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Intellectual Property and Competition Law
Intellectual Property and Competition Law
Intellectual Property and Competition Law
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Intellectual Property and Competition Law

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It is important to say that innovation influences the market and its operators, especially about competition conditions. One of the most significant technological advances relates to the possibility of capturing a huge amount of information and the rapid processing thereof (two of the main features that make up the phenomenon known as big data). This not only entails the emergence of specialised operators in these activities, but also makes a “data economy” possible. In this regard, it expands the profitability of business models based on data and gives more strategic value to the collection thereof. The increased possibilities of obtaining revenue from the information lends greater efficiency to the strategy of setting a price of zero in one of the markets on which platform-type (two-sided) business models depend. However, the market in which an operator offers its service at zero cost is not free from possible competition problems in parameters other than price (significantly, quality: whether understood as adequately classified information or the level of privacy offered to users). Therefore, the competition authorities must necessarily abandon a price-centric perspective and enter into an assessment of other parameters already foreseen in the Competition Act. Some of the most recent and significant changes that technology has stimulated in the economy have included the appearance of multiple operators that base their business model on the processing of information and can access it thanks to (i) increased digitisation (conversion of physical assets into information), which has enabled digital interactions (unlike physical interactions, they leave a record – information), and (ii) a large volume of information (Internet and sensors). These changes have not only allowed the proliferation of business models based on information processing but rather, in particular, they can be found in those operators that have achieved the most significant success recently (from Google to Facebook, WhatsApp or LinkedIn, through to Uber and Airbnb). From the industrial revolution and until well into the twentieth century, the most important competitive advantage of economic operators was based on their ability to produce and distribute goods or physical products. However, in recent decades, a particular phenomenon has emerged of the transformation of physical goods (atoms) into information (bits). In other words, the physical format is becoming less relevant while the importance of data continues to grow. A trend which, far from disappearing, it seems will become ever more entrenched, with the eventual widespread use of 3D printers. Thus, the most important competitive advantage appears to have moved from production and distribution to information (data) and its management. Multiple economic operators, aware of the growing importance of data, have invested in aspects related to it, particularly in its collection and processing. This has led to the phenomenon known as big data, characterised by the “4 Vs”: volume, variety, velocity (of processing) and veracity. In any case, without addressing at this time privacy considerations, data collection requires an investment meaning that any operator that has such data enjoys a competitive advantage. These large data sets are becoming a core asset in the economy, fostering new industries, processes and products and creating significant competitive advantages.
LinguaItaliano
Data di uscita10 mar 2021
ISBN9791220317436
Intellectual Property and Competition Law
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    Anteprima del libro

    Intellectual Property and Competition Law - Lorena Tealdo

    Intellectual Property and Competition Law

    1.      Competition Policy, Tech, and the Data Economy

    1.1      Catalan Competition Authority, THE DATA-DRIVEN ECONOMY. CHALLENGES FOR COMPETITION

    1.2 Enter the data economy: European policies for a thriving data ecosystem

    1.3      Big data: bringing competition policy to the digital era

    1.4      SLIDES - Automotive industry connected car technology and car data

    2.      Big Data and Abuse of Dominance

    2.1      OECD, BIG DATA: Bringing competition policy to the digital era

    2.2      OECD - Summary of Discussion of the Hearing on Big Data – what could BD meanfor competition enforcement?

    FOOD FOR THOUGHTS: What are competition authorities talking about when they talk about big data? – linked to OECD hearing above

    2.3      Unilateral Conduct

    2.4      Android and Forking Restrictions: On the Hidden-Closeness of Open

    2.5      European commission press release

    2.6      Podcast - Android – An Open Or Shut Case?

    2.7      Amazon and the Law of the Jungle

    3. Algorithms and collusion

    3.1      Presentation - OECD, Competition policy in the digital era with a special focus on the challenges raised by algorithms

    3.2      CMA, Pricing algorithms - Economic working paper on the use of algorithms to facilitate collusion and personalised pricing

    4. Intellectual Property Rights: Introduction

    4.1      WIPO, The role of IPRs in the fashion business: a US perspective

    4.2      TRADEMARK – from the article ‘Making a mark (WIPO)’

    4.3      Fashion case: Gucci vs Guess saga: the European episode

    4.4      3D trademarks in action

    4.5      COPYRIGHT - WIPO, Creative expression

    4.6      A focus on copyright and creativity

    Intellectual Property and Competition Law

    International Guide on Data Privacy and Cybersecurity.

