as: “weaponised IP”, Patent Trolls, industrial espionage, and so forth. According to author Don Peppers’ blog post on the topic, such “open source” and “free revealing” (aka free sharing) of otherwise competitive IP assets actually drive innovation “while patents, copyrights and other legal mechanisms seem to be holding us back.”  He goes on to say: “This is big, everyone. If you don’t know how big this is, you haven’t been paying attention.”

In my opinion, a mindset of “share first then ask questions after” is vastly superior to the usual scarcity based approach to wealth creation, (i.e. “mine, mine, all mine” is not real wealth, just an illusion). True wealth, which is firmly based in abundance, actually favours the sharing mindset by motivating and empowering bright creative people to continue to do and share what they do best. Such a system fosters innovation, and is ultimately self replenishing, because it forces organisations to ensure they maintain the right ingredients to continue being innovative.

In such a world, an organisation may be deemed a failure when it no longer has the ability to innovate, regardless of the size of its bank balance, market capitalisation or IP portfolio. Instead, successful organisations will be ones which can establish and demonstrate a self-perpetuating culture for creativity and innovation. Such bold claims do however raise some serious questions over IP, e.g.:

  • Should IP be granted with implicit right for others to use and reuse by default, (along with fair recompense or royalty to the owner)?  And if this were feasible, would everyone play by the rules?
  • Are we likely to see a situation whereby IP may be rescinded from organisations that do not actively use them to innovate? I can already imagine Patent Trolls, and their IP lawyers, screaming in anguish at the thought.
  • If free sharing of IP became common practice, will it ultimately diminish the value of IP, and its raison d’etre, (i.e. a means to provide direct economic reward for creators and owners of IP)?  Bear in mind that creators and owners of IP are not always one and the same.

These and other similar questions easily rise to the fore when you extrapolate the developing trend for free IP sharing and their implication for both individuals and organisations. The preceding points / questions are not solely relevant to organisations. Individuals, particularly those in the creative arts (e.g. authors, musicians and other artistes), are also affected especially as they increasingly chose to explore alternative funding models to finance their works.

TV presenter and author, Kate Russell (of BBC Click fame) takes it a step further by advocating the creation of new IP models based on crowd funding in her recent BCS blog post. Her exact words were: “With the online world still in freefall about how to solve digital rights protection and make sure artists get paid fairly for creative works, I genuinely believe that crowd funding could form the groundwork of a new intellectual property model”. In my opinion, this is another example of the shifting mindset that will ultimately bring about the evolution of a more suitable IP system for the digital world of today and tomorrow.

Digital Economy and IP

January 22, 2014 Leave a comment

Over the past few months, I had several opportunities to engage in the conversation about the role of Intellectual Property (IP) in the new world of Digital, and in so doing, I’ve managed to tease out certain key questions and concerns surrounding this topic, e.g.: What challenges and opportunities does IP bring to the Digital feast? How does the ‘sharing’ economy affect established notions of IP, and how effective are current efforts to update and harmonise IP in the digital age? The answers are slowly revealing themselves, but the following observation points will hopefully highlight the way.

What is Digital?

The term “Digital” means different things to different people, (including those that consider it an extremely irritating term for something old repackaged as a new ‘buzzword’). In my opinion, the term Digital can be used to describe various new and emerging products / services / processes / user behaviours etc., that are enabled by digital technology. It works equally well in describing innovative, disruptive trends (e.g. big data and predictive analytics) and / or re-imagination of pre-existing technologies (e.g. Cloud).

How does IP figure into it?

Intellectual property is the concept and mechanism through which creators and owners of “works of the mind” may derive economic benefits from their works (e.g.: inventions, designs, works of art, and trademarks). By its very nature, IP is constantly challenged by those self same things for which it was designed – e.g. printing press, audio-visual capture, playback and distribution technologies, and even this new fangled 3D printing. The Digital world merely amplifies an age old problem which reappears with alarming regularity with each new shift or breakthrough in technology.  However, this particular incarnation also begs the question of whether the concept of IP is intrinsically flawed in a digital universe

Key Trends in society / technology / business

In any discussion on this topic (i.e. IP and the digital economy), you’ll invariably pick upon certain trends as key catalysts for change, which typically fall into any of following groups: socio-economic trends, technology trends and business trends. If you don’t believe me, then go ahead and give it a try with any of the following trends e.g.: social media, aging population, real-time dynamic pricing, predictive analytics, digital transformation, 3D printing, and even “sharing economy”. Such trends are redefining how we live and do business in a digital world, but are they all merely symptoms of the same phenomenon?

How will law and regulation keep up?

Not very well, I’m afraid. How can we best apply governance to emerging phenomena such as Digital? To say it is very difficult would be an understatement, considering that these changes also affect the law, and law makers, too. This is a perfect example of what city planners and business school professors consider to be a “wicked problem”. Existing rules of society and international law struggle to encompass the global reach and impact of digital technologies whereby information can spread, at the speed of light, to all corners of the world heralding the lofty dawn of unified global thought, sentiment and action, or anarchy. In order to remain relevant and useful, the concept of IP needs a major rethink and rework to align with a dynamic digital landscape. However, this is not the preserve of a few sovereign governments, and more needs to be done (at an international, collaborative level) to even begin nursing any hope of having an impact on Digital and human cultural evolution.

