The concept of Intellectual Property (IP) is well proven as a powerful incentive that drives creativity and innovation, but it is increasingly being challenged by a highly connected world, particularly in all aspects of digital information and content life-cycle To further complicate matters, rapid changes in the enabling technology / triggers are only likely to increase or accelerate, and according to Gartner, some of these developments, (e.g. Big Data, Cloud, Mobile & Social) have combined to produce a paradigm shift in the way we do business. Such worrisome trends are only exacerbated by the fact that IP sits right in the middle of it all.
Surprisingly, not many decision makers appear to understand, or are willing to discuss, how such developments affect their business, particularly with regards to information assets and IP. Is it too early for any meaningful dialogue? Are the impacts unlikely to be anything major, (i.e. compared to the other trends), or are business leaders far too busy facing harsh economic realities to focus on this too? The respective answers are no, yes and probably. However, the impact will be anything but trivial, when you consider just how tightly IP is interwoven with all such developments. Some of the high-level intersections between IP and technology trends are:
IP and the Cloud – Key implications for IP, (aside from relevant cloud technology patents), are related to access and use of data held within the cloud, as well as the services they power.
IP and Social Media – Social media is the product of all interactions between individuals in a social network, including all information created, modified, exchanged and shared between the members. Such content, their usage, and user behaviours, have huge implications for IP.
IP and Mobility – Mobility is the ability to access to information and other resources, through a mobile device, without restriction of a fixed location. Key implications for IP include unauthorised access to / use of location dependent material (e.g. territorial rights over copyright content).
IP and Big Data / Open Data – Data and information arguably have the most implication for IP, especially since digital data is both raw material and output / enabler of the information age (e.g. all IP is ultimately reducible to digital data, including theoften controversial software IP). Data permeates and binds all the other technology and behaviour trends mentioned above, and reflects all their IP implications.
IP and Litigation – Following the recent spate of patent lawsuits between several large technology companies, it has become clear that IP is now regarded as a crucial weapon by some. According to a recent BBC news article, serious attempts are being made to address “an unwelcome trend in today’s marketplace to use standard-essential patents to block markets”. The cost and impact of such ‘weaponised IP’ litigation is basically stifling innovation, and goes against the key sentiment and objective of IP.
Top 5 things enterprise decision makers need to keep in mind
- The motivations and interests of 5 key IP stakeholder groups (i.e. the creative, technology, commercial, legislative and consumer stakeholders). No group is completely independent of the others; therefore a balanced approach is required for all IP related decisions.
- Need to create and communicate clear enterprise policies for IP, Social Media, Cloud, Mobility and Data
- The much desired real-time enterprise requires certain key elements to be in place, including: self-service BI (e.g. data mashups), event driven architecture (incl. Complex Event Processing), analytics and data discovery, as well as contextual capabilities (incl. location based services), and cloud computing. In all cases, early consideration of IP implications is crucial.
- The key to digital transformation and architecture, in a fast moving dynamic environment, may be found in alignment with constant business model innovation. The architecture of such an organisation, (incl. process and technology), must become more dynamic if it is to provide any sustainable value.
- In the brave new world, the customer comes first, and IP becomes the ‘value’ centre of the enterprise (rather than the products or services it is used to drive), whilst the business model flexes and changes as needed to accommodate those dynamics.
In conclusion, digital trends appear to suggest that mere products and services will no longer be sufficient differentiators in a digital world with ever diminishing barriers to entry. It ultimately boils down to a question of how, and not what, you create and deliver to your customers. Either way, data / Information and IP will continue to play a fundamental role in the entire digital value system.
Note: The above post is adapted from an existing article of mine which is due for publication by the BCS Chartered Institute for IT.