11.1 This review has identi ed the need for a strategic change in policy direction in order to ensure that the UK has an approach to IP best suited to supporting innovation and promoting economic growth in the digital age. This change is modest in ambition and wholly achievable.
11.2 We do not propose any diminution of existing non-economic IP rights, as we take the view that rights granted for non-economic purpose, such as the moral rights of creators to prevent usage of their work in unacceptable contexts, are compatible with the economic goals upon which the Review was asked to focus.
11.3 Our message to Government is that it must ensure that in future economic concerns are as assiduously guarded as these other longstanding interests have been for more than three centuries. We also urge that all IP policy be based upon a rigorous evaluation of evidence and that the UK’s stance in international negotiations be visibly evidence-based.
11.4 The Review’s speci c recommendations are designed to support our increasingly intangibles- intensive economy. This requires:
-
an ef cient digital copyright licensing system, where nothing is unusable because the rights
owner cannot be found;
-
an approach to exceptions in copyright which encourages successful new digital technology
businesses both within and beyond the creative industries;
-
a patent system capable of preventing booming demand for patents causing serious barriers
to market entry in critical technologies;
-
reliable and affordable advice for smaller companies, to enable them to thrive in the IP-
intensive parts of the UK economy;
-
refreshed institutional governance of the UK’s intellectual property system which enables it to
adapt organically to change.
Review of Intellectual Property and Growth 97
11.6 The Review team has carried out an economic assessment of the impact of implementation of
our recommendations, drawing on advice from the IPO’s economics team. We acknowledge the high
degree of uncertainty inherent in projections of this sort. The Team’s estimate is that if the Review’s
recommendations are implemented in full they will add between 0.3 per cent and 0.6 per cent to the
UK’s annual GDP growth, not counting signi cant reductions in transaction costs for the public and
private sectors, which the team puts at £750 million a year.
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
Recommendations
1. Evidence. Government should ensure that development of the IP System is driven as far as possible by objective evidence. Policy should balance measurable economic objectives against social goals and potential bene ts for rights holders against impacts on consumers and other interests. These concerns will be of particular importance in assessing future claims to extend rights or in determining desirable limits to rights.
2. International priorities. The UK should resolutely pursue its international interests in IP, particularly with respect to emerging economies such as China and India, based upon positions grounded in economic evidence. It should attach the highest immediate priority to achieving a uni ed EU patent court and EU patent system, which promises signi cant economic bene ts to UK business. The UK should work to make the Patent Cooperation Treaty a more effective vehicle for international processing of patent applications.
3. Copyright licensing.
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
Recommendations
1. Evidence. Government should ensure that development of the IP System is driven as far as possible by objective evidence. Policy should balance measurable economic objectives against social goals and potential bene ts for rights holders against impacts on consumers and other interests. These concerns will be of particular importance in assessing future claims to extend rights or in determining desirable limits to rights.
2. International priorities. The UK should resolutely pursue its international interests in IP, particularly with respect to emerging economies such as China and India, based upon positions grounded in economic evidence. It should attach the highest immediate priority to achieving a uni ed EU patent court and EU patent system, which promises signi cant economic bene ts to UK business. The UK should work to make the Patent Cooperation Treaty a more effective vehicle for international processing of patent applications.
3. Copyright licensing.
-
In order to boost UK rms’ access to transparent, contestable and global digital markets,
the UK should establish a cross sectoral Digital Copyright Exchange. Government should appoint a senior gure to oversee its design and implementation by the end of 2012. A range of incentives and disincentives will be needed to encourage rights holders and others to take part. Governance should re ect the interests of participants, working to an agreed code of practice.
-
The UK should support moves by the European Commission to establish a framework for
cross border copyright licensing, with clear bene ts to the UK as a major exporter of copyright
works. Collecting societies should be required by law to adopt codes of practice, approved
by the IPO and the UK competition authorities, to ensure that they operate in a way that is
consistent with the further development of ef cient, open markets.
4. Orphan works. The Government should legislate to enable licensing of orphan works. This should establish extended collective licensing for mass licensing of orphan works, and a clearance procedure for use of individual works. In both cases, a work should only be treated as an orphan if it cannot be found by search of the databases involved in the proposed Digital Copyright Exchange.
