IP is like chess

The game of chess:

Chess is a board game played between two players. The current form of the game emerged in southern Europe during the second half of the 15th century after evolving from similar, much older games of Indian and Persian origin.

Today, chess is one of the world's most popular games, played by millions of people worldwide.

Chess is an abstract strategy game and involves no hidden information. It is played on a square chessboard with 64 squares arranged in an eight-by-eight grid.

At the start, each player (one controlling the white pieces, the other controlling the black pieces) controls sixteen pieces: one king, one queen, two rooks, two knights, two bishops, and eight pawns.

The object of the game is to checkmate the opponent's king, whereby the king is under immediate attack (in "check") and there is no way for it to escape. There are also several ways a game can end in a draw.

Casual games of chess usually last from 10 to 60 minutes. Tournament games last anywhere from about 10 minutes to 6 hours or more.?

Three-dimensional chess (or 3D chess) is any chess variant that uses multiple boards representing different levels, allowing the chess pieces to move in three physical dimensions. In practical play, this is usually achieved by boards representing different layers being laid out next to each other.

A simultaneous exhibition or simultaneous display is one in which one player (typically of high rank, such as a grandmaster) plays multiple games at a time with a number of other players.

The International Chess Federation (FIDE) is the governing body of the sport of chess, and it regulates all international chess competitions.

The game of IP:

I suggest that the game of IP is like playing a game of chess but with some additional complexity.

Allow me to explain some of this complexity.

The pieces in this IP game are very different to the chess pieces (i.e. king, queen, rook, knights, bishop, and pawns). The IP pieces include such pieces as patents, trademarks, copyright, designs, trade secrets, know-how, domain names, social media handles, geographical indications, plus some more. The number and mix of pieces will vary from one player to another. Plus each of these IP pieces have associated oddities and idiosyncrasies.

Whereas the chess board is a square chessboard with 64 squares arranged in an eight-by-eight grid, the IP board is much more complex.

The chess simultaneous exhibition may be limited to say 15 persons sitting across the table, this is not the case in an IP simultaneous exhibition and you may have to play against many many others, some obvious, others non-obvious.

As stated above, there is no hidden information in chess, but this is not the case in IP. Certain aspects of IP are hidden away and kept secret.

Forget 10 minutes or 6 hours when it comes to the game of IP. It is continuous with no start or end.

The rules of chess have been fixed since the 15th century. But this is not the case with this IP game. In this IP game, the rules are changing regularly - patent reform changes, new trade secrets laws, changes in copyright, IP changes thanks to TRIPS, etc. Imagine the rules changing in the middle of the game.

Whereas chess has one entity governing the sport, IP does not have this. Yes there is the World Intellectual Property Office but in reality different entities govern different aspects of IP, particularly when it comes to unregistered forms of IP.

Also, there are subtle and not so subtle differences in the rules of this IP game from one jurisdiction to another. This is important to appreciate as the IP board for many extends across multiple jurisdictions.

The game of chess has its cheats. The idea of cheating in chess is not new - but the invention of the smartphone has made it much easier. The best chess apps, many of them available for free, are now significantly stronger than even the top players. By inputting games into an app, the computer will quickly show near-perfect moves. For that reason the use of phones in over-the-board games is banned. But there have been cases of players finding clandestine ways to cheat, including one who was caught with phones strapped to his leg and a micro earpiece telling him moves.

The same problem plagues IP but to a much greater degree. People and organizations cheat - infringing or misappropriating the IP of others, failing to adhere to the IP terms and conditions in Agreements, using IP for tax avoidance, getting involved with counterfeiting, etc.

IP is like chess:

I suggest that the game of IP is like playing a simultaneous exhibition of 3D chess where the board is more more extensive than a simple eight by eight grid, the pieces are much more complex, it goes on forever, and the rules of the game are fluid, even changing mid game.

Welcome to IP !!!

Donal O'Connell is the Managing Director of Chawton Innovation Services