    Learn how to protect your copyright and trademark.

    By International Management School

    Narrator: Adam Walker

    copyright: Copyright by History Academy

    All rights reserved.

    This document is geared towards providing exact and reliable

    information with regards to the topic and issue covered. The

    publication is sold with the idea that the publisher is not

    required to render accounting, officially permitted, or otherwise,

    qualified services. If advice is necessary, legal or professional, a

    practiced individual in the profession should be ordered.

    From a Declaration of Principles which was accepted and

    approved equally by a Committee of the American Bar

    Association and a Committee of Publishers and Associations.

    In no way is it legal to reproduce, duplicate, or transmit any part

    of this document in either electronic means or in printed

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    any storage of this document is not allowed unless with written

    permission from the publisher. All rights reserved.

    The information provided herein is stated to be truthful and

    consistent, in that any liability, in terms of inattention or

    otherwise, by any usage or abuse of any policies, processes, or

    directions contained within is the solitary and utter

    responsibility of the recipient reader. Under no circumstances

    will any legal responsibility or blame be held against the

    publisher for any reparation, damages, or monetary loss due to

    the information herein, either directly or indirectly.

    Respective authors own all copyrights not held by the publisher.

    2

    The information herein is offered for informational purposes

    solely, and is universal as so. The presentation of the

    information is without contract or any type of guarantee

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    The trademarks that are used are without any consent, and the

    publication of the trademark is without permission or backing

    by the trademark owner. All trademarks and brands within this

    book are for clarifying purposes only and are the owned by the

    owners themselves, not affiliated with this document.

    Disclaimer

    All erudition contained in this book is given for informational

    and educational purposes only. The author is not in any way

    accountable for any results or outcomes that emanate from

    using this material. Constructive attempts have been made to

    provide information that is both accurate and effective, but the

    author is not bound for the accuracy or use/misuse of this

    information.

    1

    Competition Policy, Tech, and the DataEconomy

    It is important to say that innovation influences the market and its operators, especially about competition conditions.

    One of the most significant technological advances relates to the possibility of capturing a huge amount of information and the rapid processing thereof (two of the main features that make up the phenomenon known as big data). This not only entails the emergence of specialised operators in these activities, but also makes a "data economy" possible.

    In this regard, it expands the profitability of business models based on data and gives more strategic value to the collection thereof. The increased possibilities of obtaining revenue from the information lends greater efficiency to the strategy of setting a price of zero in one of the markets on which platform-type (two-sided) business models depend.

    However, the market in which an operator offers its service at zero cost is not free from possible competition problems in parameters other than price (significantly, quality: whether understood as adequately classified information or the level of privacy offered to users).

    Therefore, the competition authorities must necessarily abandon a price-centric perspective

    and enter into an assessment of other parameters already foreseen in the Competition Act.

    Some of the most recent and significant changes that technology has stimulated in the economy have included the appearance of multiple operators that base their business model on the processing of information and can access it thanks to (i) increased digitisation (conversion of physical assets into information), which has enabled digital interactions (unlike

    physical interactions, they leave a record – information), and (ii) a large volume of information

    (Internet and sensors).

    These changes have not only allowed the proliferation of business models based on information processing but rather, in particular, they can be found in those operators that have achieved the most significant success recently (from Google to Facebook, WhatsApp or LinkedIn, through to Uber and Airbnb).

    DIGITISATION:

    From the industrial revolution and until well into the twentieth century, the most important competitive advantage of economic operators was based on their ability to produce and distribute goods or physical products. However, in recent decades, a particular phenomenon has emerged of the transformation of physical goods (atoms) into information (bits). In other

    words, the physical format is becoming less relevant while the importance of data continues to grow.

    A trend which, far from disappearing, it seems will become ever more entrenched, with the eventual widespread use of 3D printers.

    Thus, the most important competitive advantage appears to have moved from production and distribution to information (data) and its management.

    Multiple economic operators, aware of the growing importance of data, have invested in aspects related to it, particularly in its collection and processing.

    This has led to the phenomenon known as big data, characterised by the 4 Vs: volume, variety, velocity (of processing) and veracity.

    In any case, without addressing at this time privacy considerations, data collection

    requires an investment meaning that any operator that has such data enjoys a

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