Review of Intellectual Property and Growth 98
5. Limits to copyright. Government should rmly resist over-regulation of activities which do
not prejudice the central objective of copyright, namely the provision of incentives to creators. Government should deliver copyright exceptions at national level to realise all the opportunities within the EU framework, including format shifting, parody, non-commercial research, and library archiving. The UK should also promote at EU level an exception to support text and data analytics. The UK should give a lead at EU level to develop a further copyright exception designed to build into the
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
not prejudice the central objective of copyright, namely the provision of incentives to creators. Government should deliver copyright exceptions at national level to realise all the opportunities within the EU framework, including format shifting, parody, non-commercial research, and library archiving. The UK should also promote at EU level an exception to support text and data analytics. The UK should give a lead at EU level to develop a further copyright exception designed to build into the
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
-
take a leading role in promoting international efforts to cut backlogs and manage the boom in
patent applications by further extending “work sharing” with patent of ces in other countries;
-
work to ensure patents are not extended into sectors, such as non-technical computer
programs and business methods, which they do not currently cover, without clear evidence of
bene t;
-
investigate ways of limiting adverse consequences of patent thickets, including by working
with international partners to establish a patent fee structure set by reference to innovation
and growth goals rather than solely by reference to patent of ce running costs. The structure
of patent renewal fees might be adjusted to encourage patentees to assess more carefully the
value of maintaining lower value patents, so reducing the density of patent thickets.
7. The design industry. The role of IP in supporting this important branch of the creative economy has been neglected. In the next 12 months, the IPO should conduct an evidence based assessment of the relationship between design rights and innovation, with a view to establishing a rmer basis for evaluating policy at the UK and European level. The assessment should include exploration with design interests of whether access to the proposed Digital Copyright Exchange would help creators protect and market their designs and help users better achieve legally compliant access to designs.
8. Enforcement of IP rights. The Government should pursue an integrated approach based upon enforcement, education and, crucially, measures to strengthen and grow legitimate markets in copyright and other IP protected elds. When the enforcement regime set out in the DEA becomes operational next year its impact should be carefully monitored and compared with experience in other countries, in order to provide the insight needed to adjust enforcement mechanisms as market conditions evolve. This is urgent and Ofcom should not wait until then to establish its benchmarks and begin building data on trends. In order to support rights holders in enforcing their rights the Government should introduce a small claims track for low monetary value IP claims in the Patents County Court.
Review of Intellectual Property and Growth 99
9. Small rm access to IP advice. The IPO should draw up plans to improve accessibility of the
IP system to smaller companies who will bene t from it. This should involve access to lower cost
providers of integrated IP legal and commercial advice.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empowered
to issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empowered
to issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
Can you run your company out of your pocket? Perhaps not entirely, but there are many functions today that can be
performed using an iPhone, BlackBerry, or other mobile handheld device. The smartphone has been called the "Swiss
Army knife of the digital age." A flick of the finger turns it into a Web browser, a telephone, a camera, a music or video
player, an e-mail and messaging machine, and for some, a gateway into corporate systems. New software applications for
social networking and salesforce management (CRM) make these devices even more versatile business tools.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
TCHO is a start-up that uses custom-developed machinery to create unique chocolate flavors. Owner Timothy Childs
developed an iPhone app that enables him to remotely log into each chocolate-making machine, control time and
temperature, turn the machines on and off, and receive alerts about when to make temperature changes. The iPhone app
also enables him to remotely view several video cameras that show how the TCHO FlavorLab is doing. TCHO employees
also use the iPhone to exchange photos, e-mail, and text messages.
The Apple iPad is also emerging as a business tool for Web-based note-taking, file sharing, word processing, and number-crunching. Hundreds of business productivity applications are being developed, including tools for Web conferencing, word processing, spreadsheets, and electronic presentations. Properly configured, the iPad is able to connect to corporate networks to obtain e-mail messages, calendar events, and contacts securely over the air.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
11.5 If the Review’s recommendations are acted upon, the result will be stronger rates of innovation and increased economic growth in the UK. This will happen in a context where IP law, including copyright law, is clear and observed by most people without controversy.
Review of Intellectual Property and Growth 97
11.6 The Review team has carried out an economic assessment of the impact of implementation of our recommendations, drawing on advice from the IPO’s economics team. We acknowledge the high degree of uncertainty inherent in projections of this sort. The Team’s estimate is that if the Review’s recommendations are implemented in full they will add between 0.3 per cent and 0.6 per cent to the UK’s annual GDP growth, not counting signi cant reductions in transaction costs for the public and private sectors, which the team puts at £750 million a year.
