Research

Developing robust empirical research on topics related to intellectual property is at the core of 4iP Council’s work. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success. Our research is conducted in accordance with agreed methodological principles.

Research, analysis and commentary


Blockchain and Copyright Issues

by Maximilian Kiemle, LL.M. student at KU Leuven in Belgium.

Blockchain and Copyright Issues

This paper examines the use of blockchain-based copyright registries. It highlights associated issues and explores the viability of a number of legal and technical responses.

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Categories: Digital Platforms, IP Enforcement, Student Contribution

What is artificial intelligence and why does it matter for Copyright

by Anastasiya Kiseleva, LL.M. student at Leibniz Universität Hannover in Germany.

What is artificial intelligence and why does it matter for Copyright

The main purpose of this article is to show the importance of understanding of nature and features of artificial intelligence (AI) in order to be able to effectively address legal issues posed by AI in the copyright area.

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Categories: Artificial Intelligence and Data, IP Enforcement, Student Contribution

Portability in Datasets under Intellectual Property, Competition Law, and Blockchain

by Dr Björn Lundqvist, Associate Professor of Law, Stockholm University

Portability in Datasets under Intellectual Property, Competition Law, and Blockchain

This summary attempts to identify which legal systems are applicable when data is obtained from devices, sent to other devices, and/or distributed to the Cloud, and, ultimately, when it is reused. The author specifically focuses on the application of competition law vis-à-vis the firms included in the standardisation of the Digital Economy. The author’s full paper on this topic can be found on the SSRN website.

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Categories: Artificial Intelligence and Data, Digital Platforms, IP and Competition Law

A FRAND Regime for Dominant Digital Platforms

by Mathew Heim and Igor Nikolic

A FRAND Regime for Dominant Digital Platforms

This study explores how European policy and legislation has traditionally applied the ‘fair, reasonable and non-discriminatory’ or FRAND regime in order to ensure access to critical goods or services. This regime provides inspiration in the on-going debate around dominant digital platforms. The authors of this paper are Mathew Heim, Tanfield Chambers and Dr. Igor Nikolic, University College London.

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Categories: Access, Digital Platforms, Digital Single Market, European Commission, FRAND, IP and Competition Law, Legislation, Policy, Regulation, SMEs, Standardisation

Standardisation, Open Source, and Innovation: Sketching the Effect of IPR Policies

by Martin Husovec. Assist. Professor, Tilburg University (Tilburg Institute for Law, Technology, and Society & Tilburg Law and Economics Center)

Standardisation, Open Source, and Innovation: Sketching the Effect of IPR Policies

This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”. This summary is drawn from the following paper: Husovec, Martin, Standardization, Open Source, and Innovation: Sketching the Effect of IPR Policies (July 18, 2018). Forthcoming in Jorge Contreras (eds.) Cambridge Handbook of Technical Standardization Law (CUP 2019); TILEC Discussion Paper No. 2018-034. Available at SSRN: https://ssrn.com/abstract=3215769

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Categories: Licensing, Open Source Software, Standardisation

Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context

by Jingze Li. Tilburg University, (Tilburg Institute for Law, Technology, and Society)

Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context

This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”. It is drawn by the author from a paper first published by the ITU: J. Li, "Intellectual property licensing tensions in incorporating open source into formal standard setting context — The case of Apache V.2 in ETSI as a start," 2017 ITU Kaleidoscope: Challenges for a Data-Driven Society (ITU K), Nanjing, 2017, pp. 1-8. The paper is available for download in the IEEE document library. An extended version of the paper has been submitted to the European Journal of Law and Technology and will available under SSRN.

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Categories: Licensing, Open Source Software, Standardisation

Evaluating the EC Private Data Sharing Principles: Setting a Mantra for Artificial Intelligence Nirvana?

by Dr. Begoña Gonzalez Otero. IP Researcher and Consultant

Evaluating the EC Private Data Sharing Principles:  Setting a Mantra for Artificial Intelligence Nirvana?

This article talks to recent European Commission communications on data trading and artificial intelligence with a focus on the Commission's “Guidance on Sharing Private Sector Data in the European Economy” which came with a working document: “Guidance on Sharing Private Sector Data in the European Data Economy”. Do these principles set a viable legal framework for data sharing or this public policy tool is merely a naïve expectation? Moreover, would these principles set a successful path toward a thriving European AI advancement? The author tries to sketch some answers to these and related questions.

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Categories: Artificial Intelligence and Data, Digital Single Market