Digital transformation and business model innovation

In my opinion, the future of business lies in the ability to reinvent itself and take best advantage of the constantly emerging game-changing  technologies, products, services, and usage paradigms. One such avenue is via business model innovation – a technique that makes use of a simple business model canvas to articulate any business model, in a fast and dynamic way. Technology is no longer a barrier to entry, therefore the true measure of fitness must have to do with a business model’s flexibility and adaptability (for competitive advantage) in the digital universe.

In summary, and regardless of where I’ve held these conversations (e.g. at the Copyright and Technology Conference, or Digital Economy and Law Conference, and even at the BCS, Chartered Institute for IT), these same questions and concerns have become a recurring theme.

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Ps. I will look to delve into these topics at my next speaking event, on the 22nd of January 2014, and hope to provide further insight and provocative questions on digital economy and IP. Also, we’ll get to hear a speaker from one of the world’s foremost organisations at the forefront of Digital. Don’t miss it (or at least come by and say hello), if you happen to be in London on that day.

Copyright and Technology in 2013

November 18, 2013 Leave a comment

Last month’s conference on copyright and technology provided plenty of food for thought from an array of speakers, organisations, viewpoints and agendas. Topics and discussions ran the gamut of increasingly obvious “business models are more important than technology” to downright bleeding edge “hypersonic activation of devices from outdoor displays “. There was something to take away for everyone involved. Read on for highlights.

The Mega Keynote interview: Mega’s CEO Vikram Kumar, discussed how the new and law-abiding cloud storage service is proving attractive to professionals who want to use and pay for the space, security and privacy that Mega provides. This is a far cry from the notorious MegaUpload, and founder Kim Dotcom’s continuing troubles with charges of copyright infringement, but there are still questions about the nature of the service – e.g. the end-to-end encryption approach which effectively makes it opaque to outside scrutiny.  Read more about it here.

Anti-Piracy and the age of big data – Mark Monitor’s Thomas Sehested talked about the rise of data / content monitoring and anti-piracy services in what he describes as the data driven media company. He also discussed the demise of content release windows, and how mass / immediate release of content across multiple channels lowers piracy, but questioned if this is more profitable.

Hadopi and graduated response – Hadopi’s Pauline Blassel gave an honest overview on the impact of Hadopi, including evidence of some reduction in piracy (by factor of 6M-4M) before stabilsation. She also described how this independent public authority delivers graduated response in a variety of ways e.g. from raising awareness to imposing penalties and focusing primarily on what is known as PUR (aka ‘Promotion les Usage Responsible’)

Auto Content Recognition (ACR) and the 2nd Screen – ACR is a core set of tools (including DRM, watermarking and fingerprinting), and the 2nd screen opportunity (at least for broadcasters) is all about keeping TV viewership and relevance in the face of tough competition for people’s time and attention. This panel session discussed monetisation of second screen applications, and the challenges of how TV is regulated, pervasive and country specific. Legal broadcast rights is aimed at protection of broadcast signals, which triggers the 2nd screen application, (e.g. via ambient / STB / EPG based recognition). This begs the question of what regulation should be applied to the 2nd screen, and what rights apply? E.g. Ads on TV can be replaced in the 2 screen, but what are the implications?

Update on the Copyright Hub – The Keynote address by Sir Richard Hooper, chair of the Copyright Hub and co-author of the 2012 report on Copyright Works: Streamlining Copyright Licensing for the Digital Age, was arguably the high point of the event. He made the point that although there are issues with copyright in the digital age, the creative industries need to get off their collective backsides and streamline the licensing process before asking for a change in copyright law. He gave examples of issues with the overly complex educational licensing process and how the analogue processes are inadequate for the digital age (e.g. unique identifiers for copyright works).

Sir Richard Hooper

Sir Richard Hooper

The primary focus of the Copyright Hub, according to Sir Richard, is to enable high volume – low value transactions, (e.g. to search, license and use copyright works legally) by individuals and SMEs. The top tier content players already have dedicated resources for such activities hence they’re not a primary target of the Copyright Hub, but they’ll also benefit by removing the need to deal with trivial requests for licensing individual items (e.g. to use popular songs for wedding videos on YouTube).

Next phase work, and other challenges, for the Copyright Hub include: enabling consumer reuse of content, architectures for federated search, machine to machine transactions, orphan works registry & mass digitisation (collective licensing), multi licensing for multimedia content, as well as the need for global licensing. Some key messages and quotes in the ensuing Q&A include:

  • “the Internet is inherently borderless and we must think global licensing, but need to walk before we can run”
  • “user-centricity is key.  People are happy not to infringe if easy / cheap to be legal”
  • “data accuracy is vital, so Copyright Hub is looking at efforts from Linked Content Coalition and Global Repertoire Database”
  • “Metadata is intrinsic to machine to Machine transactions – do you know it is a crime to strip metadata from content?”
  • “Moral rights may add to overall complexity”

As you can probably see from the above, this one day event delivered the goods and valuable insights to the audience, which included people from the creative / content industries, as well as technologists, legal practitioners, academics and government agencies. Kudos to MusicAlly, the event organiser, and to Bill Rosenblatt, (conference chair), for a job well done.

Next Stop: I’ll be discussing key issues and trends with Digital Economy and Law at a 2 day event, organised by ACEPI,  in Lisbon. Watch this space.