Welcome!

Microsoft Cloud Authors: Pat Romanski, Liz McMillan, Elizabeth White, Mihai Corbuleac, David Bermingham

News Feed Item

Intellectual Property in ICT and Digital Media: Market Challenges, Solutions and Business Impact Analysis

NEW YORK, Jan. 3, 2013 /PRNewswire/ -- Reportlinker.com announces that a new market research report is available in its catalogue:

Intellectual Property in ICT and Digital Media: Market Challenges, Solutions and Business Impact Analysis

http://www.reportlinker.com/p01076819/Intellectual-Property-in-ICT-and-D...

Overview:

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.

Regulatory Organizations and Industry Associations in Report:

ChinaHarvard UniversityCompanies in Report:

TencentYoYo GamesTarget Audience:

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

Table of Contents:

1.0 INTRODUCTION 6

1.1 INTELLECTUAL PROPERTY RIGHTS (IPR) LANDSCAPE 6

1.1.1 MEANING 6

1.1.2 ORGANIZATIONAL STRUCTURE OF WORLD IPR SYSTEM 7

1.1.3 IPR INFRINGEMENT 12

1.1.4 PROMINENT FIELDS OF IP PROTECTION 13

1.1.5 OTHER FIELDS OF IP PROTECTION 19

1.2 DIGITAL MEDIA REVOLUTION: THE NEXT LEVEL OF COMMUNICATION 23

1.2.1 OVERVIEW 23

1.2.2 THE DIGITAL ECO-SYSTEM 24

1.2.3 INTERACTIVITY: A KEY FEATURE OF CONTEMPORARY DIGITAL MEDIA 28

1.3 DIGITAL DILEMMA: A CROSSOVER BETWEEN IPR & DIGITAL MEDIA 30

2.0 DISCUSSION 42

2.1 FROM THE "MARKET'S MOUTH" 42

2.1.1 RECENT GLOBAL TRENDS 42

2.1.2 THE "IPR RED FLAGS" 47

2.2 ATTITUDE HOLDS THE KEY 74

2.2.1 PSYCHE OF THE DIGITAL INFORMATION USER 74

2.2.2 DIFFERENT CONSUMPTION POSITIONS 81

2.3 INNOVATION'S DYNAMIC DNA 82

2.3.1 GEOGRAPHICAL SHIFT IN INNOVATION 82

2.3.2 INCREASED INVESTMENTS IN KNOWLEDGE-BASED INNOVATION 83

2.3.3 INNOVATION IS INTERNATIONALIZED AND COLLABORATIVE IN NATURE 84

2.3.4 NON-R&D-BASED INNOVATION 93

2.3.5 OPEN INNOVATION - A PARADOX 94

2.4 ONLINE PRIVACY AND DATA PROTECTION 96

2.5 THE LEGAL LENS 100

2.5.1 DIGITAL MEDIA ASSOCIATION (DIMA) 105

2.6 CHALLENGES AND OPPORTUNITIES 108

2.7 BUSINESS MODELS: A POSSIBLE SOLUTION 109

2.7.1 PUBLISHING 110

2.7.2 MUSIC 112

2.7.3 TELEVISION& MOVIES 117

2.7.4 COMPUTER GAMES 120

2.8 "PAGE 3"LITIGATION BATTLES 125

2.8.1 APPLE INC. VS. SAMSUNG ELECTRONICS CO. LTD: THE BIG DADDY OF ALL PATENT WARS 125

2.8.2 YAHOO INC.VS. FACEBOOK INC. 141

2.8.3 RECORDING INDUSTRY ASSOCIATION OF AMERICA (RIAA) VS. NAPSTER 143

3.0 KEY FINDINGS 145

4.0 CONCLUSION AND RECOMMENDATIONS 147

4.1 CONCLUSION 147

4.2 RECOMMENDATIONS 149

Table of Figures

Figure 2: Entertainment and Media Revenues in Developed and Developing Countries: 2002-2012 (copyright: Wilkofsky Gruen Associates, June 2008) 29

Figure 3: Proportion of Industries' Global Revenues Coming From Digital Sales (2011) (Copyright: PWC Global Entertainment & Media Outlook and IFPI) 29

Figure 4: The Electronic Publication Cycle 34

Figure 5: Global Trends in IP Applications (copyright: WIPO) 43

Figure 6: Involved IP Rights by Articles (copyright: European Commission) 44

Figure 7: Involved IP Rights by Value (copyright: European Commission) 44

Figure 8: Resident and Non-Resident Applications, 2010 (copyright: WIPO) 45

Figure 9: Geographical Distribution of IPR Applications, 2010 (copyright: United Nations) 47

