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Sharing The Vehicle: Connected Car - Collaborative Intellectual Property Issues

The “connected car” is viewed as the new platform for a whole host of new innovative technologies. From OEM vehicle manufacturers to the largest of technology companies, many different players are interested in the up and coming “connected car” platform and some consideration must be given as to how the innovative technology is shared, distributed and managed. Innovation for the “connected car” involves the vehicle manufacturers, many large Silicon Valley companies, and small to medium sized business all vying for inclusion into the platform. Many market participants understand that sharing and cooperation are the only “sure bets” when it relates to the “connected car” platforms. As with most industry sectors, the “connected car” platform must include many different companies in order to deliver the best results to the consumer. And doing so requires preparation and planning ahead of product release.

Management of technology contracts related to the “connected car” will surely be an issue going forward. For example, how indemnity is handled between the software providers for certain “connected car” technologies and the vehicle manufacturers will be a key issue. Is indemnity shared, relegated to a lone party, or capped based upon the technology at issue are all consideration facing the industry participants.

Personally identifiable information is also a key consideration. For use cases such as paying for gas and other products with your car, use and access of driver information, demographic information, as well as data related to such simple tasks as vehicle maintenance, consideration must be given to how data is shared, protected, and potentially encrypted. Based upon these use cases contracts between the technology and vehicle providers will be essential in providing the landscape for protecting such data and privacy issues loom for all participants. Regarding innovation, patents or patent pools related to a given technology by the dominant market players will also play a role in the industry landscape. Can market participants identify a path forward such that patents and other research and development are leveraged in a cooperative manner via contract or otherwise? Such questions will be the foundation of how the industry for the “connected car” handles such large-scale issues as intellectual property moving forward.

Thus, how the industry “shares the pie” will have long-lasting ramification and if done right will result in less intellectual property disputes and hopefully a better product for consumers.

For more information on this topic, please visit our Technology Transactions service page, which is part of our Technology & Data practice.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the intellectual property law firm and its intellectual property attorneys may be found at www.klemchuk.com.

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