11.03.

2019 Understand ng the new role of IP management w th n the d g tal transformat on n ndustry and commerce - IP for Bus ness

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18. Mai 2017  Alexander J. Wurzer  ABB, BASF, Gib deine E-Mail-
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participan zu erhalten.
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discusse
d the new Abonnieren
challenge
s for
manage Neue Beiträge
ment in
the context of the digitization in Strasbourg. The
revolutionary changes are a ecting all institutions within Erfahrungsaustaus
innovation systems, like industries, universities and ch zum IP-Design
public institutions. The conference had a true beim
interdisciplinary set up with speakers and audience Wirtschaftsverban
d Industrieller
having economic, legal and technology background as
Unternehmen der
well as scholars, practitioners and representatives from
Schwarzwaldregio
institutions like the European Patent O ce, WIPO and the
n 5. März 2019
United States State Department. Mit neuen,
CEIPI the Center for International Intellectual Property digitalen
Markenformen und
Studies, BETA the Bureau for Economic Theory and
Digitalpatenten
Applications and I3PM the International Institute for IP
Geschäftsmodelle
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Management organized this Conference on Intellectual im Cyberspace

Property and Digitization at MISHA the Maison schützen: KPMG
Interuniversitaire des Sciences de l’Homme in Strasbourg unterstützt Start-
on 4th May 2017. ups 28. Februar
2019
In their welcome address, Prof. Christoph Geiger, Prof. Digitalpatente
Julien Pénin, Xavier Seuba and Peter Bittner emphasized erfolgreich
the interdisciplinary approach of the event. They stated durchsetzen
that the digital transformation is not a new topic, but that beginnt beim
it becomes more and more ubiquitous. As a richtigen
Formulieren der
consequence the dynamics of IP management issues is
Patentansprüche
getting higher and the profession of IP managers
25. Februar 2019
becomes more important in companies which have to
Skilling me
cope with the transformation as well in their value chain
Softly: Schutz
as in their products and services. It is also more and more digitaler
becoming a fact that companies have to deal with new, Geschäftsmodelle
digitized business models, digitized business processes Startup-Seminar
and new smart digital products. This culminates in the bei der KPMG 22.
statement: What can be digitized will be digitized. Februar 2019
Arti cial
  Intelligence and
  Intellectual
Property: 2nd
First part – Dedicated to Digital Transformation Advanced Training
and Risk Management Program 2019 at
CEIPI 21. Februar
2019

Top Beiträge &

Seiten

CEIPI MIPLM
2018-19 starts with
lecture module on
IP strategy and
digital
Chair: Julien Pénin, Professor in Economics,
transformation
BETA, University of Strasbourg
Arti cial
Intelligence and
Keynote No. 1: Fostering Innovation in Digital
Trade Intellectual
Property: 2nd
 
Advanced Training
Program 2019 at
Digital Transformation forces us to make
CEIPI
regulatory tradeo s. The recommendation is
to improve the global interoperability for
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digi Understanding
tal the new role of IP
tra management
within the digital
de
transformation in
–
industry and
red
commerce
uci
ng
inte Schlagwörter
rna
tion Keith Maskus – Chief Economist for United Arti cial
al Intelligence Big
States State Department, Arts and Sciences Data Blockchain Brand
tra Professor of Distinction and Professor of Management

de Economics at the University of Colorado Bolder. Business

bar Model Career
China Claim Drafting
riers. Cloud Computing
Compliance Digital
Brand Digital Farming
Europe is on its way to a single digital market which is a Digital
huge challenge. Traditional trade becomes more and Patent Digital
more e-commerce and what we see is just the Transformatio
beginning; digital services have the potential to be n
transformative for all kinds of sectors. The Size of the Digitizatio
digital economy is huge and growing. According to a n Education
2016 study: The value of the EU data economy was Enforcement FRAND
Gas Industry
estimated at EUR 257 Billion in 2014 (around 1.85% of EU
GDP) up to EUR 272 Billion in 2015. For the improvement
Industry
of cross-border digital trade, we need a supportive
4.0
Innovation
framework for example in copyright protection, a
Innovation
balance between creative participants and structure Management
limitations and exceptions. For example: Internet provider Innovation
liability rules, treatment of data privacy, risk management Prozess IOT IP-
and anti-fraud enforcement have serious consequences Design IP-
for business models. Maskus states the necessity of Managem
global interoperability of digital markets, to lower
international trade barriers in order to reducing
ent IP Service World

