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The impact of Big Data developments on Intellectual Property. First, what about patents? Second, a short overview of other IP rights and ownership of data in an age of Big Data.
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Big Data and Intellectual Property
SCL - 15 October 2013
The story of the wheat
on the chessboard18,446,744,073,709,551,615
= 264 - 1
•Earth mass = 5.97219 x 1024 kg
•Wheat mass (1 grain = 1g)= 1.8446 x 1016 kg
•Wheat mass = 1/100,000,000 Earth
•2013 grain production = 2,140 Million Tonnes (= 2.140 x 1012 kg)
•Wheat mass= 10,000 x 2013 production
MATHMATH
Mental Abuse To Mental Abuse To HumansHumans
What does this mean?
•Humans struggle with:
- intuitive understanding mathematics
- exponential growth
Big Data•The amount of
data doubles every 18-24 months
•90 % of all data in the world was created in the last 2 years
•most data is generated by users, sensors or machines
Patents (US only)Linear scale
Patents (US only) Log scale
doubling time: 1963-1990: 27
y1990-2009: 19
y
Big Data doubling time:
2 y
Big Data doubling time:
2 y
Big Data = Prior Art
Prior Art doubling time:
2 y
Yeah but no but...
•1 patent > 1 byte
•1963 > 1 byte
• Intelligence & analytics
This can’t be the solution
illustration from patent on “circular
transportation facilitation device”
aka the wheel (2001, Australia)
YouThe landlordThe builderThe neighbourThe local councilGoogle StreetviewThe Real Estate Research Bureau....
Ownership of Data
Value of Big Data
•Volume
•Velocity
•Variety
•Access
•Analysis & intelligence
•Recombination
• It’s a non-rivalrous commodity
•Most data are generated automatically (sensors, machines) - i.e. by “someone else”
•Data are almost always being recombined & contextual
Can you own data?
How to “own” data?•Copyright? Where’s the creativity
in data picked up by a sensor or a machine?
•Database right & compilations?
•Trade secret? “value is in secrecy”
•Patents? Analysis? “Frozen algorithm”
•Other legal foundation? (tort,criminal)
•Freedom to copy
IP on Big Data
• IP is based on first making the abundant scarce, then charge for access/use
•Will this approach still work for IP/legal advice on Big Data?
Value of Big Data is in open use and access, not
ownership
•Big data is like a river: the value is in the flow, not the source
IP approach:
•Advice on how to increase use of data, rather than restricting/limiting
• Integrate open source, open data, open standards as part of any advice
Thank you