1. IPR infringement in the Cloud BusinessClouds 2017
Muhammad Umer Wasim

2. Contents What is Intellectual Property (IP)?
What are Intellectual Property Rights (IPR)?
IPR Infringement in the Cloud (current trends)
as example case

3. Some Question What is ? (from entrepreneur perspective)
Is it a invention? (LAB) Is it a innovation? (MARKET)
As invention, is it an algorithm or 1-click optimize shopping?
As innovation, is it a brand or business secret?
What if I copy your algorithm and produce same service?
What if I ≠ your algorithm but still produce same service?
What if I create brand confusing e.g.
What if I mine your service data and identify business secret?

4. invention
innovation
What if I copy your algorithm and produce same service?
What if I ≠ your algorithm but still produce same service?
What if I create brand confusing e.g.
What if I mine your service data and identify business secret?
Any knowhow that gives you competitive edge is Intellectual Property (IP)

5. invention innovation Which IPRs are more important for in the Cloud?
Copyrights: Rights* for work of authorship e.g. literature, music, art, etc. *copy + distribute + derivative
Trademark: Anything that identify a product from particular source: color, word, phrase, name, logo, slogan, sound…
Algorithm
Brand
Patent: Utility (function), design (decorative aspects not function) …
Trade secret: Any valuable info that is kept confidential for competitive advantage + not known to others + kept it secret (formula, computer code etc.)
1-click optimize
shopping
Business Secret
Which IPRs are more important for in the Cloud?

6. Innovation
(Cloud)
Trademark: Anything that identify a product from particular source: color, word, phrase, name, logo, slogan, sound…
What if I create brand confusing?
What if Cloud create brand confusing?
Brand
Trade secret: Any valuable info that is kept confidential for competitive advantage + not known to others + kept it secret (formula, computer code etc.)
What if I mine your service data and identify business secret?
What if Cloud mine your service data and identify business secret?
Business Secret

7. Summary do far… Cloud (e-Market) is about innovation, so
In LAB (invention)
Algorithm (Copyrights Law) or/and Service (Patent Law)
In MARKET (innovation)
Brand (Trademark Law) or/and Business Secret (Trade Secret Law)
Cloud (e-Market) is about innovation, so
Concerned IPR: Trademark and Trade Secret
Surprisingly (current trends in the Cloud)
What if Cloud create brand confusing?
What if Cloud mine your service data and identify business secret?

8. IPR Infringement in the Cloud
Trademark Infringement
URL make it easier for customer to find brand, however, its not a trademark
Cybersquatting, no competition, but instead an unlicensed user registering the trademark as a domain name in order to pressure a payoff (or other benefit) from the lawful mark owner
Internet Corporation for Assigned Names & Numbers (ICANN) or Lawsuit
URL - Uniform Resource Locator (web address)
Domain Name

9. IPR Infringement in the Cloud
Recently interest has moved from Domain Name disputes to the use of TMs on Search Engine Adverts (sponsored listings) and secondary markets (such as eBay)
www eu

10. IPR Infringement in the Cloud
Objections
Likelihood of Confusion, Free Riding on image/effort, Loss of Sales
How you get your advert onto Google is fascinating:
Set monthly spend limit > every time one of your keywords is used Google host an auction > everyone wanting to advertise in that search return “bids” for inclusion > Whether or not your advert is displayed and where depends upon the outcome of that auction > You only pay for click through – not for displays
Is Google Cloud responsible for infringement?
Is the use made by Google in placing sponsored listings likely to dilute the value of the trademark?

11. IPR Infringement in the Cloud
Tiffany v eBay (2008)
Defense: Ebay connects buyers and sellers via online platform and does not itself sell, does not take possession, no knowledge of ultimate delivery
Against: Earns revenues from both listing and sale + Conducts seminars/workshops to educate sellers on sales opportunities + Has expert sales consultants available for sellers + Powersellers programme; assistance & benefits
Were eBay liable? No
Research Question: How to provide protection to a Trademark by Online Broker in the Cloud?
Adwords (fake store) Counterfeits (fake products)

12. IPR Infringement in the Cloud
Trade secret: Any valuable info that is kept confidential for competitive advantage + not known to others + effort made to kept it secret e.g. formula, computer code, customer list, business model, practice, process, contracts, design, instrument, pattern, etc.
PeopleBrowsr, Inc. v. Twitter, Inc
Tiffany (NJ), Inc. v. eBay, Inc.
Research Question: How to provide protection to a Trade secret by Online Broker in the Cloud?

13. Conclusion Cloud (e-Market) is about innovation
Brand (Trademark Law) or/and Business Secret (Trade Secret Law)
Surprisingly (current trends)
best deal for original product from original stores
as market leader offering best deal for original product from original stores
Research Question: How to provide protection to a Trademark by Online Broker in the Cloud?
What if Cloud create brand confusing?
What if Cloud mine your service data and identify business secret?
Research Question: How to provide protection to a Trade secret by Online Broker in the Cloud?

14. Many thanks for the attention
Parallel Computing & Optimisation Group
Campus Kirchberg, Université du Luxembourg