Blockchain and Intellectual Property: An Interdependent Relationship

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1 Blockchain and Intellectual Property: An Interdependent Relationship 1

2 Blockchain is a New Type of Database Shared Source of Truth Distributed every participant has a copy Accurate trust mechanism used to verify entries Immutable the magic of cryptography 2

3 Chamber of Digital Commerce U.S based Trade Association Global Blockchain Forum Australian Digital Currency Commerce Association Japan Blockchain Association United Kingdom Digital Currency Association Association of Cryptocurrency Enterprises and Startups Singapore (ACCESS) Blockchain IP Council Co-chairs Marc Kaufman, Rimon PC Patrick Murck, Cooley & Fellow at Berkman Klein Center at Harvard James Murdock, Blockstream Promote innovation in blockchain and distributed ledger technologies (DLT) by addressing intellectual property issues 3

4 Credit Where Credit is Due All patent search and analytics by Questel Orbit Special thanks to Daniella Hoyos 4

5 Yin and Yang: Although two elements may be totally different in their individual qualities and nature, they are interdependent and attract and complement each other. Doubled-edged Sword : From the notion that if two sides of the same blade are sharp, it cuts both ways. 5

6 Our Agenda The Yin : Using IP theories to protect blockchain technology The Yang : using blockchain technology to protect IP The first edge: Criminal threats presented by the use of Blockchain technology The second edge: Blockchain technology as a tool for law enforcement 6

7 The Yin : Using IP theories to protect blockchain technology 7

8 Emerging Proprietary Rights Many implementations are Open Source Bitcoin Ethereum Hyperledger Emerging landscape of proprietary rights 8

9 Patent Filing Trends Satoshi Nakamoto Whitepaper Incomplete Apr-17 Sep *

10 Patent Filing Jurisdictions WO January June December Apr-17 Sep-17

11 Segments of the Eco-System Academic Institutions Blockchain & Crypto- Currency Companies Financial Institutions Fintech Companies Technology Corporations Payments Mining Encryption Smart Contracts Authentication

12 Top 10 Players: Technology Category UNIVERSITY OF ELECTRONIC SCIENCE & TECHNOLOGY OF CHINA PAYPAL HIGH TECH PRIVATE EQUITY FUND HANGZHOU FUZAMEI TECHNOLOGY COINPLUG CLOUDMINDS BUBI NETWORK TECHNOLOGY BT BANKNOTE CREDIT CARD INDUSTRY DEVELOPMENT BANK OF AMERICA [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] [BUBBLE SIZE] Payments Encryption Mining Smart Contracts Identity Verification

13 Trend by Technology Category Incomplete AUTHENTICATION ENCRYPTION MINING PAYMENTS SMART CONTRACTS

14 What does the future hold? Increased patent filings/increased risk Patent Assertion Entities Need for parties to have an IP strategy Ecosystem collaboration will be critical to foster innovation Patent quality Innovation Agreements (Blockstream) Patent pool 14

15 Branding Opportunities The top players are diverse Legacy technology Large financial Academic Newcomers Players will be seeking brand recognition in this ecosystem Protection and enforcement will be critical

16 The Yang : Using Blockchain Technology to Protect IP

17 What is Intellectual Property? refers to creations of the mind. (WIPO)

18 IP is Defined by Documentation Database Trademark Registration Patents Ownership records Trusted Authorities EUIPO USPTO/State Databases EPO Spotify

19 Is there a Better Way? Track ownership/transactions Effect payments Integrate data Provide transparency

20 What if we carve it in stone? Immutability Mutual Trust Transparency

21 Imagine the Possibilities IP components Ownership Identity Provenance Supply chain We can record and verify with certainty! Smart Contracts can control business processes

22 Existing Implementations

23 The Double-Edged Sword

24 Criminal Activity

25 Criminals Rely on Opacity of Provenance

26 Blockchains can Provide Transparency Enforcement agencies can be a node Immutability allows forensics Chainalysis

27 In Summary IP and blockchain are interrelated Blockchain is transformative IP protection will drive innovation in the ecosystem Blockchain technology will transform IP protection and enforcement Blockchain technology provides opportunities for both pirates and law enforcement

28 Marc Kaufman Chamber of Digital Commerce