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
- In order to boost UK rms’ access to transparent, contestable and global digital markets,
the UK should establish a cross sectoral Digital Copyright Exchange. Government should appoint a senior gure to oversee its design and implementation by the end of 2012. A range of incentives and disincentives will be needed to encourage rights holders and others to take part. Governance should re ect the interests of participants, working to an agreed code of practice. - The UK should support moves by the European Commission to establish a framework for cross border copyright licensing, with clear bene ts to the UK as a major exporter of copyright works. Collecting societies should be required by law to adopt codes of practice, approved by the IPO and the UK competition authorities, to ensure that they operate in a way that is consistent with the further development of ef cient, open markets.
4. Orphan works. The Government should legislate to enable licensing of orphan works. This should establish extended collective licensing for mass licensing of orphan works, and a clearance procedure for use of individual works. In both cases, a work should only be treated as an orphan if it cannot be found by search of the databases involved in the proposed Digital Copyright Exchange.
Review of Intellectual Property and Growth 98
5. Limits to copyright. Government should rmly resist over-regulation of activities which donot prejudice the central objective of copyright, namely the provision of incentives to creators. Government should deliver copyright exceptions at national level to realise all the opportunities within the EU framework, including format shifting, parody, non-commercial research, and library archiving. The UK should also promote at EU level an exception to support text and data analytics. The UK should give a lead at EU level to develop a further copyright exception designed to build into the
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
- take a leading role in promoting international efforts to cut backlogs and manage the boom in patent applications by further extending “work sharing” with patent of ces in other countries;
- work to ensure patents are not extended into sectors, such as non-technical computer programs and business methods, which they do not currently cover, without clear evidence of bene t;
- investigate ways of limiting adverse consequences of patent thickets, including by working with international partners to establish a patent fee structure set by reference to innovation and growth goals rather than solely by reference to patent of ce running costs. The structure of patent renewal fees might be adjusted to encourage patentees to assess more carefully the value of maintaining lower value patents, so reducing the density of patent thickets.
7. The design industry. The role of IP in supporting this important branch of the creative economy has been neglected. In the next 12 months, the IPO should conduct an evidence based assessment of the relationship between design rights and innovation, with a view to establishing a rmer basis for evaluating policy at the UK and European level. The assessment should include exploration with design interests of whether access to the proposed Digital Copyright Exchange would help creators protect and market their designs and help users better achieve legally compliant access to designs.
8. Enforcement of IP rights. The Government should pursue an integrated approach based upon enforcement, education and, crucially, measures to strengthen and grow legitimate markets in copyright and other IP protected elds. When the enforcement regime set out in the DEA becomes operational next year its impact should be carefully monitored and compared with experience in other countries, in order to provide the insight needed to adjust enforcement mechanisms as market conditions evolve. This is urgent and Ofcom should not wait until then to establish its benchmarks and begin building data on trends. In order to support rights holders in enforcing their rights the Government should introduce a small claims track for low monetary value IP claims in the Patents County Court.
Review of Intellectual Property and Growth 99
9. Small rm access to IP advice. The IPO should draw up plans to improve accessibility of the IP system to smaller companies who will bene t from it. This should involve access to lower cost providers of integrated IP legal and commercial advice.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empoweredto issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empoweredto issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
Can you run your company out of your pocket? Perhaps not entirely, but there are many functions today that can be performed using an iPhone, BlackBerry, or other mobile handheld device. The smartphone has been called the "Swiss Army knife of the digital age." A flick of the finger turns it into a Web browser, a telephone, a camera, a music or video player, an e-mail and messaging machine, and for some, a gateway into corporate systems. New software applications for social networking and salesforce management (CRM) make these devices even more versatile business tools.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
The Apple iPad is also emerging as a business tool for Web-based note-taking, file sharing, word processing, and number-crunching. Hundreds of business productivity applications are being developed, including tools for Web conferencing, word processing, spreadsheets, and electronic presentations. Properly configured, the iPad is able to connect to corporate networks to obtain e-mail messages, calendar events, and contacts securely over the air.
11.5 If the Review’s recommendations are acted upon, the result will be stronger rates of innovation and increased economic growth in the UK. This will happen in a context where IP law, including copyright law, is clear and observed by most people without controversy.
Review of Intellectual Property and Growth 97
11.6 The Review team has carried out an economic assessment of the impact of implementation of our recommendations, drawing on advice from the IPO’s economics team. We acknowledge the high degree of uncertainty inherent in projections of this sort. The Team’s estimate is that if the Review’s recommendations are implemented in full they will add between 0.3 per cent and 0.6 per cent to the UK’s annual GDP growth, not counting signi cant reductions in transaction costs for the public and private sectors, which the team puts at £750 million a year.
