Intellectual Property in ICT and Digital Media: Market Challenges, Solutions and Business Impact Analysis
- ID: 2365931
- December 2012
- 150 Pages
- Mind Commerce LLC
Intellectual Property Rights (IPR) are intended to protect the legal rights of property to the owner includes inventions (patents), trademarks, industrial designs, service marks, commercial names, designations etc. A key factor in disputes is not only the issues of validity and infringement but also a determination of commercial value and potential damages. IPR law in the digital arena is intended to safeguard the legal rights of owners to various assets including architectures, platforms, processes, procedures, methods, and the associated commercialization of applications, products, and services.
IPR has become a significant issue within telecom, ICT, and digital media as there are often many overlapping claims from different companies against each other's applications, products, services, infrastructure, and devices. There has been significant litigation recently within wireless communications, especially in the areas of mobile device user interface, feature/functionality, and applications. This report analyzes IPR within this context with emphasis on recent disputes between Apple, Samsung, Yahoo, and Facebook.
- Exporters, Importers and Traders
- Regulatory and Policy Individuals
- Associations and Technology Groups
- Government and International Bodies
- Business and Financial Institutions
- Corporate and Institutional Investors
- Lawyers, Bankers, Libraries, Embassies
- Patent Offices and Technology Executives
- Venture Capitalists, Consultants and more
1.1 INTELLECTUAL PROPERTY RIGHTS (IPR) LANDSCAPE
1.1.2 ORGANIZATIONAL STRUCTURE OF WORLD IPR SYSTEM
1.1.3 IPR INFRINGEMENT
1.1.4 PROMINENT FIELDS OF IP PROTECTION
1.1.5 OTHER FIELDS OF IP PROTECTION
1.2 DIGITAL MEDIA REVOLUTION: THE NEXT LEVEL OF COMMUNICATION
1.2.2 THE DIGITAL ECO-SYSTEM
1.2.3 INTERACTIVITY: A KEY FEATURE OF CONTEMPORARY DIGITAL MEDIA
1.3 DIGITAL DILEMMA: A CROSSOVER BETWEEN IPR & DIGITAL MEDIA
2.1 FROM THE "MARKET'S MOUTH"
2.1.1 RECENT GLOBAL TRENDS
2.1.2 THE "IPR RED FLAGS"
2.2 ATTITUDE HOLDS THE KEY
2.2.1 PSYCHE OF THE DIGITAL INFORMATION USER
2.2.2 DIFFERENT CONSUMPTION POSITIONS
2.3 INNOVATION'S DYNAMIC DNA
2.3.1 GEOGRAPHICAL SHIFT IN INNOVATION
2.3.2 INCREASED INVESTMENTS IN KNOWLEDGE-BASED INNOVATION
2.3.3 INNOVATION IS INTERNATIONALIZED AND COLLABORATIVE IN NATURE
2.3.4 NON-R&D-BASED INNOVATION
2.3.5 OPEN INNOVATION - A PARADOX
2.4 ONLINE PRIVACY AND DATA PROTECTION
2.5 THE LEGAL LENS
2.5.1 DIGITAL MEDIA ASSOCIATION (DIMA)
2.6 CHALLENGES AND OPPORTUNITIES
2.7 BUSINESS MODELS: A POSSIBLE SOLUTION
2.7.3 TELEVISION& MOVIES
2.7.4 COMPUTER GAMES
2.8 "PAGE 3"LITIGATION BATTLES
2.8.1 APPLE INC. VS. SAMSUNG ELECTRONICS CO. LTD: THE BIG DADDY OF ALL PATENT WARS
2.8.2 YAHOO INC.VS. FACEBOOK INC.
2.8.3 RECORDING INDUSTRY ASSOCIATION OF AMERICA (RIAA) VS. NAPSTER
3.0 KEY FINDINGS
4.0 CONCLUSION AND RECOMMENDATIONS
Table of Figures
Figure 1: Eloqua's 55% Lift in Community Activity with Gamification (copyright: topliners.eloqua.com, 2012 YTD)
Figure 2: Entertainment and Media Revenues in Developed and Developing Countries: 2002-2012 (copyright: Wilkofsky Gruen Associates, June 2008)
Figure 3: Proportion of Industries' Global Revenues Coming From Digital Sales (2011) (Copyright: PWC Global Entertainment & Media Outlook and IFPI)
Figure 4: The Electronic Publication Cycle
Figure 5: Global Trends in IP Applications (copyright: WIPO)