transaction costs. Example copyrights and high

IP
transaction costs for fragmented licensing systems: We Strategy
Licensing
have to solve a dilemma and balance between Methodology
permissive use for digital creativity and the need to Organization
Patent
permit content providers control. The digital environment Infringement
Product Development
makes this tradeo both harder to devise and easier to
Quality
Profession
enforce. Maskus presented a long research agenda for
Management
much better data on international digital trade and based Risk Management
Smart Factory
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on the need of a framework right for creativity and Smart Home SME
Software Patent
competition. Standardisation
Standardization
Start-Up
First Panel: The Digital Transformation – From Telecommunication
Freedom to Operate to Risk Management Tools
Sean
O’Connor
Kategorien
– Boeing
Internatio
Career /
nal
Education
Professor,
CEIPI /
Director
MIPLM
for
Fellowhip
Advance
Program
d Study & Job Posting
Research Research
on Innovation Policy (CASRIP), University of Washington Project
School of Law. WOIS

Gaetan Rassenfosse – Assistant Professor, Holder of the Companies

Chair on Innovation and Intellectual Property Policy, ABB
Ecole polytechnique féderale de Lausanne ABUS
Aesculap
Alissa Zeller – Vice President Global Intellectual
Apple
Property, BASF ARRI
Audi
Francesco Lissoni – Professor of Economics at Groupe
B.Braun
de Recherche en Èconomie Thérique et Appliquée
BASF
(GREThA), University of Bordeaux
Bertrandt
Sean O’Conner: Preemption, Abstract Ideas and BLANC &
Digitization. Business is more and more transforming FISCHER
from selling physical products to selling services. One of BMW
Bosch
the key questions in this context is, how to construct and
Broadcom
organize the selling process. Advocating continued
Claas
exibility of innovative business models while rejecting
Deutsche
one-size- ts-all imposition of sale transactions. One Telekom
challenge is the question, what we really buy and own in Fraunhofer
a digital economy. What we see is an ongoing Google
transaction exibility and heightened scrutiny of user Hilti
contracts. IFM
KUKA
Gaetan Rassenfose: The Burden of Knowledge in the Linde /
Age of Data Science. What is the future of the “inventive Praxair
step concept” when we have machines which are able to MHP
make invention on their own? Gaetan presented an Microsoft
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example: Time of Flight based imaging systems to show Nestlé