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
Recommendations
1. Evidence. Government should ensure that development of the IP System is driven as far as possible by objective evidence. Policy should balance measurable economic objectives against social goals and potential bene ts for rights holders against impacts on consumers and other interests. These concerns will be of particular importance in assessing future claims to extend rights or in determining desirable limits to rights.
2. International priorities. The UK should resolutely pursue its international interests in IP, particularly with respect to emerging economies such as China and India, based upon positions grounded in economic evidence. It should attach the highest immediate priority to achieving a uni ed EU patent court and EU patent system, which promises signi cant economic bene ts to UK business. The UK should work to make the Patent Cooperation Treaty a more effective vehicle for international processing of patent applications.
3. Copyright licensing.
11.7 A more detailed account of this impact assessment is set out in Supporting Document EE (Economic Impact of Recommendations).
Recommendations
1. Evidence. Government should ensure that development of the IP System is driven as far as possible by objective evidence. Policy should balance measurable economic objectives against social goals and potential bene ts for rights holders against impacts on consumers and other interests. These concerns will be of particular importance in assessing future claims to extend rights or in determining desirable limits to rights.
2. International priorities. The UK should resolutely pursue its international interests in IP, particularly with respect to emerging economies such as China and India, based upon positions grounded in economic evidence. It should attach the highest immediate priority to achieving a uni ed EU patent court and EU patent system, which promises signi cant economic bene ts to UK business. The UK should work to make the Patent Cooperation Treaty a more effective vehicle for international processing of patent applications.
3. Copyright licensing.
- In order to boost UK rms’ access to transparent, contestable and global digital markets,
the UK should establish a cross sectoral Digital Copyright Exchange. Government should appoint a senior gure to oversee its design and implementation by the end of 2012. A range of incentives and disincentives will be needed to encourage rights holders and others to take part. Governance should re ect the interests of participants, working to an agreed code of practice. - The UK should support moves by the European Commission to establish a framework for cross border copyright licensing, with clear bene ts to the UK as a major exporter of copyright works. Collecting societies should be required by law to adopt codes of practice, approved by the IPO and the UK competition authorities, to ensure that they operate in a way that is consistent with the further development of ef cient, open markets.
4. Orphan works. The Government should legislate to enable licensing of orphan works. This should establish extended collective licensing for mass licensing of orphan works, and a clearance procedure for use of individual works. In both cases, a work should only be treated as an orphan if it cannot be found by search of the databases involved in the proposed Digital Copyright Exchange.
Review of Intellectual Property and Growth 98
5. Limits to copyright. Government should rmly resist over-regulation of activities which donot prejudice the central objective of copyright, namely the provision of incentives to creators. Government should deliver copyright exceptions at national level to realise all the opportunities within the EU framework, including format shifting, parody, non-commercial research, and library archiving. The UK should also promote at EU level an exception to support text and data analytics. The UK should give a lead at EU level to develop a further copyright exception designed to build into the
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
EU framework adaptability to new technologies. This would be designed to allow uses enabled by technology of works in ways which do not directly trade on the underlying creative and expressive purpose of the work. The Government should also legislate to ensure that these and other copyright exceptions are protected from override by contract.
6. Patent thickets and other obstructions to innovation. In order to limit the effects of these barriers to innovation, the Government should:
- take a leading role in promoting international efforts to cut backlogs and manage the boom in patent applications by further extending “work sharing” with patent of ces in other countries;
- work to ensure patents are not extended into sectors, such as non-technical computer programs and business methods, which they do not currently cover, without clear evidence of bene t;
- investigate ways of limiting adverse consequences of patent thickets, including by working with international partners to establish a patent fee structure set by reference to innovation and growth goals rather than solely by reference to patent of ce running costs. The structure of patent renewal fees might be adjusted to encourage patentees to assess more carefully the value of maintaining lower value patents, so reducing the density of patent thickets.
7. The design industry. The role of IP in supporting this important branch of the creative economy has been neglected. In the next 12 months, the IPO should conduct an evidence based assessment of the relationship between design rights and innovation, with a view to establishing a rmer basis for evaluating policy at the UK and European level. The assessment should include exploration with design interests of whether access to the proposed Digital Copyright Exchange would help creators protect and market their designs and help users better achieve legally compliant access to designs.
