Tag Archives: patents

Experts at IPAS 2017 will explore growing disregard for IP rights

At a time when the value of IP rights under attack by businesses, individuals and the courts, the first IP Awareness Summit will examine the reasons and possible responses.

The Intellectual Property Awareness Summit, which will take place in Chicago on November 6, is the first conference to address the role of IP understanding – and the lack of it – in innovation, ideas and value creation.

IPAS 2017 (subtitle: Enhancing value through understanding) will examine what are acceptable behaviors on the part of IP holders and users, and consider the rapid rise in Internet IP theft and “efficient” patent infringement, as well as distinguish between legitimate and abusive licensing.

IPAS 2017 is being held by the Center for Intellectual Property Understanding (CIPU) an independent non-profit, and Chicago-Kent College of Law, Illinois Institute of Technology.

IP owners – including patent, copyright and trademark holders – organizations, executives, investors and inventors from several countries will be attending. For information about the program, panelists and partners, go here

For a post about the need for broader and better non-legal IP education on the IAM blog written by Manny Schecter, Chief Patent Counsel of IBM and a CIPU board member, go here.

For more information about the Center for IP Understanding, started in 2017, go here.

Conference attendance is by invitation. Persons who would like to request an invitation can write to registration@understandingip.org.

Image source: IPAS2017

Automakers and tech giants are locked in a strange patent race

At time when patent certainty and value are under attack, global automobile manufacturers are competing with major technology companies for IP rights to the future, especially driverless cars. 

The race is reminiscent of the competition between financial institutions, bigtech and fintech start-ups to control innovations in transactions, including those that relate to blockchain.

The automakers, like the banks, have traditionally cross-licensed each other in an effort to maintain patent peace and keep their franchise exclusive. It has yet to be determined if those participating in new technologies will wish to be similarly collaborative. Businesses like Google, Apple and Amazon certainly have the resources  and leverage to enforce inventions, if they choose to, or even buy a competitor.

The WSJ reports that a large part of filing in the auto industry has been with regard to self driving and connected cars, with 65% of GM’s filed patents in this area. Toyota, with more than 3,000 patents filed is by far the leader, but does not appear to figure into the self-driving patent race, choosing to focus on other areas of innovation, like efficiency (see graph below).

“Companies like Google, Facebook, and Apple, are pouring enormous resources into a vision of mobility that focuses on the driver experience,” writes Forbes“— so much so that they have the potential to take away some of the limelight — and profits — from the automakers many presumed would dominate car connectivity and driverless technology.”

Irony

There is some irony in the auto industry and financial patent races, since the Alice decision made software patents difficult to obtain and even harder to enforce. What are they thinking?

It remains to be seen how successful tech giants and disruptive banking and auto tech upstarts will be in competing with established players for innovation and rights – and if and how they will be able to deploy them. (With patents, sometimes leverage is more powerful than revenue.)

Two things are for certain: the source, ownership and importance of transportation inventions are changing; and the desire to secure meaningful patents that can be licensed will increase.

Image source: WIPO, Oliver Wyman; WSJ

Perception of patents & other IP rights is being taken more seriously

Do IP users – both businesses and individuals – view rights like patents and copyrights as potential assets that benefit commerce and society? Or, do they see them as nuisances to be ignored and, in some cases, disdained?

How IP rights are perceived, by whom, and why its starting to receive the critical attention it deserves.

Perception, which is known to affect value in all asset classes, is on the rise. Stakeholders are realizing that even sophisticated audiences are clueless about what IP rights generate, and for whom and that the growing hostility towards them has profound implications.

In the October IAM (out today), The Intangible Investor explores, “The premium on perception,” which highlights recent studies on IP perception. IAM readers can find a copy here.

Recent Studies

Several recent studies that look at how various audiences regard IP rights have set the stage for further research and analysis. They include:

European Citizens and Intellectual Property: Perception, Awareness and Behavior, a research report from the EUIPO, surveyed 26,000 EU citizens in 2013 and then again in a 2016 follow-up, published this year. Its findings show that while 97% of Europeans regard IP rights favorably, 41% of youths 15-24 believe that it is sometimes ok to buy counterfeits and many say they do, especially when cost is an issue.