the di erent relevant knowledge sources: technical Novartis
knowledge, industry knowledge (consumer products) OSRAM
and social knowledge (gesture steering). More and more Philips
Phoenix
information and knowledge is out there in the
Design
information space and has the consequence of
Porsche
narrowing human expertise. Research becomes more
Rittal
and more a search for existing knowledge and a Schneider
recombination of that: The challenge is that invention Schöck
must also integrate other forms of knowledge. Existing Siemens
solutions are team work, lead user innovation and open Swarovski
innovation. Data science could be a solution to reduce Thyssenkrupp
costs of inventing. Therefore we have to face the Viessmann
upcoming discussion of patentability of computer-made Voith
inventions (complete automated inventions). This is a Vorwerk
VW
challenge for the future of the patent system (incentive
W.O.M.
to invent rationale).
WILO
Alissa Zeller: In uence of Digital Transformation on DIN77006
Freedom to Operate Processes in the Chemical
QIMIP
Industry. How can we make sure, that we are well
aligned with the compliance policy of the company European
Commission
when adopting a “from FTO to risk analysis approach”?
European
Alissa gave insights from the chemical industry, freedom
Patent O ce
to operate, digitization (smart manufacturing – predictive
Publications &
maintenance, new business models) and described the Events
change in the chemical business: From long termed R&D
Books &
and long product cycles (one molecule, one product,
Recensions
empirical technology framework) towards complex
Case Studies
inventions including IT. The Chemical industry is not Conference
driven by discrete technology anymore; it becomes Event
cumulative and complex like the electronics, IT and
CTO Forum
computer industry. Three di erent FTO-approaches are
in place at BASF right now: Chemical invention – classic Dieselmedaille
FTO; IT invention – risk-based FTO and cross over German
invention – both FTO approaches combined. IP Innovation
management is looking for an alignment with the BASF Award
compliance system in terms of probability of litigation Rat für
and impact on the business matrix analysis. IP risk Formgebung
management combines technical circumvention, stop of Presentations
the project, preparing for defense to litigation, careful Press /
communication, voiding countries of high risk, Interviews
indemni cation of third parties and cross-licensing as risk Seminar /
management tools including LOT (License on Transfer) Workshop

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Network. BASF is looking for arti cial intelligence based Executive

products for being able to improve: White space analysis, Management
invalidity analysis, risk assessment analysis, case law Days
analysis and infringement analyses. Forum
Seminare
Francesco Lissoni: Patent Landscaping and the Role of
Surveys
Information on Inventors. His key question was: How
Tools /
trustful is information on inventors? Inventor data is
Software
available in the digital space, but the quality of this
information in patent documents is an issue. Is
inventorship an attribution (or a misallocation)? Should
Archive
inventorship be part of the disclosure (personal
information) and how right is the information about März 2019 (1)
inventors on patent documents? There are empirical Februar 2019 (8)
signals to be in doubt whether the persons named on Januar 2019 (6)
the patent are the true inventors. There are incentives for Dezember
legitimate authors and ex post correction of inventorship. 2018 (6)
Today, no checks for inventorships are done. November
2018 (4)
Part two: About Big Data – Questions of Oktober 2018 (5)
Ownership and Use of Data August 2018 (4)
Juli 2018 (5)
Juni 2018 (3)
Mai 2018 (7)
April 2018 (1)
März 2018 (5)
Februar 2018 (7)
Januar 2018 (6)
Dezember
2017 (3)
November
2017 (6)
Chair: Xavier Seuba, Senior Lecturer and
Oktober 2017 (5)
Academic Coordinator, CEIPI, University of
September
Strasbourg.
2017 (1)
August 2017 (4)
 
Juli 2017 (6)
 Keynote No. 2: Big Data – Ownership and Use in Juni 2017 (6)
the Digital Age. Mai 2017 (3)
April 2017 (8)
Reto Hilty gave an overview on the legal framework for
März 2017 (3)
data protection and his recommendation was a
Februar 2017 (5)
(regulated) self-regulation as a policy target. The data Januar 2017 (6)
issue itself is not new – but the volume and nature in Dezember
combination with ubiquitous connectivity and computer 2016 (5)
technology determines a new quality. Di erent Oktober 2016 (3)

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metaphor September
s are 2016 (3)
used by
authors:
data as Administration

oil,
Anmelden
oxygen,
Beitrags-Feed
catalyst
(RSS)
or
Kommentare als
infrastruc RSS
ture (not WordPress.org
only from private but also from public authorities). The
world becomes smarter. The EU commission tries to
keep pace with the commercialization of data. There are
di erent elds of regulation: ownership of data, access to
data (incl. the use of data). There are similarities to the
100 year old discussion whether we need ownership to
inventions. When thinking about ownership of data
(property and possession), the concrete context matters.
Three kinds of data should be distinguished: data of
technical/factual nature (machine data, meteorological
data, market stock exchange data), personal data (health
data, consumer behavior, preferences on internet/social
networks, movement data from cell phones or apps) and
in-between those “person attributable” data. Google
maps with tra c information could be seen as an
example for this kind of data. The use of data, in terms of
collection, processing and function, can be regulated
depending on the relevant category – and accordingly
di erent conditions for the ownership of data can be
attributed. Access to data: value lies for example in tra c
data, where “attributable” data is used. It is important to
distinguish the concepts of legal ownership and factual
exclusivity. Reto discussed the General Data Protection
Regulation from the European Union and put forward the
question whether we rather need regulation or
deregulation.

