Applicability of Block-chain Technology in the Field of Intellectual Property: Its Challenges, Solutions, and Opportunities
Date
2023-11-28
Authors
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Publisher
Saudi Digital Library
Abstract
This research delves into the dynamic landscape of technological advancements and challenges across industries, with a particular focus on the intersection of technology and intellectual property (IP) management. The study begins by examining a landmark case, Oracle America, Inc. vs. Google LLC, wherein the US Supreme Court rendered a decision on the permissible use of Oracle's software in Google's Android system. The evolving nature of technology presents both opportunities and hurdles for global businesses.
A pivotal aspect of technological evolution explored in this research is blockchain technology. The study emphasizes the significance of blockchain as a secure and immutable record-keeping system, with transformative potential in revolutionizing how intellectual property, such as patents and copyrights, is handled. Noteworthy legal cases, such as Unwired Planet International Ltd v Huawei Technologies Co Ltd, underscore the importance of clear rules in different jurisdictions for patents and highlight blockchain's potential impact on intellectual property management.
The research draws attention to the World Intellectual Property Organization's (WIPO) White Paper on Blockchain and IP Ecosystems, published on February 15, 2022. This document serves as a comprehensive guide for stakeholders involved in intellectual property, offering insights into the integration of blockchain technology. WIPO emphasizes the necessity for collaborative efforts among industry players, policymakers, and innovators in navigating this transformative landscape.
The primary goal of this research is to conduct an in-depth analysis of the WIPO standard outlined in the White Paper on Blockchain and IP Ecosystems. The study aims to scrutinize the suggestions and thoughts presented by WIPO, addressing challenges associated with applying blockchain to intellectual property. Furthermore, the research seeks to propose viable solutions to these challenges while identifying opportunities for leveraging blockchain in the realm of intellectual property.
This research contributes to the ongoing discourse on the intersection of technology and intellectual property, shedding light on the implications, challenges, and potential solutions in a rapidly evolving digital era.
Description
A. Overview of Technological Advancements and Challenges across Industries
In recent years, technology has been changing really fast, affecting different kinds of businesses like manufacturing and finance. These changes have both good and challenging aspects for companies all over the world.
One example of a challenging situation in the tech world is the case of Oracle America, Inc. vs. Google LLC. In this important case, the US Supreme Court decided that Google using a part of Oracle's software for its Android system was okay. This settled a dispute that had been going on for ten years about how much protection software should have .
Now, let's talk about something exciting called blockchain technology. It's a special kind of tech that has the potential to change how we handle intellectual property, like inventions and creative ideas.
B. Significance of Blockchain Technology in Revolutionizing Intellectual Property (IP) Management
Blockchain technology is like a super-secure and unchangeable record-keeping system. It's kind of like a digital ledger that can't be messed with, and it makes sure that everything is clear and trustworthy when people exchange information or property.
When we talk about using blockchain for things like patents and copyrights, it can change the way we protect, buy, and enforce those rights. It can make things simpler, reduce the chance of cheating, and make sure that people who create and invent things get paid fairly.
For example, there's a legal case called Unwired Planet International Ltd v Huawei Technologies Co Ltd. In this case, the UK Supreme Court said that UK courts have the power to decide the rules for a worldwide license for important patents and can stop someone from using those patents if they don't agree to those rules. This case shows how important it is to have clear rules in different places for patents, and it also shows how blockchain might affect the way we manage intellectual property.
C. Reference to WIPO White Paper on Blockchain and IP Ecosystems
The WIPO saw how blockchain technology could change things and made a special report about it on February 15, 2022. This report is like a big helpful guide for people who work with intellectual property (like patents and copyrights), people interested in it, and people who make rules about it. It talks about using blockchain technology in the world of intellectual property. The report also says it's really important for these people to talk and work together.
D. Research Goal: Analyze WIPO, Challenges, Solutions, and Opportunities
The goal of this research is to study the WIPO standard from the White Paper on Blockchain and IP Ecosystems in depth. We'll closely explore the suggestions and thoughts provided by WIPO.
Moreover, we'll address challenges in applying blockchain to intellectual property and offer solutions.
Keywords
Technological Advancements Challenges in Technology Impact on Businesses Oracle America vs. Google Supreme Court Decision Android System Software Protection Dispute Resolution Changing Business Landscape, Blockchain Technology Intellectual Property Management Digital Ledger Patents and Copyrights Protection of Rights Simplification Reduction of Cheating Fair Compensation Unwired Planet International Ltd v Huawei Technologies Co Ltd Worldwide License Patent Rules Impact of Blockchain on Intellectual Property
Citation
1. Google LLC v. Oracle America, Inc. (No. 18 – 956, pg. 59). SUPREME COURT OF THE UNITED STATES, 2021. Available at https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf Accessed 11 September, 2023 2. Unwired Planet v. Huawei (2017, EWHC 711 (Pat), 5 Apr. 2017 3. World Intellectual Property Organization (WIPO), "WIPO White Paper on Blockchain and IP Ecosystems," February 15, 2022 4. World Intellectual Property Organization. Wikipedia. Available fromhttps://en.wikipedia.org/wiki/World_Intellectual_Property_Organization, Accessed 11 September, 2023 5. World Intellectual Property Organization (WIPO), "WIPO White Paper on Blockchain & IP Ecosystems," February 15, 2022 6. World Intellectual Property Organization (WIPO). "WIPO Technology Trends 2019: Blockchain," WIPO White Paper, March 2019. Available fromhttps://www.wipo.int/tech_trends/en/blockchain/, Accessed 12 September 2023 7. WIPO. (2021). "Blockchain & Intellectual Property." WIPO. Available from https://www.wipo.int/cws/en/blockchain-and-ip.html, A