Figure 6: Involved IP Rights by Articles (copyright: European Commission)
Figure 7: Involved IP Rights by Value (copyright: European Commission)
Figure 8: Resident and Non-Resident Applications, 2010 (copyright: WIPO)
Figure 9: Geographical Distribution of IPR Applications, 2010 (copyright: United Nations)
Figure 10: An Integrated Framework for Understanding Consumer Attitudes and Behavior in Copyright Markets in the Digital Age, including the Legality of Choices (copyright: BOP Consulting 2009 & 2010)
Figure 11: R&D Expenditure still comes mainly from high-income countries (copyright: WIPO Estimates, based on data from UNESCO Institute for Statistics, Eurostat and OECD, September, 2011)
Figure 12: China has emerged as a major R&D Spender (copyright: WIPO Estimates, based on data from UNESCO Institute for Statistics, Eurostat and OECD, September, 2011)
Figure 13: Knowledge Investment is the New Buzzword (copyright: WIPO, based on data from UNESCO Institute for Statistics, Eurostat, OECD, World Bank and the World Information Technology and Services Alliances, September 2011)
Figure 14: Global Growth of Researchers (copyright: WIPO Estimates, based on data from UNESCO Institute for Statistics, Eurostat and OECD, September, 2011)
Figure 15: Internationalization of Science (copyright: WIPO, based on data by Thomson in National Science Board 2010)
Figure 16: Changing Sources of Global Scientific Publications (copyright: WIPO, based on data from Elsevier Scopus provided in Royal Society 20111)
Figure 17: Rising Domestic and International Co-authorship (copyright: WIPO,based on Thomas Reuters data in National Science Board 2010)
Figure 18: Increasing Collaboration among Inventors (copyright: WIPO Statistical Database, July 2011)
Figure 19: Global R&D Spend Annual Growth Rate - 2001 to 2011 (copyright: Bloomberg Data; Booz and Company Innovation 1000 articles in strategy + business; Booz and Company analysis)
Figure 20: Computing & Electronics, Healthcare & Automotive Top the List of Global R&D Spend (copyright: Booz and Company - 2012 Innovation 1,000 Making Ideas Work)
Figure 21: Firms in Middle- and Lower-Income Countries Invest in Machinery & Equipment to Innovate (copyright: Zuniga (2011) based on Innovation Surveys)
Figure 22: Side-by-side Comparison of "Clash of the Olympians" & "Achilles Defense" (copyright: Ironhide Game Studios& PTT Inc)
Figure 23: Osterwalder & Pigneur's (2010) Business Model Map (copyright: www.businessmodelgeneration.com)
Figure 24: iOS Icon List (left) Vs. TouchWiz'd Icon List (right) (copyright: The Verge, 2011)
Figure 25: Drawing for Patent # D618, 677: iPhone 3G/3GS Design (copyright: The Verge, 2011)
Figure 26: Drawing of Apple's U.S. Patent # D618,677 (copyright: The Verge, 2012)
Figure 27: Drawing of Apple's U.S. Patent # D593,087 (copyright: The Verge, 2012)
Figure 28: Drawing of U.S. Patent # D604,305 (copyright: The Verge, 2012)
Figure 29: Drawing of U.S. Patent # D504,889 (copyright: The Verge 2012)
Figure 30: Drawing of Yahoo U.S. Patent # 7,373,599 (copyright: CNET, 2012)
Figure 31: Photo of the Ghent Lens Developed at Ghent University, Belgium (copyright: Business Insider, 2012)
Figure 32: Photo of what the Google Glass Looks Like (copyright: Business Insider, 2012)
Figure 33: Illustration of Microsoft's Patent (copyright: Business Insider, 2012)
Figure 34: Illustration of Apple's Patent (copyright: Business Insider, 2012)
List of Tables
Table 1: Taxonomy of Media & Entertainment Services (copyright: Deloitte Analysis)