Gregory N. Mandel, Dean of the Temple University Law School, questions the accuracy with which audiences see the IP system. In two seminal papers, he considers whether a system that is widely misunderstood can be effective. Professor Mandel and his team conducted research experiments with some 1,700 subjects. He has been researching IP and perception for over a decade with some startling results. The Public Perception of Intellectual Property was published in 2015, and What is IP for? Experiments in Lay and Expert Perceptions was this year.

The IP Strategy Report -2Q 2017 from Aistemos, and IP consultancy, edited by Professor Jeremy Phillips, provides additional useful data points regarding IP and perception. In a report published earlier this year that examined how patent disputes are covered by the technology, business and general media, the Center for Intellectual Property Understanding (CIPU) found that technology media are more subjective than other business or general press when it comes to reporting about patent infringement. The report, Patterns in Media Coverage of Patent Disputes, examined 127 articles published in 2016.

 Refusal to recognize the integrity of IP rights is growing. Whether or not this is simply a failure to communicate or a function of self-interest is unclear.

Perhaps the most compelling evidence about U.S. need for IP education was co-written by a Canadian researcher, Dan Breznitz.  What the US should be doing to protect Intellectual Property? appeared in the Harvard Business Review.

Failure to Communicate?

For some audiences, refusal to recognize the integrity of IP rights is growing. Whether or not this is simply a failure to communicate or a function of self-interest is unclear. What is clear is the need to quantify changes in attitude, what motivates them and their impact.

IP professionals have done an exceedingly poor job of explaining patents and other rights, to stakeholders, including their own boards of directors and investors. Perhaps they are fearful of setting the stage for future accountability, perhaps they think no one will care?

Recent attempts to track and understand attitudes toward IP are an important step in the right direction. More work needs to be done. An IP system which the participants do not understand or whose values they do not respect is no IP system at all.

Image source: euipo

 

 

U of Chicago-Booth Business School article is ‘junk’ IP science

An ill-founded attack on U.S. IP rights appearing yesterday in the University of Chicago, Booth School of Business publication, “Pro-Market,” is a sobering reminder that there those who believe that IP rights should be eliminated and are willing to resort to propaganda to make it happen. 

The article, “Intellectual Property Laws: Wolves in Sheep’s Clothing,” is a wakeup call to millions of Americans who believe in innovation, authorship and free-enterprise. It must be read to be believed.

Intellectual Property Laws: Wolves in Sheep’s Clothing by ink Lindsey and Steven M. Teles of the libertarian Niskanen Center, is a bold challenge to prove that IP has meaning in a digital world, and whether most rights can simply be ignored.

Authors Lindsey and Teles cite the much-debunked 2012 Bessen-Meurer research that claims $29 billion in costs to companies as a result of patent litigation.

“In other words,” state the authors, “outside the chemical and pharmaceutical industries, American public companies would apparently be better off if the patent system didn’t exist.”

The authors conclude: “The copyright and patent laws we have today therefore look more like intellectual monopoly than intellectual property. They do not simply give people their rightful due; on the contrary, they lavish special privileges on copyright and patent holders to the detriment of everyone else. Therefore, it is entirely appropriate to strip IP protection of its sheep’s clothing and to see it for the wolf it is, a major source of economic stagnation and a tool for unjust enrichment.”

The Niskanen Center, which Lindsey and Teles are associated, generated almost $2 million in 2015 revenues. The organization’s website does not indicate the sources nor does there their 990 annual statement.

Pro-Market is the blog of the Stigler Center at the University of Chicago Booth School of Business. The article is adapted from their upcoming book “The Captured Economy: How the Powerful Enrich Themselves, Slow Down Growth, and Increase Inequality” (Oxford University Press).

The article, “Intellectual Property Laws: Wolves in Sheep’s Clothing,” can be read here.

