Private Law Theory

ABSTRACT
This chapter will present the main intellectual property (IP) issues in the Internet of Things (IoT) and concentrate on one of them, that has been framed as ‘death of ownership’ by Joshua Fairfield in Owned, a seminal book that will provide an initial framework to understand this issue. Ownership of smart devices (called ‘Things’ in this book) is dying either because of the shift from sale to subscription or because users only formally own their Things but they cannot exercise any of the powers traditionally associated to property as IoT companies control every layer of the Thing throughout its lifecycle by technical, factual, and legal means. This chapter will critically assess whether the death of ownership can be resolved either through limitations internal to IP or through external ones. As to the former, the analysis will be centred on IP exceptions or defences. The empowering potential of this solution is called into question by the overlaps between IPRs. As to the latter, the focus will be on competition law, namely on the so-called standard-essential patents (SEPs) that should be licensed on fair, reasonable, and non-discriminatory (FRAND) terms.

Noto La Diega, Guido, The Internet of Things (You Don’t Own) under Bourgeois Law: An Integrated Tactic to Rebalance Intellectual Property (2022), Chapter 6 in Guido Noto La Diega, Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies (Routledge 2022) 275-340.