intellectual property law © 2007 ibm corporation david j. kappos vp & assistant general counsel...

Intellectual Property Law

© 2007 IBM Corporation

David J. Kappos

VP & Assistant General Counsel

Globalization &

IP/Innovation

for Council on Foreign

Relations

2 Globalization & IP/Innovation – 2007



Globalization in a Changing World

Products can be made anywhere Ideas can move instantly around the world Collaboration is of increasing importance Capital and raw materials, while important, do not define

competitive advantage Competitive advantage now lies in ideas, and the only way to

protect ideas is through intellectual property laws

Globalization is increasing the importance of Strong but Balanced Intellectual Property Rights in protecting the public interest




US Patent System is Unbalanced Obtaining Patents

► Over-protection• Subject matter over-extension• Erosion of patentability standard• Gaps in examination

► Under-protection• PTO pendency

Enforcement► Damages & Lottery Mentality

Additional Problems► Harmonization► Inequitable Conduct► Prior User Rights




21st Century Global IP System: Balanced Patent System

“Open” Patent Filing► Protecting IP rights, but not over-protecting or under-

protecting such rights► Transparency of ownership and content of patents► Global patent application

“Open” Patent Review ► Public contribution of comments/prior art during patent

examination► Collaborative examination by patent examiners► Post-issuance challenges




21st Century Global IP System: Balanced Innovation

“Open” Collaboration► Freedom to innovate across disciplines, geographies, legal

systems► Encourage universities and companies to work together in

solving difficult problems► Open Source: encourage both open and proprietary

innovation models

“Open” Standards► Create a fair and fertile environment for open standards and

open source software► Open participation and open implementation




IBM Collaborative Innovation/Balanced Innovation

University Innovation SummitRPI, Georgetown, CMU, Georgia Tech, Stanford, University of Texas, University of California-Berkeley, University of Illinois, Cisco, HP, Intel, Kauffman Foundation

Software Patent Pledge500 Patents to Open Source CommunityIndustry Patent Pledges Healthcare EducationIBM Marketplace Wiki and Patent Policy

IBM Inventor ForumPatent Quality Initiatives

Standards LeadershipOpen Technologies to Drive StandardsChina Open Standards FocusEmerging Market RFID Workshops

Open Invention Network Collaborative Trust with: Sony, Philips, Novell, Red Hat, NEC

Patents Alliances

Standards Constituencies

intellectual property law © 2007 ibm corporation david j. kappos vp & assistant general counsel...

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