Image source: promarket.org

London IP Summit will feature transaction leaders; Washington patent policy event, a US Senator

Two timely IP conferences, one in London focusing on patent deals, and the other in Washington, looking at patent policy issues, will take place in this fall. 

This year’s London IP Summit will be held at the London Stock Exchange on October 16,and feature several of the leading figures in patent licensing and transactions.

So far, they include Stephen Pattison, ARM; Kasim Alfalahi, Avanci; Gustav Brismark, Ericsson; Roberto Dini, Sisvel; Tim Frain, Nokia; and Manny Schecter, IBM.

“The London IP Summit is an industry leading event dedicated to bringing together IP owners, experts and investors to address key challenges and operational issues faced by companies and IP professionals today,” reports LIPS.

“Due to the sensitive nature of the topics discussed, LPS-London IP Summit is the only IP event organised under the Chatham House Rule*, offering safe and secure environment to speakers and to attendees in order to encourage openness and sharing of information. Participation at the event is by invitation only

 * When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.

For the full program or to register go here.

*****

In Washington, DC on November 14, IAM is presenting the 3rd annual Patent Law and Policy conference, “Courts, Congress and the Monetization Landscape,” at the Reagan International Trade Center, across the street from the White House. The event will provide the political background needed to put IP into better context amidst changes.


Coverage includes the latest Supreme Court decisions and the machinations in Congress, to the policies of the Trump administration, the event provides delegates with timely and relevant insights from panelists representing a broad cross-section of the patent community.

Senator Chis Coons (D-Delaware) will be a speaker, as will interim USPTO Director Joseph Matal.  Laurie Self of Qualcomm, a passionate defender of the right to license patents, also will present.

For the Patent Law and Policy program or to register, go here.

Register by October 6 using code ONLINEEB to receive $100 off the standard rate. (CLE credit is available.)

 

Image source: 10times.com; qualitytalks.com

Amazon’s controversial ‘1-Click’ patent will expire September 12

This year’s 9/11 remembrance will be followed but an anniversary of a different sort.

September 12 marks the day that Amazon’s controversial “1-Click” patent is set to expire and the invention placed in the public domain.

One-click has generated significant profits and market share for Amazon over the past eighteen years, but its expiration is expected to have minimal impact on the giant online retailer, whether or not other sites adopt similar transaction practices after the patent expires.

Amazon first applied for a patent on 1-Click in 1997, and it was granted in 1999 in the heart of the Christmas selling season. The core of the invention revolves around storing customers’ payment and address details, so only single click or tap on a smartphone in required to fulfill an order. This means that there are fewer steps to ordering, which is less time-consuming and more seamless.

In 2015, Amazon launched the “Dash” Button, a proprietary method for quick ordering. “Dash Button devices are WiFi-connected devices to place in your kitchen, pantry, or anywhere in your home you use your favorite Prime-eligible products,” says Amazon. “Simply press the button to reorder when you’re running low, and your products are on their way.”

Virtual Dash Buttons, introduced in 2017, are shortcuts to that make it easier to find and reorder favorite products on Amazon’s mobile app and website, and are available for free for millions of products that ship with Prime.

$2.4 Billion

The website Rejoiner says that the 1-Click patent has been worth as much at $2.4 billion to Amazon over the years. Amazon, which licensed the patent to Apple in 2000 for an undisclosed amount, has never been able to secure a patent for one-click for online retail in Europe.

 

Google is already working on a one-click payments system for its Chrome browser, and other browser companies are expected to follow.

Payments.com says that Google’s version of one-click payments will provide customers with a drop-down menu of stored shipping addresses and credit cards when shopping on a participating merchant’s website. The customer can click on the address and card to be used, enter the three-digit security code on the card and hit “pay now.” Other browser companies may choose to use a fingerprint instead of the security code.

Question: Would Amazon, or for that matter an independent inventor, be able to secure and defend a patent on one-click transactions today? It’s highly doubtful.

