tripping over ip in the solomo world? wee choo hua senior director & legal counsel, head of...

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Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

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Page 1: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

Tripping over IP in the SoLoMo World?

Wee Choo HuaSenior Director & Legal Counsel, Head of Government Relations, Southeast AsiaeBay Inc

Page 2: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

Agenda

1. What is IP?

2. An example of SoLoMo in action

3. How SoLoMo enhances e-commerce?

4. IP issues in SoLoMo

5. Policy considerations for the new Internet economy

Tripping over IP in the SoLoMo World? 2

Page 3: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

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What is IP?

Tripping over IP in the SoLoMo World?

“Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

World Intellectual Property

Organization (WIPO)

IP

Industrial designs

Trade secrets

3

2

Patents

Copyright

Trademark

5

1

4

IP Comprises:

Geographic indications

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Page 4: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

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An example of SoLoMo in action

Tripping over IP in the SoLoMo World?

Page 5: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

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How SoLoMo enhances e-commerce?

Social

MobileLocal

Tripping over IP in the SoLoMo World?

• Increased volume and speed of social ‘conversations’ and sharing of information

• Smartphones and mobile devices serve as platforms for the creation of new apps

• Increased interaction with brands and other intellectual property

• Location-specific features

Exclusive rights of IPRs?

Data Privacy?

Technology Piggybacking?

Patent Wars?

Territorial Nature of Certain IPRs?

Counterfeits?

Page 6: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

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IP Issues in SoLoMo

Tripping over IP in the SoLoMo World?

Counterfeits

Rights of First-Sale/ Parallel Imports

Intermediary Liability

Patent Disputes

Domain Name Disputes/ Cybersquatting

Social

MobileLocal

Page 7: Tripping over IP in the SoLoMo World? Wee Choo Hua Senior Director & Legal Counsel, Head of Government Relations, Southeast Asia eBay Inc

Policy considerations for the new Internet economy

Regulators• Balance protection of IPR with advance innovation and business models• Need for a new e-money regulatory framework

App Developers• Balance freedom to develop innovative products with protection of

patents and other IPR.

Users• Balance freedom to share information with infringement of IPR.

Companies• Understand liability and responsibility as an intermediary.

Tripping over IP in the SoLoMo World? 7