Workshop at the Belgian institute of In-House Counsel. On how technological changes revolutionize the use of Intellectual Property Rights. How In-House Counsel can play a key role to create more value for the business by understanding and using those changes.

1. Technological (r)evolutions
!
IBJ-IJE Academy 2014
20 March 2014

2. Goal

3. Method

4. 1. Importance of Intangibles
2. Intellectual Capital vs Intellectual Property
3. Protection vs Use
4. Technology

6. Intellectual Capital vs IP
INNOVATION IDENTITY
™
www.mysite.url

7. New forms of Intellectual Capital
• Community (e.g. Lego)
• Open Source
• Creative Commons

8. What is Open Source?
• Freedom to run (use)
• Freedom to understand (study)
• Freedom to change
• Freedom to distribute

9. Categories of OSS licenses
“Artistic”
Licenses
No
Copyleft
Weak
Copyleft
Strong
Copyleft
MIT
BSD
Apache LGPL
GPLv2
GPLv3
AfferoGPL
Current count
(www.opensource.org)
70 licenses

10. Creative Commons

11. Open Data
• public
• private

12. Open HR

13. Protection v Use
Right to Right to
Positive Negative
™www.mysite.url

15. Exercise - protection for use

17. Big Data &
Digitization

18. The story of
the wheat on
the chessboard
18,446,744,073,709,551,615
=
264
-­‐
1

19. • Earth mass
= 5.97219 x 1024 kg
• Wheat mass (1 grain = 1g)
= 1.8446 x 1016 kg
• Wheat mass
= 1/100,000,000 Earth
• 2013 grain production
= 2,140 Million Tonnes
(= 2.140 x 1012 kg)
• Wheat mass
= 10,000 x 2013 production

20. Big Data
• The amount of data
doubles every 18-24
months
• 90 % of all data in
the world was
created in the last 2
years
• most data is
generated by users,
sensors or
machines

21. Patents (US only) Linear scale

22. Patents (US only) Log scale
doubling time:
1963-1990: 27 y
1990-2009: 19 y

23. Prior Art
doubling time: 2 y

24. Exercise - patent strategy

26. Personalization
and the rise of the
Consumer-Maker

27. Cost
of
copying
goes
to
zero

28. Cost
of
personaliza?on
goes
to
zero

29. Which
one
is
a
copy?1
2
3 & 4
5

30. Exercise - what is a copy?

33. Open Source &
Open
Innovation

34. “99% of the Global 2000 will include Open Source Software (OSS) in their
mission-critical software portfolios by 2016.” (Gartner 2011)

35. Why?
Security – Linus’s Law (named after Linus Torvalds, Linux creator and
OSS pioneer) states, “Given enough eyeballs, all bugs are shallow”. OSS
offers enhanced security by leveraging the strength of its developer base
to quickly identify and fix bugs.!
!
Quality – OSS offers immensely better quality of code. Imagine
thousands of developers constantly striving to innovate and contribute to
an OSS versus a handful of developers shipping out a licensed software
package.!
!
Trial & Support – OSS also offers great trial and support options. As the
code is free, organizations can try it out at will, and with hundreds of
communities and online forums of open source developers, support is
never far away for the users.!
!
Flexibility – Other benefits come in the form of amazing customizability,
freedom and flexibility the code offers. Organizations typically tweak the
code with minimal effort to best match their requirements, a relatively
well-known example being that of Goobuntu, a ‘long term support’ version
of Ubuntu developed and used in-house by Google.

36. Open Source Hardware

37. “Open innovation is a paradigm that
assumes that firms can and should use
external ideas as well as internal ideas,
and internal and external paths to
market, as the firms look to advance
their technology”
!
Henry Chesbrough
Open Innovation

38. Exercise - OS criteria

39. TECHNOLOGY
NOVELTY EFFICIENCY
(product) (process)
FUNCTION
SPECIFIC GENERIC
(customer) (producer)
CONTENT
QUALITY QUANTITY
(knowledge) (data)
RelaEveGweightG
Community

41. Peer-to-Peer &
the Crowd

45. Social Media
“Technology and social interaction for the co-creation of value”

46. value

47. Exercise - Annual Accounts

48. IP?

49. General Conclusions
1. The IP Paradigm is changing
2. The use of IP/Intellectual Capital is changing
3. Technology cycles are shortening
4. Technology itself is threatening IP old style

50. Everything becomes software

51. Use v Protection

52. Use > Protection