“Amazon may be prepared to lose its one-click payments advantage,” reports Business Insider, “as it looks to build an edge in other corners of the e-commerce market. For example, it has spent billions to strengthen its logistics and fulfillment operations to position itself as a leader in faster delivery.

“And as consumers increasingly demand speedier shipping, Amazon should benefit from its early investment in this area. Moves like this one indicate that the company is focused on carving out new advantages as the e-commerce space evolves.”

Brand Loyalty 

Amazon was recently issued a patent on a system for an “on demand apparel manufacturing system,” which can quickly fill online orders for made-to-order suits, dresses and other garments. Go here to see how it works. It’s clear that Amazon has not given up on trying to dominate the e-commerce space with inventions that are timely and which it can defend.

Amazon is all about brand loyalty and delivering a wide range of goods, at the best price, quickly. Prime and other customers are unlikely to go elsewhere just because other online stores have the same single button to make purchases easier. With a growing patent portfolio, Amazon is likely thinking of new e-commerce solutions that generate more profits and command more customers.

A good question is would Amazon, or for that matter an independent inventor, be able to secure and defend a U.S. patent on one-click online retail transactions today? It’s highly doubtful.

“Amazon has many different ‘one-click’ patents,” write Rolf Claessen, German IP attorney on Quora. “Which one do you mean? Do you mean all of them? Many also have been invalidated or not even granted – at least in Europe.

“In other countries like Australia, Amazon also could not successfully enforce the patent(see ZDNet). It seems that since about 2011, Amazon no longer tries to enforce the patents to collect royalties. I am not aware of any court action, where Amazon was successful enforcing any of these patents.”

Amazon’s Custom Clothing Patent

 

Image source: forbes.com; nyt.com

Tech pioneer Nolan Bushnell to keynote IPO annual meeting in SF

This year’s Intellectual Property Owners Association annual meeting will feature a presentation by the founder of Atari Computer and Chuck E Cheese’s Pizza Time Theater, Nolan Bushnell.

Another keynote will be presented by John Cabeca, Director of the Silicon Valley USPTO. More than forty service providers, law firms and IP holders will be exhibiting at the three-day even from September 17-19 at San Francisco’s Marriott Marquis.

Mr. Bushnell, an American electrical engineer and businessman, has started more than 20 companies and is a video game pioneer.

He established Atari, Inc. and the Chuck E. Cheese’s Pizza Time Theatre chain. Mr. Bushnell has been inducted into the Video Game Hall of Fame and the Consumer Electronics Association Hall of Fame, received the Nation’s Restaurant News “Innovator of the Year” award, and was named one of Newsweeks “50 Men Who Changed America.”

2017 IPO meeting highlights include:

  • Monday Patent General Session: Alice and the 101 Wonderland

The law on § 101 following the U.S. Supreme Court’s seminal Alice ruling has been a murky morass to navigate.

With district court, PTAB, and Federal Circuit decisions that are all over the map, and calls for the abolishment of § 101, IPO recently introduced a legislative proposal to address the lack of predictability in § 101.

Panelists will discuss these issues, whether the current state of § 101 is promoting or inhibiting innovation, and what if anything should be done going forward.

  • Two Corporate Panels at 11am on Monday
  1. Patent Session: In-House Best Practices: Strategies for Adapting to a Rapidly Changing Environment
  2. Strategic Partnering with In-House Trademark Counsel
    ___________

For the full program, go here. To register, here.

Image source: ipo.org

 

“Turn and face the strange” – Patent values fall to earth; PIPCOs, too

Changes, or should we say “ch-ch-changes,” channeling David Bowie, who reinvented himself repeatedly, have decimated the performance of most publicly held patent licensing companies.

Public IP licensing companies (PIPCOs) are changing their names and restructuring in an attempt to reframe themselves. The move appears part of an effort to shed the past, given that many of these businesses have significantly under-performed the S&P 500 Index.

