Tyler Burns of WiLAN addresses need for greater digital IP protection

Intellectual property concerns have been a near constant issue in our internet digital age. The information superhighway created an easy way to connect and share with others; but at the same time, it became a fertile ground for intellectual property theft and piracy. Lack of restrictions and a lack of an enforceable regulatory environment in the early days of the internet, coupled with unprecedented access to new intellectual information, created a space that was likened to the online Wild West (http://nationalinterest.org/feature/the-internet-lawless-wild-west-10638)

The situation came to a head in late 2011 when the Protecting Intellectual Property Act (PIPA) and the Stop Online Piracy Act (SOPA) were introduced by U.S. lawmakers. The OSCE Representative on Freedom of the Media, Dunja Mijatović, addressed the American acts and the European Anti-Counterfeiting Trade Agreement (ACTA) (http://www.osce.org/fom/87167) that was being enacted in 2012: “Guaranteeing freedom of expression and intellectual property rights is important for a thriving creative industry in our information societies,” Mijatović said. “At the same time, copyright laws should be limited in time and scope, encourage innovation and not hinder the free flow of information and freedom of speech, especially on the Internet and across borders.”

Finding a balance between sharing information and protecting intellectual property has continued to be a primary issue with many. Some experts are adamant that violators need to be prosecuted, like in the case of the Dallas Buyers Club.  The Australian Federal Court ruling (http://www.lawyersweekly.com.au/features/16860-battling-pirates-in-the-digital-age) passed down in April, gave the owners of Dallas Buyers Club access to the personal information of 4,726 Australians who allegedly used peer-to-peer file sharing software to download the movie.

On the other hand, other industry insiders support the need for patent and copyright laws to be overhauled, citing long waits and backlogs that can impede a company’s growth, market viability, and longevity.

“There clearly is a backlog of applications. Today there are over 500,000 patent applications filed every year, and the backlog of unexamined applications is in the neighborhood of two years just to get started on the examination, Nicholas P. Godici, executive adviser to the law firm Birch, Stewart, Kolasch & Birch, Godici and the former (US) Commissioner of Patents, told the San Diego Union- Tribune  (http://www.sandiegouniontribune.com/news/2012/aug/05/protecting-intellectual-property-digital-age/?ap) . “On the other hand, it’s important in some industries and not as important in other industries. So as you can imagine with the computer-related companies, technology moves so fast that it makes sense that inventors want to have their applications examined quickly to get the results out there.”

In Canada, the Canadian government defines intellectual property as (http://www.canadabusiness.ca/eng/page/2724/) “the legal rights to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. It also covers symbols, names, images, designs and models used in business.” The website that outlines (http://www.canadabusiness.ca/eng/page/2724/) Canadian patent and copyright laws also urges companies to protect themselves from infringement and theft. “You may not realize it, but your business may be creating IP assets that should be protected.”

Canadian company WiLAN is a leader in the intellectual property licensing community.  WiLAN helps companies protect and unlock the value of intellectual property by managing and licensing their patent portfolios. Tyler Burns (https://about.me/tyler.burns), Director of Investor Relations for WiLAN, points out, “Your intellectual property is the most valuable and sometimes only asset you have, so it’s important to move fast to ensure you own it before someone else does.” This process should start even before you begin your business. “It is important to understand who holds essential intellectual property in that area to avoid massive headaches later,” Tyler Burns of WiLAN adds.

Protecting intellectual property is increasingly complicated in our digital world, which is why companies like WiLAN are attractive, since they stay abreast of the latest developments in patent and copyright licensing and protection around the globe. “Patents are only national in scope. To get patent protection in other countries, you have to file in each country. So, if you have an important idea or invention, you’ve got to file it in more than one country,” WiLAN’s Tyler Burns (http://tylerburns.brandyourself.com/) mentions. “ It’s amazing how many people think if they file in just Canada or the U.S., they’re protected and they’re not, because maybe it’s manufactured offshore and they end up losing a lot of the market for their idea.”

Protecting intellectual property is fundamental to business viability.  Unfortunately, intellectual property theft is big business. A 2013 IP Commission Report (http://www.ipcommission.org/report/ip_commission_report_052213.pdf) estimated costs of intellectual property theft in excess of $300 billion in the United States alone. Even a small IP breach can set a business back and in the worst case scenario destroy it. All to say, it’s never too early to protect and defend intellectual property against theft and mismanagement.