Transcript Power Point Presentation

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ITU – WIPO Symposium
The future for telcos is all IP (Intellectual Property)
8 October 2009
Malcolm Webb
Partner
Webb Henderson
Legal and Regulatory Advisors
www.webbhenderson.com
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Internet Protocol
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Intellectual Property
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“Video is going to be the core product
in the fixed-line business”
Ivan Seidenberg, the chief executive of Verizon Communications
(New York Times, September 17th 2009)
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Sharks of the digital age
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Unruly Disruptive Unregulated
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Market power from IPRs
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heavy ex ante access regulation
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Network effects
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More apps
More users
More apps
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market power concerns over
IPRs
same as
market power concerns over
physical bottlenecks
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Watering down of rights
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Mandated access
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Dim investment incentives
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Standards
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Greater role for
proprietary
technologies
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“This anti-trust thing
will blow over”
Bill Gates 1999
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Exceptional circumstances
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1.
Indispensible
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2.
Eliminate effective
competition
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3.
Prevent emergence of
new products
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No objective justification
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“...the proliferation of nomadic services requires
networks, handsets, content protection and security
applications that are interoperable. Most of the time,
these issues are resolved by market mechanisms: the
win-win of open interfaces and standards is that the
market can grow for all. However, and this is
particularly relevant in the presence of network
externalities, dominant players may try to use
proprietary standards to lock consumers into
their products or to extract very high royalties
from market players. EC competition rules will
play an important role in tackling such practices.”
European Commission 2008
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Platforms
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Project Kangaroo
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JV prohibited
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The Economist 2009
Thank you.
[email protected]
www.webbhenderson.com