Second Panel: Big Data – Ownership and Use in

the Digital Age
Timo Missen – Professor, Centre Information and
Innovation Law, University of Copenhagen
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Aida
Dolotbae
va –
Legal
O cer,
Patent
Law
Division,
WIPO

Cedric
Manara –
Senior Copyright Counsel at Google

Claudia Jamin – Group Vice President, Head of IP

Operations Europe, ABB Asea Brown Bovery Ltd.

Emmanuel de Cuenca – Senior European Patent

Attorney, Air Liquide

Timo Minssen: The Interface between Big Data, IP and

Competition in the Health and Life Sciences. He
explained the overlapping issues of big data, competition
law and IPR. His recommendation is a recalibration of IP
regulation within six overlapping IPR & related “sui
generis” rights, which are relevant for big data (patents,
copyright, trademarks, data base protection, trade
secrets regulatory exclusivities) and competition law and
IPR. He sees overlapping problems at the interface of big
data & IPRs in health & life science: 1. IPRs,
standardization & competition law 2. Large research
infrastructures 3. Public involvement & IPRs 4. IPRs, data
transparency & sharing initiatives 5. R&D incentives in
precision medicine.

Aida Dolotbaeva: Big Data Analystics in the Patent

World. Big data approaches within the prosecution
process are searched to cope with the massive global
growth of patent lings. Big Data has an impact on the
patent system, especially due to the concept of novelty
(absolute novelty), based on the concept of prior art. The
number of patent lings grows every year on a global
basis. Problem is the back log within the institutions. The
typical examination time is worldwide around 8 years.
Japan tries to use arti cial intelligence technologies to
search for prior art. Automated search attempts are used
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by di erent patent o ces. Big data processing

capabilities are a scenario for the transformation of the
patent system. Using big data is on its way in the
direction of the patent system.

Cedric Manara: Copyright and Big Data – a View from

the Industry. He explained that machine learning can be
a ected by copyrights and his perspective is that big
data is a new layer upon the copyright law. Deep learning
is used for training machines to perform a speci c task.
Processing large sets of data is useful, getting a ordable
and risky – unbeknownst to many – if the data is
protected by copyrights. There is a topology of
constraints, which has its origins in existing copyright
regulation and this introduces di culties in
administration and research: existing EU copyright laws
restrict machine learning by treating data processing as
copyright-relevant acts. Indirectly this issue encourages
biased research, based on low-risk sources and prevent
the full publication of results and thus the improvement
of research. Especially in the eld of arti cial intelligence
this is an important issue. The upcoming directive on
copyright in the digital single market (proposal) gives
Google which is using data within the concept of “non
expressive use” an issue to think about the current
politics. Big data is a new layer upon the copyright law,
big data is outside of the copyright law box.

Claudia Jamin: Digitization – the speedy Change of

ABB and how IP Management is a ected. She
described the industry 4.0 transformation of ABB and
asked the question who should be the typical IP
manager of the future. Industry 4.0 provokes a revolution
inside of ABB. The internet of things is related to things
(products), robots, motors, switch gears and controllers.
ABB and Microsoft cooperate to drive the digital
industrial transformation. The goal is to enhance the
competence for a traditional industry with an intelligent
cloud. ABB and IBM are partnering for industrial arti cial
intelligence solutions. 70 Mio. connected devices, 70.000
digital control systems and 6.000 enterprise software
solutions are used as a source for machine data. Data is
already a part of the business model of ABB. This is
leading to a challenge for IP management. Which