With patent values at historic lows, a fresh perspective is welcome. But can PIPCOs turn the corner and successfully adapt to changing times (and valuations) in the patent space? Only some are likely to succeed.

A fuller discussion of public IP companies, “PIPCOs adapt to ch-changing times,” can be found in my “Intangible Investor” column in the September IAM magazine, out today. Subscribers can find the piece here. It includes companies that have changed their name or issued reverse splits of their stock. or otherwise reinvented themselves as operating companies with product sales.

A Closer Look

A closer look at the IP CloseUp 30 reveals several significant developments. One trend which financial analysts tend to question is rebranding; another is a reverse split, where a $0.50 stock can suddenly become a $4 one when investors are provided with fewer shares at a higher price.

To casual observers, it can appear that performance has taken off, when in fact the weak stock price is merely being obscured by a diminished public float. Many PIPCOs were formed by a merging a private enterprise into a public shell, which while not disreputable, often comes with baggage.

While one can appreciate different patent strategies – the need to monetize good assets through different business models – the perils of public ownership are ill-suited for the majority of companies whose primary focus is licensing.

Still, there are public and private patent licensing company successes, including Finjan, which has successfully fended off multiple IPRs, Network-1, inventor-owned PMC (Personalized Media Communications), which continues to license, and colleges like Northwestern and NYU, which have scored big on pharmaceutical licensing.  

Stanford University’s patent licensing take in shares of Google are said to be worth more than $300 million.

Image source: wikipedia.org

New certificate program in IAM for non-IP professionals is being offered by the Illinois Institute of Technology

Lawyers are no longer the only people interested in intellectual property rights.

IP underlies practically everything that developed nations invent, author or manufacture. Professionals who are under increasing pressure to understand, help manage and maximize return of patents, copyrights and trade secrets include people like bankers, engineers, paralegals, marketing professionals, administrators, as well as those responsible for financial oversight.

Now, they can get the valuable skills they need to help businesses compete in an ideas-based economy.

Illinois Institute of Technology has announced that it is offering the Intellectual Asset Management (IAM) online certificate program to help to equip a wide-range of professionals to handle key aspects of the IP value life-cycle, including how to acquire Intellectual Property (IP), maximize value, and engage in patent analytics important for success.

Earned Credits

The IAM program’s three courses, which can be completed in twelve weeks, are derived from the IP Management and Markets (IPMM) master’s degree program offered through IIT in conjunction with Chicago-Kent College of Law. While the IAM certificate is an end in itself, those wishing to go on to the IPMM master’s degree program will receive twelve earned credits towards it. For student perspectives about the IPMM program, go here.

The faculty for the IAM program includes Mickie A. Piatt, Program Director, Associate Professor of Law and Deputy Director of the Program in Intellectual Property Law, at Chicago-Kent College of Law. Professor Piatt is a leading IP educator.

Jackie Leimer, who teaches Acquiring IP, was formerly Associate General Counsel, Global Intellectual Property for Kraft Foods, where she managed all aspects of the company’s trademarks and patents, including clearance, dispute resolution and portfolio management (65,000 registrations and 3000 patent families).

Professor Anthony Trippe is the instructor for “Patent Analytics and Landscape Reports for Decision Making.” This course is the first-of-its-kind in patent analysis, and is part of the IP Management and Markets Masters Degree program at IIT. Professor Trippe is an IAM 300 leading IP strategist.

Speed of Change

“The U.S. and other economies are increasingly innovation-based and content-driven,” said Professor Piatt. “Keeping up with the speed of change in intellectual property rights is a best practice not just for lawyers, but for anyone in business, management, finance and other disciplines. It is fundamental to maximizing return on investment. The online IAM program is designed to facilitate understanding of IP dynamics, and how best to participate in the upside of IP rights.”

Graduate degrees and certificate programs for non-lawyers have become increasingly popular. Outside of the U.S., they are being offered in such places as Singapore, Tokyo, Strasbourg, France, Sweden, and London. Some leading U.S. universities are now getting involved.