8. Enforcement of IP rights. The Government should pursue an integrated approach based upon enforcement, education and, crucially, measures to strengthen and grow legitimate markets in copyright and other IP protected elds. When the enforcement regime set out in the DEA becomes operational next year its impact should be carefully monitored and compared with experience in other countries, in order to provide the insight needed to adjust enforcement mechanisms as market conditions evolve. This is urgent and Ofcom should not wait until then to establish its benchmarks and begin building data on trends. In order to support rights holders in enforcing their rights the Government should introduce a small claims track for low monetary value IP claims in the Patents County Court.
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9. Small rm access to IP advice. The IPO should draw up plans to improve accessibility of the IP system to smaller companies who will bene t from it. This should involve access to lower cost providers of integrated IP legal and commercial advice.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empoweredto issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
10. An IP system responsive to change. The IPO should be given the necessary powers and mandate in law to ensure that it focuses on its central task of ensuring that the UK’s IP system promotes innovation and growth through ef cient, contestable markets. It should be empoweredto issue statutory opinions where these will help clarify copyright law. As an element of improved transparency and adaptability, Government should ensure that by the end of 2013, the IPO publishes an assessment of the impact of those measures advocated in this review which have been accepted by Government.
Can you run your company out of your pocket? Perhaps not entirely, but there are many functions today that can be performed using an iPhone, BlackBerry, or other mobile handheld device. The smartphone has been called the "Swiss Army knife of the digital age." A flick of the finger turns it into a Web browser, a telephone, a camera, a music or video player, an e-mail and messaging machine, and for some, a gateway into corporate systems. New software applications for social networking and salesforce management (CRM) make these devices even more versatile business tools.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
The BlackBerry has been the favored mobile handheld for business because it was optimized for e-mail and messaging, with strong security and tools for accessing internal corporate systems. Now that's changing. Companies large and small are starting to deploy Apple's iPhone to conduct more of their work. For some, these handhelds have become necessities.
Doylestown Hospital, a community medical center near Philadelphia, has a mobile workforce of 360 independent physicians treating thousands of patients. The physicians use the iPhone 3G to stay connected around the clock to hospital staff, colleagues, and patient information. Doylestown doctors use iPhone features such as e-mail, calendar, and contacts from Microsoft Exchange ActiveSync. The iPhone allows them to receive time-sensitive e-mail alerts from the hospital. Voice communication is important as well, and the iPhone allows the doctors to be on call wherever they are.
Doylestown Hospital customized the iPhone to provide doctors with secure mobile access from any location in the world to the hospital's MEDITECH electronic medical records system. MEDITECH delivers information on vital signs, medications, lab results, allergies, nurses' notes, therapy results, and even patient diets to the iPhone screen. "Every radiographic image a patient has had, every dictated report from a specialist is available on the iPhone," notes Dr. Scott Levy, Doylestown Hospital's vice president and chief medical officer. Doylestown doctors also use the iPhone at the patient's bedside to access medical reference applications such as Epocrates Essentials to help them interpret lab results and obtain medication information.
Doylestown's information systems department was able to establish the same high level of security for authenticating users of the system and tracking user activity as it maintains with all the hospital's Web-based medical records applications. Information is stored securely on the hospital's own server computer.
D.W. Morgan, headquartered in Pleasanton, California, serves as a supply chain consultant and transportation and logistics service provider to companies such as ATE1T, Apple Computer, Johnson & Johnson, Lockheed Martin, and Chevron. It has operations in more than 85 countries on four continents, moving critical inventory to factories that use a just-in-time (JIT) strategy. In JIT, retailers and manufacturers maintain almost no excess on-hand inventory, relying upon suppliers to deliver raw materials, components, or products shortly before they are needed.
In this type of production environment, it's-absolutely critical to know the exact moment when delivery trucks will arrive. In the past, it took many phone calls and a great deal of manual effort to provide customers with such precise up-to-the- minute information. The company was able to develop an application called ChainLinq Mobile for its 30 drivers that updates shipment information, collects signatures, and provides global positioning system (GPS) tracking on each box it delivers.
As Morgan's drivers make their shipments, they use ChainLinq to record pickups and status updates. When they reach their destination, they collect a signature on the iPhone screen. Data collected at each point along the way, including a date-and time-stamped GPS location pinpointed on a Google map, are uploaded to the company's servers. The servers make the data available to customers on the company's Web site. Morgan's competitors take about 20 minutes to half a day to provide proof of delivery; Morgan can do it immediately.
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