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approach should be used: lean capital data industry vs.

heavy capital hardware industry? There is an ongoing
change of the competitive environment (cooperation
partners of today, competitors of tomorrow). The
challenge concerns the ownership of (big) data, and how
we can protect ABB within contract regulations instead
of legal protection. When we look at negotiation of
ownership, exclusivity, licenses etc. joint vs. contract
development, who owns results of learning of tools and
apps which are owned by cooperation partners, data use
of competing customers from learning apps needing
customer data? One important aspect in such situations
is e ective con ict handling: Who is entitled, who has
which standing and who is the other side?

Emmanuel de Cuenca: Big Data: IP Challenges and

Opportunities, a View from Industry. He gave insights to
Air Liquide, their digitally enhanced business models and
the bunch of very practical IP-related business
challenges. The ow of data is increasing in the gas
business. Air Liquide already developed and delivered
digital products. Industrial & medical assets with data are
returnable assets, remote assets and production assets
for optimizing costs – to improve plant performance. Big
data means the 3V: Volume, Variety and Velocity. Use of
big data is in the eld of description (business
intelligence), prediction (predictive maintenance),
prescription (operation plani cation) and cognition
(decision making). Data aggregation & analysis brings
deep insights on Air Liquide business but also insights for
competitors. The main issues are the need for contract
protection, the patentability of software solutions, the
need to sort inventions vs. mere “mathematical
optimization” business methods and applications, the
man to machine interface (patentability remains low) and
the use of open source software codes (free software
license compliance issues).

Part three: Software, Computer Implemented

Inventions and Exploitation

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Chair: Christophe Geiger, Professor, Director

General of CEIPI, University of Strasbourg

Keynote No. 3: IPM and Open Innovation –

Convergence and Divergence in IoT

The
re is
a
chi
cke
n-
egg
-
inte
rde
Bowman Heiden – Deputy Director, Center for
pen
Intellectual Property, University of Gothenburg
den
cy
of business- and IP strategy. This explains,
why IP-strategy discussions without a deep
understanding of business makes no sense.

Chicken – egg: business-strategy and IP strategy. Bo

presented a picture of IP as entrepreneurship – as a tool
for business success. IP comes from blocking and leads
to a building block of business models. He explains the
ongoing change in direction coming from a primary
product focus going more and more to a technology
market focus. Physical products have the strong
tendency to become a commodity whereas know-how
and services become a critical source of competitive
advantages. Technology trends force business decision
makers to think about the impact of technology

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convergence on our current and future value proposition.

Business People would like to say “patent me there” – “I
want to be there”. This means that IP people have to
make sure that the company can be there for its future
business with exclusivity against its competitors in front
of its customers. Business Model Divergence in IoT:
Where are the new opportunities and threats regarding
the creation of a service platform? What is IoT – a
collaboration opportunity or a competitive challenge?
How to design openness? Patent implications
challenges: Patent eligibility, joint infringement, standard
essential patents and the concept of FRAND and
exhaustion of rights. Patent implication opportunities:
Portfolio licensing reduces patent quality, patent pools
reduce royalty stack/gap issues. Recommendations:
Control to regulate openness. Here, meaningful control
mechanisms could be: Technical control, market power
(network e ects), secrecy, right based property and
contract based property. His conclusion: In the
knowledge economy we are all developing countries.