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) 80

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) 82

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) 83

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) 84

Figure 14: Global Growth of Researchers (copyright: WIPO Estimates, based on data from UNESCO Institute for Statistics, Eurostat and OECD, September, 2011) 85

Figure 15: Internationalization of Science (copyright: WIPO, based on data by Thomson in National Science Board 2010) 86

Figure 16: Changing Sources of Global Scientific Publications (copyright: WIPO, based on data from Elsevier Scopus provided in Royal Society 20111) 87

Figure 17: Rising Domestic and International Co-authorship (copyright: WIPO,based on Thomas Reuters data in National Science Board 2010) 88

Figure 18: Increasing Collaboration among Inventors (copyright: WIPO Statistical Database, July 2011) 88

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) 89

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) 89

Figure 21: Firms in Middle- and Lower-Income Countries Invest in Machinery & Equipment to Innovate (copyright: Zuniga (2011) based on Innovation Surveys) 93

Figure 22: Side-by-side Comparison of "Clash of the Olympians" & "Achilles Defense" (copyright: Ironhide Game Studios& PTT Inc) 99

Figure 23: Osterwalder & Pigneur's (2010) Business Model Map (copyright: www.businessmodelgeneration.com) 109

Figure 24: iOS Icon List (left) Vs. TouchWiz'd Icon List (right) (copyright: The Verge, 2011) 127

Figure 25: Drawing for Patent # D618, 677: iPhone 3G/3GS Design (copyright: The Verge, 2011) 128

Figure 26: Drawing of Apple's U.S. Patent # D618,677 (copyright: The Verge, 2012) 136

Figure 27: Drawing of Apple's U.S. Patent # D593,087 (copyright: The Verge, 2012) 136

Figure 28: Drawing of U.S. Patent # D604,305 (copyright: The Verge, 2012) 137

Figure 29: Drawing of U.S. Patent # D504,889 (copyright: The Verge 2012) 137

Figure 30: Drawing of Yahoo U.S. Patent # 7,373,599 (copyright: CNET, 2012) 141

Figure 31: Photo of the Ghent Lens Developed at Ghent University, Belgium (copyright: Business Insider, 2012) 148

Figure 32: Photo of what the Google Glass Looks Like (copyright: Business Insider, 2012) 148

Figure 33: Illustration of Microsoft's Patent (copyright: Business Insider, 2012) 149

Figure 34: Illustration of Apple's Patent (copyright: Business Insider, 2012) 149

List of Tables

Table 2: Stakeholders' Interests and Impact on long-term digital media preservation 33

Table 3: Stakeholders' Priorities & Concerns 35

Table 4: USTR's 2012 Special 301 Trading Partners' Placements (copyright: Office of the United States Trade Representative (USTR)) 73

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) 92

Table 6: Heist Records: Performing Musician Business Model (copyright: Intellectual Property Office, 2011) 114

Table 7: Heist Records: New Talent Development Business Model (copyright: Intellectual Property Office, 2011) 115

Table 8: Heist Records: Computer Games' Music Development Business Model (copyright: Intellectual Property Office, 2011) 116

Table 9: Tern TV: Television Production Business Model (copyright: Intellectual Property Office, 2011) 119

Table 10: Tern Digital: Multimedia Production Business Model (copyright: Intellectual Property Office, 2011) 120

Table 11: YoYo Games: Games Development and Selling Tool Business Model (copyright: Intellectual Property Office, 2011) 123

Table 12: YoYo Games:Games Publishing Business Model (copyright: Intellectual Property Office, 2011) 124

To order this report:Business_Services Industry: Intellectual Property in ICT and Digital Media: Market Challenges, Solutions and Business Impact Analysis

Nicolas Bombourg

Reportlinker

Email: [email protected]