For more information about the Intellectual Asset Management program, including how to register for the Fall classes, which start on September 10, go here. Early application is August 11.

Image source: iam.iit.edu

 

BofA, JPMChase & Morgan Stanley are top banks for patent loans

Bank of America, JP Morgan Chase and Morgan Stanley are the currently leaders in patent-based lending, according to a recent update of a 2015 study.

Relecura, Inc., a California patent research and analysis company, reports that Bank of American had 60,093 transactions for a total market share of 16.87%. JP Morgan Chase had 45,304 transactions for a 12.72% market share. Morgan Stanley, which was number 11 on the 2015 list, came in at third in 2017 with 24,244 loans and 6.80% of all transactions.

The total number of transactions between 2011 to 2016 were 947,907, consisting of 356,287 applications.

Long History

There is along history of IP-backed bank financing. Businesses of all sizes and types have used it to raise money using patents, copyrights and trademarks as collateral. Distressed businesses tend to use it the most, perhaps when other sources of capital dry up.

In 2015, the key companies securing loans using patents include General Motors, Avago (now Broadcom Limited), Alcatel Lucent and Kodak.

JP Morgan Chase, Bank of America, Citigroup, Wells Fargo, Wilmington Trust, and Deutsche Bank were the top banks doing IP backed financing deals. GE Capital also was an active lender.

Several governments have been major IP lenders, including the China Development Bank, which in 2014 pledged the equivalent of $1.3 billion USD agains a portfolio of 134 patent and 34 trademarks. Korea and Singapore have also been active IP lenders.

Most Active Borrowers

Key sectors doing the borrowing include software and hardware companies. Other active sectors employing IP backed financing include digital data processing, digital communication, IT methods for management, telecommunication, semiconductors, and television & video transmission.

An excellent infographic summary of bank lending on patents can be found, here.

For the full May 2015 presentation, go here.

Image source: Relecura, Inc.

Apple is seeking to cut license royalties paid to record labels

While the share of revenue from streaming paid to record labels and recording artists is rising, Apple Inc., among the fairest licensees in on-line music, is now seeking to reduce record labels’ share of revenue from streaming.

Bloomberg reports that the record labels’ deal with Apple were expected to expire at the end of June, though they are likely to be extended if the parties can’t agree on new terms, according to the people who asked not to be identified.

“Part of negotiations is to revise the iPhone maker’s overall relationship with the music industry.”

The negotiations would bring number two Apple closer to the rate industry streaming leader Spotify Ltd. pays labels, and allow both sides to adjust to the new realities of the music industry. Streaming services have been a source of renewed hope following a decade of decline in the digital age.

Patent holders may believe there is an element of deja vu taking place in music content. Once rock solid copyrights are now subject to renegotiation and diminished revenue because of lost leverage due to lower valuations and easier access. A key will be finding what will make copyrights more relevant again, and creating more competition among streaming services for content.

More Optimistic

Record labels are now more optimistic about the future health of their industry, which grew 5.9 percent last year worldwide thanks to paid streaming services Spotify and Apple Music. They recently negotiated a new deal with Spotify further lowering their take from the service, provided Spotify’s growth continues.

“Apple initially overpaid to placate the labels,” says Bloomberg, “who were concerned Apple Music would cripple or cannibalize iTunes, a major source of revenue.”

For the full Bloomberg article, go here.

Sales vs. Streams 

Though online sales of music have plummeted over the past few years, they still account for 24 percent of sales in the U.S., according to the Recording Industry Association of America. Vinyl record sales also are up but they are still limited to a specialty audience, while CD sale are way down.

According to Billboard, streaming led the U.S. music industry to its first back-to-back yearly growth this millennium and in the first half of 2016 was the single ­highest source of revenue in the U.S. recorded-music industry, ­bringing in $1.61 billion. All three major labels — Universal, Sony and Warner — posted streaming-driven double-digit percent boosts in earnings throughout the year.

