There's a lot of pressure from the US (and some of it's allies) to "harmonize" with American ideas about patents and copyrights. The response by different nations has been wildly different -- some have chosen to play along while others have chosen to resist. What makes sense for one country won't make sense for another and it's all in the details. This talk examines existing legal patterns, the state of local economies and varying trade relationships in an effort to survey what kinds of resistance are possible or effective.

1. FOSDEM
Deb Nicholson
Feb. 4th
2018
Harmonize or Resist?
A Global Survey of Strategies
for Freedom and Free Software

2. @baconandcoconut
deb@openinventionnetwork.com

3. CERTAINTY

6. THE PENDULUM

7. Shared everything

8. “Portable”

9. Not so powerful
on their own

10. Still waiting for
the year of the
Linux Desktop

12. Centralization
& Capitalism

13. Wearables

14. What if
you could
take it
with you?

15. HARMONIZATION

16. IP5

17. Patent quality“ ”

18. Who
do you
know?

19. Geography
& culture

20. Historical
relationships

21. Smartphones

22. THE RESISTANCE

23. It s us’

24. Improve local scope

25. Things we don t’
have laws about yet

27. ANTI-COMPETITION

28. Competition
Commission of India

32. Tying and Bundling Involving Standard-Essential Patents
Wong-Ervin, Koren and Hicks, Evan and Slonim, Ariel George Mason Law
Review (April 21, 2017).
“Courts and competition enforcers
should reject pleas to impose special
rules or burdens of proof for conduct
involving SEPs...”

34. BRICS Competition Conference on
International Cooperation and
Competition Policy (5th
event!)

35. Refusal to take a license
constitutes infringement
Unwired Planet vs. Huawei, 2017

36. GO GLOBAL,
AT HOME

38. Transatlantic Trade
& Investment Partnership

39. The Marrakesh Miracle

40. BUILD STUFF

41. Platforms that empower

42. Hyper-local

43. CONCLUSION

45. Further Reading
LOW-QUALITY PATENTS IN THE EYE OF THE
BEHOLDER: EVIDENCE FROM MULTIPLE
EXAMINERS
2016 by Ga tan de Rassenfosse, Adam B. Jaffe, and© é
Elizabeth Webster.
‘Essential telecom patents: How to win’
FRANDs and influence people
by King & Wood Mallesons on lexology.com April 5th, 2017
Tying and Bundling Involving Standard-
Essential Patents
Wong-Ervin, Koren and Hicks, Evan and Slonim, Ariel
George Mason Law Review (April 21, 2017).

46. Picture Credits
CC.BY: Texture Gren No. 40 by Elne (Flickr), How I eat my M&M's by
QFamily (Flickr), Cookie Jars by Schezar (Flickr)
CC.BY.SA: 3 Resistors by AFrank99 on Wikipedia, Brick wall with a layer
of white paint by Alexander Boucher (Flickr), Clowns by Johann
Legrand (Flickr), Portable Computers by Dennis VanZuijlekom (Flickr),
Guitar strings by Deelight on Wikipedia, Resistor by Nunikasion on
Wikipedia, 10hz by Fernando Marcelino (Flickr)
Fair Use: DMARC image, Matrix Cloud Meme, Picard Borg owned by
Gene Rodenberry, Alicia Vikander From Ex Machina owned by
Universal Pictures, Infographic Patterns of World Trade owned by
Euromonitor International, People using the Indian Smartphone from
BBC and owned by Associated Press, Xiaomi logo, Car from Cars owned
by Disney Pixar
Global Economy by GDP from howmuch.net, TPP Grave courtesy of
Tombstone Maker, http://name.vukki.net/tombstone/
Font: Chunk Five available under the Open Font License

47. Questions?
@baconandcoconut
deb@openinventionetwork.com