US: (805)652-2626

Intl: +1 805-652-2626

SOURCE Reportlinker

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

@ThingsExpo Stories
Customer experience has become a competitive differentiator for companies, and it’s imperative that brands seamlessly connect the customer journey across all platforms. With the continued explosion of IoT, join us for a look at how to build a winning digital foundation in the connected era – today and in the future. In his session at @ThingsExpo, Chris Nguyen, Group Product Marketing Manager at Adobe, will discuss how to successfully leverage mobile, rapidly deploy content, capture real-time d...
SYS-CON Events announced today that Super Micro Computer, Inc., a global leader in Embedded and IoT solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Supermicro (NASDAQ: SMCI), the leading innovator in high-performance, high-efficiency server technology, is a premier provider of advanced server Building Block Solutions® for Data Center, Cloud Computing, Enterprise IT, Hadoop/Big Data, HPC and ...
18th Cloud Expo, taking place June 7-9, 2016, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises are using some...
What a difference a year makes. Organizations aren’t just talking about IoT possibilities, it is now baked into their core business strategy. With IoT, billions of devices generating data from different companies on different networks around the globe need to interact. From efficiency to better customer insights to completely new business models, IoT will turn traditional business models upside down. In the new customer-centric age, the key to success is delivering critical services and apps wit...
As cloud and storage projections continue to rise, the number of organizations moving to the cloud is escalating and it is clear cloud storage is here to stay. However, is it secure? Data is the lifeblood for government entities, countries, cloud service providers and enterprises alike and losing or exposing that data can have disastrous results. There are new concepts for data storage on the horizon that will deliver secure solutions for storing and moving sensitive data around the world. ...
Join us at Cloud Expo | @ThingsExpo 2016 – June 7-9 at the Javits Center in New York City and November 1-3 at the Santa Clara Convention Center in Santa Clara, CA – and deliver your unique message in a way that is striking and unforgettable by taking advantage of SYS-CON's unmatched high-impact, result-driven event / media packages.
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, will provide an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life ...
SYS-CON Events announced today that IBM Cloud Data Services has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. IBM Cloud Data Services offers a portfolio of integrated, best-of-breed cloud data services for developers focused on mobile computing and analytics use cases.
Cloud computing delivers on-demand resources that provide businesses with flexibility and cost-savings. The challenge in moving workloads to the cloud has been the cost and complexity of ensuring the initial and ongoing security and regulatory (PCI, HIPAA, FFIEC) compliance across private and public clouds. Manual security compliance is slow, prone to human error, and represents over 50% of the cost of managing cloud applications. Determining how to automate cloud security compliance is critical...
SYS-CON Events announced today that MobiDev will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. MobiDev is a software company that develops and delivers turn-key mobile apps, websites, web services, and complex software systems for startups and enterprises. Since 2009 it has grown from a small group of passionate engineers and business managers to a full-scale mobile software company with over 200 develope...
SoftLayer operates a global cloud infrastructure platform built for Internet scale. With a global footprint of data centers and network points of presence, SoftLayer provides infrastructure as a service to leading-edge customers ranging from Web startups to global enterprises. SoftLayer's modular architecture, full-featured API, and sophisticated automation provide unparalleled performance and control. Its flexible unified platform seamlessly spans physical and virtual devices linked via a world...
SYS-CON Events announced today that BMC Software has been named "Siver Sponsor" of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. BMC is a global leader in innovative software solutions that help businesses transform into digital enterprises for the ultimate competitive advantage. BMC Digital Enterprise Management is a set of innovative IT solutions designed to make digital business fast, seamless, and optimized from mainframe to mo...
"What we see what happens when you have a completely networked society and the potential to now drive the value creation and the collaboration and the ecosystems that are possible when you start to be able to connect people and industries together in ways that have never been possible before," explained Esmeralda Swartz, VP of Marketing Enterprise & Cloud at Ericsson, in this SYS-CON.tv interview at @ThingsExpo, held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA.
Companies can harness IoT and predictive analytics to sustain business continuity; predict and manage site performance during emergencies; minimize expensive reactive maintenance; and forecast equipment and maintenance budgets and expenditures. Providing cost-effective, uninterrupted service is challenging, particularly for organizations with geographically dispersed operations.
The Internet of Things (IoT) is growing rapidly by extending current technologies, products and networks. By 2020, Cisco estimates there will be 50 billion connected devices. Gartner has forecast revenues of over $300 billion, just to IoT suppliers. Now is the time to figure out how you’ll make money – not just create innovative products. With hundreds of new products and companies jumping into the IoT fray every month, there’s no shortage of innovation. Despite this, McKinsey/VisionMobile data...
The IoTs will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm and share the must-have mindsets for removing complexity from the development proc...
SYS-CON Events announced today TechTarget has been named “Media Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. TechTarget is the Web’s leading destination for serious technology buyers researching and making enterprise technology decisions. Its extensive global networ...
SYS-CON Events announced today that MangoApps will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. MangoApps provides modern company intranets and team collaboration software, allowing workers to stay connected and productive from anywhere in the world and from any device. For more information, please visit https://www.mangoapps.com/.
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
The essence of data analysis involves setting up data pipelines that consist of several operations that are chained together – starting from data collection, data quality checks, data integration, data analysis and data visualization (including the setting up of interaction paths in that visualization). In our opinion, the challenges stem from the technology diversity at each stage of the data pipeline as well as the lack of process around the analysis.