Internet of Things (IoT)—key legal issues


Produced in partnership with Matthew Hunt of Bristows and Pat Treacy of Bristows
Practice notes

Internet of Things (IoT)—key legal issues


Produced in partnership with Matthew Hunt of Bristows and Pat Treacy of Bristows

Practice notes
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The Internet of Things (IoT) is the term given to everyday objects (not just traditional computing devices, such as laptops and smartphones) which are connected to the internet. Other language used in connection with the IoT include: connected devices, smart objects, the internet of services, machine-to-machine (M2M) technology, sensor networks, the network of networks and Pervasive computing or ubiquitous computing.

IoT can be applied to objects as diverse as running shoes, buildings, cars, fridge-freezers and drones. Using embedded technology, such objects can communicate and interact over the internet, with each other, the user, the service provider and/or their environment, and they can be remotely monitored and controlled.

This Practice Note provides an introduction to IoT technology and considers the following issues:

  1. •

    the technology behind the IoT

  2. •

    identifying the legal issues

  3. •

    Application programming interfaces (APIs)

  4. •

    telecommunications and electrical equipment

  5. •

    Intellectual property—an overview and a deeper dive into ownership and licensing issues

  6. •

    competition law

  7. •

    consumer protection

  8. •

    liability and fault

  9. •

    compliance requirements

  10. •

    the appropriate contracting model

Matthew Hunt
Matthew Hunt

Bristows

Matthew is an associate in the Competition & EU department at Bristows LLP, based in London.

Matthew has been involved in a number of high-profile cases in the TMT sector. He was part of the team defending Google against an abuse of dominance claim brought by the online mapping company Streetmap, as well as the team representing Samsung in litigation issued by Unwired Planet relating to 'FRAND' aspects of standard essential patent licensing. He is currently involved in a number of on-going FRAND disputes, both for SEP holders and implementers.

Matthew has significant experience dealing with the practical issues that arise during litigation, particularly in relation to: confidentiality; privilege; co-ordinating litigation across jurisdictions; and overlapping European Commission investigations, including disputes as to whether claims are follow-on or standalone. He has also spent time on secondment to the in-house litigation team of a leading technology company.

Matthew regularly advises on issues arising out of distribution, licensing and settlement agreements, particularly in the pharmaceutical and TMT sectors. He also gives advice and training on competition law compliance, including on dawn raids. He is a regular contributor to the Bristows' CLIP Board blog on the interface between competition and IP law, and has also written for publications including the Journal of European Competition Law & Practice, Competition Law Journal, and the Journal of Intellectual Property Law & Practice.

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Pat Treacy
Pat Treacy

Bristows

Pat Treacy is a partner in the Competition team at Bristows LLP. Pat has specialised in EU law and competition law for almost 30 years and has been involved in landmark cases at EU and national level. In addition to her expertise across the range of competition law, she has particular strengths in advising on the complex legal and policy issues arising where competition law and intellectual property law intersect. Consequently, clients in high technology sectors including life sciences and TMT seek her advice regularly. Pat represents clients before the competition authorities and the courts, whilst also advising on competition law issues in complex agreements (including settlement, R&D and licensing agreements). Pat advises many of the Firm's clients on the competition law responsibilities affecting dominant companies. She and her team assist clients with competition compliance programmes and preparation for "dawn raids". Pat is a member of the Competition Law Association; the British Institute of International and Comparative Law; and the Antitrust section of the American Bar Association. She is on the editorial board of the Journal of Intellectual Property Law and Practice. Pat lectures and writes widely on topical issues. She also teaches the competition law module on the University of Oxford Postgraduate Diploma in Intellectual Property Law and Practice course.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Pervasive computing definition
What does Pervasive computing mean?

A concept which describes a situation in which computing capability is embedded into numerous different devices around the home or office (eg fridges, washing machines, cars, etc). Also referred to as ubiquitous computing. Pervasive communications implies that the microchips in these devices are also able to communicate, for instance their location and status.

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