Third Panel: Patentability of Technical Software

Solutions and the Exploitation Model for Digital
Innovation
Yann
Ménière
–
Professor
of
Economic
s MINES
ParisTech,
Chief
Economis
t, EPO

Catalina Martínez – Research Fellow at the Spanish

National research Council (CSIC)

Ryan Abbott – Professor of Law and Health Sciences,

University of Surrey

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Stephanie van Wermeskerken – Head of Intellectual

Property Counseling, Philips

Yann Ménière: The EPO Approach to Industry 4.0 and

the Internet of Things. He presented the EPO
perspective on the digital transformation and the
challenge of software based inventions. How do EPO
examiners see the ongoing digital transformation? Core
is the IoT: Ubiquitous connected computers within the
internet of everything. Things are connected to the
environment and to people. This is the source of massive
data. In combination with analytics we can create new
services and business models. The enabling
technologies are already there: It’s all about software.
Today advanced machines are using standard software –
4.0 advanced software is using standard machines.
Around 30% of the inventions in the di erent branches
are software associated. Software is used as a tool in an
invention. The Challenge is to deal with increasingly
short innovation and product life cycles.

Catalina Martinez: Patents and Software: Changing

Markets, Strategies and Actors. She gave an overview of
the changing situation for patenting software over the
last fourteen years. How can software be patented?
Patents protect the structure of a computer program and
its functionality – the ow chart. Google page rank
US6285999 – Method for node ranking in a linked
database – the invention is the structure. Cited around
the world more than 1.000 times, alone 500 citations
from Google itself. From software to Computer
implemented inventions: The share of US patents that
can be classi ed under “Electrical Engineering”, a class
that includes digital communications, computer
technology, and communications, has grown markedly.
FTO is the most important motivation for ling patens
with computer implemented inventions. Not only
software companies alone le for cii patents anymore – it
is now done in every business. Pervasiveness of software
related patents: in nearly all sectors. Some tentative

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recommendations: Increasing transparency, inventive

step, disclosure.

Ryan Abbott: Creative Computers and the Future of

Patent Law. Can a computer be an inventor and how will
computers compete on inventive thinking? Computers
will potentially be working as doctors, lawyers and
experts. This raises the question of the inventor for
machine created invention. The degree of human
involvement in invention processes is in question.
Di erent degrees are thinkable: Computer as a tool,
computer assisted invention and nally computer as
creative source. Can an ape who makes a sel e be seen
as a copyright owner? Who is identi ed when a
computer can be an inventor? The developer of the
computer? Incentive argumentation in the patent system
could be used. Focusing on the functional outcome of
inventive thinking helps and not so much on what the
inventor was thinking. Computer and people will be
competing on inventive thinking. Skilled person test
becomes more and more di cult – Watson is a
substitute of a person skilled in the art.

Stephanie van Wermeskerken: How to get to

Successful Value Capturing and Exploitation of Digital
IP? How can a digital patent portfolio be transformed into
a real value for a company? How can real value be
squeezed from a digital patent portfolio? Philips focuses
on health care and personal care. Capturing value higher
than the IP cost is the only justi cation for having an IP
portfolio. IP&S uses an IIAM approach to create and
leverage synergetic e ects from multiple IP types
(patents, deigns, trade secrets, algorithms, brands, online
presence) – to make sure to protect the “look and feel”.
Capturing value with an IP portfolio –
commercial/Licensing, exclusivity, mitigation, defensive
– creating business bene ts. Using IP to create market
entry barriers against potential competitors.
Distinguishing wide (longitudinal, continuous monitoring
over time) data from deep data (more detailed
information than ever) – dense data (big data pattern
recognition). Some considerations for a mitigation model
– how does this bring bene t? Starting point – there is a
balance in IP position in terms of strength, number, and

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geographical coverage. It is di cult to operate without

risk of IP assertion – bene t risk mitigation – exchange –
gaining access to 3rd party technology, exchange –
saving time and money.

Closing:
Alexande
r Wurzer,
Adjunct
Professor
at CEIPI,
Director
of Studies
of the
Master in
IP Law
and Management of CEIPI, Director of Institute for
Intellectual Property Management at Steinbeis-
University, Berlin, Managing Director of Wurzer &
Kollegen.

For more Information see our conference video

Workshops on IP and digitization are carried out at the

CEIPI Executive IP Management Days covering the
topics:

– Smart home,

– Smart grid,

– Smart farming and

– Smart production.

Teilen mit:

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