The Trichordist, a publication devoted to “Artists for an Ethical and Sustainable Internet,” reports that Spotify was paying .00521 back in 2014, two years later the aggregate net average per play has dropped to .00437 a reduction of 16%.

                     Apple Music generates 7% of all streams and 13% of revenue

YouTube now has their licensed, subscription service (formerly YouTube Red) represented in these numbers as opposed to the Artist Channel and Content ID numbers we used last time. Just looking at the new YouTube subscription service numbers isolated here, they generate over 21% of all licensed audio streams, but less than 4% of revenue! By comparison Apple Music generates 7% of all streams and 13% of revenue.

Apple sits in the sweet spot, generating the second largest amount of streaming revenue with a per stream rate .00735, nearly double what Spotify is paying. But, Spotify has a near monopoly on streaming market share dominating 63% of all streams and 69% of all streaming revenue.

The top 10 streamers account for 99% of all streaming revenue.

New Technology, New Values

IP rights holders, including those with patents and trademarks, need to think through where they fit in the current digital scheme of things, and how much should be expected in a world that finds not paying for others’ intellectual property increasingly acceptable.

For patent holders, the streaming/copyright battle could be the proverbial canary in the mine.

Image source: fortune.com

Up to $600 billion in U.S. IP is stolen annually by foreigners, says report

An IP Commission study finds that foreign sources, especially China, are responsible for the bulk U.S. theft.

Counterfeit goods, pirated software, and theft of trade secrets together represent a “systematic threat” to the US economy of between $225 billion and $600 billion annually, according to the findings of a 2017 research report from the bi-partisan IP Commission, The Theft of American Intellectual Property: Reassessments of the Challenge and United States Policy.

The massive theft of American IP—from companies and universities across the country, from U.S. labs to defense contractors, from banks to software companies—threatens the nation’s security, says the report.

The research, and update of a 2013 report, is the work of the bi-partisan IP Commission and was published by the National Bureau of Asian Research (NBR) NBR conducts advanced independent research on strategic, political, economic and other issues affecting U.S. relations with Asia, including China and Russia.

The Intangible Investor in June’s IAM features a full perspective on the report, “Foreign sources responsible for most IP theft.” Subscribers can find a copy here.

Pioneering Research

Kudos to the IP Commission for establishing a beachhead in the global war to combat IP theft and cyber crime. Its pioneering research provides American and other lawmakers, businesses, investors and the public, with data about IP infringement that are cannot be ignored.

However, the report falls short. Identifying and stopping infringement, including cyber-espionage, should not be restricted to sources outside of the U.S.  The IP Commission’s research zeros in on foreign counterfeit, trade secret and copyright violations. It does not account for increasing domestic patent infringement and copyright abuses, which have profoundly affected the software, recording and other industries, and impacted U.S. jobs.

To be fair, this IP Commission’s focus is foreign IP threats, and it is a daunting task to estimate the financial impact of domestic invention theft on U.S. businesses – not just what gets reported in the press about settlements and licenses.

But speaking to a range of IP attorneys and holders, it becomes clear that much IP abuse comes from domestic IT businesses, Internet providers, streaming services, individuals and others that know they are unlikely to be caught infringing rights or will have to pay for a license. By the IP Commissions own admission, IP theft is less benign than it might appear.

The theft of American IP is not just the ‘greatest transfer of wealth in human history,’ as General Keith Alexander put it; IP theft undercuts the primary competitive advantage of American business—the capacity for innovation.

Inspiration and a Challenge

The IP Commission’s timely report is a challenge to IP holders, and lawmakers alike who are concerned about innovation and commerce. It is a call to examine the source, type, and level of domestic IP rights theft, including patents, on SMEs, inventors, and universities, and how they affect the economy now and are likely to in the future.

The full 24-page update, The Theft of American Intellectual Property: Reassessments of the Challenge of the United States Policy, is well worth reading. Visit  www.ipcommission.org.

The original 2013 report, Report of the Commission on the Theft of American Intellectual Property, is also available and useful for comparison. 

Image source: ipcommission.org; linkedin.com

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