Table 2: Stakeholders' Interests and Impact on long-term digital media preservation
Table 3: Stakeholders' Priorities & Concerns
Table 4: USTR's 2012 Special 301 Trading Partners' Placements (copyright: Office of the United States Trade Representative (USTR))
Table 5: Top 1,000 Global R&D Spenders from Middle-Income Nations, 2009 (copyright: WIPO, based on Booz and Company Global Innovation 1,000 database)
Table 6: Heist Records: Performing Musician Business Model (copyright: Intellectual Property Office, 2011)
Table 7: Heist Records: New Talent Development Business Model (copyright: Intellectual Property Office, 2011)
Table 8: Heist Records: Computer Games' Music Development Business Model (copyright: Intellectual Property Office, 2011)
Table 9: Tern TV: Television Production Business Model (copyright: Intellectual Property Office, 2011)
Table 10: Tern Digital: Multimedia Production Business Model (copyright: Intellectual Property Office, 2011)
Table 11: YoYo Games: Games Development and Selling Tool Business Model (copyright: Intellectual Property Office, 2011)
Table 12: YoYo Games:Games Publishing Business Model (copyright: Intellectual Property Office, 2011)
Regulatory Organizations and Industry Associations in Report:
- World Trade Organization (WTO),
- World Intellectual Property Organization (WIPO),
- United States Patents and Trademark Office (USPTO),
- International Trade Administration (ITA),
- Department of Justice (DOJ),
- Department of Homeland Security (DHS),
- Food and Drug Administration (FDA),
- Copyright Office,
- United States Agency for International Development (USAID),
- United States Trade Representative (USTR),
- United States International Trade Commission (USITC),
- Intellectual Property Enforcement Coordinator (IPEC),
- International Federation of Phonographic Industry (IFPI),
- U.S. Chamber's Global Intellectual Property Center,
- Organization for Economic Co-operation and Development (OECD),
- China's Intellectual Property Office,
- European Commission,
- University College London (UCL),
- Work Foundation and NESTA,
- IPSOS MediaICT, Harvard University,
- Euro State,
- Information Technology& Innovation Foundation (ITIF),
- Recording Industry Association of America (RIAA)
Companies in Report:
- NBC Universal
- Envisional Ltd
- Bit Torrent
- Daily Motion
- Mega Video
- Mega Upload
- Rapidshare HotFile
- British Library
- PetroChina Co. Ltd.
- Vale SA
- ZTE Corp
- China Railway Construction Corp.
- Petroleo Brasileiro SA
- China Petroleum & Chemical Corp.
- A-Power Energy Generation Systems Ltd.
- Dongfeng Motor Group Co. Ltd.
- China Communications Construction
- China South Locomotive and Rolling Stock Corp.
- Lenovo Group Ltd.
- Metallurgical Corp. of China Ltd.
- Byd Co. Ltd.
- Tencent Holdings Ltd.
- Shanghai Electric Group Co. Ltd.
- Semiconductor Manufacturing International Corp.
- Shanghai Zhenhua Heavy Industry
- China CNR Corp. Ltd.
- Tata Motors Ltd.
- China Railway Group Ltd.
- Dongfang Electric Corp. Ltd.
- Infosys Technologies Ltd.
- CPFL Energia SA
- Dr. Reddy's Laboratories Ltd.
- Lupin Ltd.
- Empresa Brasileira de Aeronautica
- Reliance Industries Ltd.
- Sun Pharmaceutical Industries Ltd.
- Harbin Power Equipment Co. Ltd.
- China National Materials Co. Ltd.
- Welchal Power Co. Ltd. Baidu Inc.
- Shanda Interactive Entertainment Ltd
- Totsv SA
- Gold Corporation
- British Airways
- Pirate Bay
- Ironhide Game Studios
- PTT Inc
- MGM Studios
- Tern TV
- Channel 4
- HMV Group
- YoYo Games
- NTT DocoMo