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An Overview of National and International Intellectual Property Systems and the Role of WIPO Guriqbal Singh Jaiya Director, SMEs Division World Intellectual.

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Presentation on theme: "An Overview of National and International Intellectual Property Systems and the Role of WIPO Guriqbal Singh Jaiya Director, SMEs Division World Intellectual."— Presentation transcript:

1 An Overview of National and International Intellectual Property Systems and the Role of WIPO Guriqbal Singh Jaiya Director, SMEs Division World Intellectual Property Organization (WIPO)

2 Status: An intl intergovernmental organization Member States: 183 Staff: 915 from 94 countries Treaties Administered: 24 Decisions by: GA, CC, WIPO Conference Guiding Principles: Transparency, Accountability, Consensus To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member States WIPOs Mission: Basic Facts about WIPO

3 Milestones : 1883 to 2006 Paris Convention Berne Convention Madrid Agreement BIRPI Hague Agreement BIRPI moves to Geneva WIPO Convention WIPO established PCT Madrid Protocol Internet Treaties

4 Intellectual Property: A Tool for Development In the age of the knowledge economy, the efficient and creative use of knowledge is a key determinant of international competitiveness, wealth creation and improved social welfare. An effective intellectual property (IP) system embedded within a national strategy which anchors IP considerations firmly within the policy-making process will help a nation to promote and protect its intellectual assets, thereby driving economic growth and wealth creation. Kamil Idris WIPO Director General

5 Types of IP Rights Trade Secrets Copyright and Related Rights Industrial Designs Trademarks (Brands) Geographical Indications Utility Models and Patents New Varieties of Plants Unfair Competition

6 Strategic Goals Promotion of an IP culture –build a foundation for more solid & extensive IP culture –better understanding & use of IP system. –Greater respect for IP rights IP policies as part of Natl Dvpt. Strategies Development of balanced IP laws responsive to emerging needs Delivery of quality global IP protection systems Enhanced Access to IP System –practical solutions to empower all stakeholders to develop, protect, enforce, manage and commercially exploit IPRs for development

7 Outreach Intellectual Property Offices Public Sector & Policy-Makers General Public, Private Sector & Civil Society Building awareness

8 WIPOs Activities Norm- Setting Services to Industry Economic Development

9 AIM: Progressive development of international IP law for an IP system that is: –balanced/responsive to emerging needs –effective in encouraging innovation/creativity –sufficiently flexible to accommodate national policy objectives Address/provide info. on current & emerging issues in IP - (review/discussion of topical issues in standing committees). NORM SETTING

10 A Success Story: Functional challenges: (success has generated operational issues) Political challenges: (greater public scrutiny) > Clarify current/emerging issues > Discuss improvements in op. principles/practice > Address issues in line with national/international economic development strategies Aim: Take into account interests of all stakeholders. A system that is balanced, reliable, swift, user-friendly, accessible, cost-effective atents

11 NORM SETTING opyright & Related Rights: - encourage broader use of system - ensure it is in line with digital environ. Priorities: Implementation of WCT/WPPT ( major step forward in updating CR at international level) Build consensus on topical issues

12 NORM SETTING Tools for domestic/international commerce, marketing strategies Develop intl TM law (TLT Revision) Legal advice Promote convergence of admin. practices Soft Law approach Promote dvpt./use of registration systems rademarks, Designs, Geographical Indications

13 NORM SETTING Traditional Knowledge, Access to Genetic Resources, Folklore Aim: Generate practical benefits from using IPS/use IP assets to support socio-ec. development, cultural integrity of communities/address concerns of indigenous peoples, etc Genetic Resources & Benefit Sharing Traditional Knowledge & Innovations. IGC (2000): Intl Forum for tackling issues at several interlocking levels debating broad policy and legal questions; sharing practical experience; and developing practical tools and mechanisms Current situation: Maturing process - common objectives/ core principles. WIPO GA: new mandate - international dimension/no outcome excluded

14 ECONOMIC DEVELOPMENT To maximize strategic use of IP for development by: - updating IP legislation - upgrading IP infrastructure - demystifying IP - promoting understanding of policy options offered by IPS Approach: tailored to specific national needs (NFAPs, etc. via regional offices) Focus Shift: deliverables, capitalize on assistance rendered.

15 EMPHASIS ON …. Networks - synergistic relationships Outreach Training Collective Copyright Management Organizations Promotion of Creativity and Innovation

16 Distance Learning Program Professional Training Policy Dvpt., Teaching & Research Approach: Training trainers »Partnerships with Academic Institutions/IGOs/NGOs - synergies for dvpt. »Joint programs/publications, promo. materials WIPO WORLDWIDE ACADEMY ACADEMIC TRAINING

17 I NNOVATORS & SMES Dynamic Economic Sector Aim: improve IP awareness to enable formulation & implementation of: –policies; –programs; –strategies to enhance strategic use of IP assets by R&D, Innovators/SMEs e.g. licensing agreements; finance; IP information to monitor competitors, etc.

18 GUIDELINES & FILING SERVICES I. Enhancement of global protection systems to further simplify and reduce costs of obtaining protection in multiple countries for: PATENTS (PCT): - PCT Reform - E-filing TRADEMARKS (MADRID) INDUSTRIAL DESIGNS (HAGUE) GEOGRAPHICAL INDICATIONS (LISBON) MICRO-ORGANISMS (BUDAPEST)


20 WIPO LEGAL SERVICES Alternative dispute resolution (ADR) offered by WIPO Arbitration & Mediation Center - tailor- made D R procedures, e.g.: - UDRP criteria: - identical/confusingly similar - legitimate interest - bad faith - cost-effective and expeditious procedure (see - WIPO Trademark Database Portal (

21 WIPOS INCOME Total: 531 M CHF

22 From Invention to Innovation While invention depends upon creativity, successful technological innovation requires integrating new knowledge with multiple business functions.

23 Innovation – What is it? The creation of new ideas/processes which will lead to change in an enterprises economic or social potential [P. Drucker, The Discipline of Innovation, Harvard Business Review, Nov-Dec, 1998, 149]

24 What is Innovative Thinking? –A means of generating innovation to achieve two objectives that are implicit in any good business strategy: make best use of and/or improve what we have today determine what we will need tomorrow and how we can best achieve it, to avoid the « Dinasaur syndrome » –Innovative thinking has, as a prime goal, the object of improving competitiveness through a perceived positive differentiation from others in: Design/Performance Quality Price Uniqueness/Novelty

25 Obstacles to Successful Innovation Competitive positionCompetitive position Market judgementMarket judgement Technical performanceTechnical performance Manufacturing expertiseManufacturing expertise Financial resourcesFinancial resources

26 How to classify newness and degree of innovation and what to focus on: New to the firm? First in the market? First in the world? Incremental or radical innovation? Innovation

27 There are several types of new products. Some are new to the market, some are new to the firm, and some are new to both. Some are minor modifications of existing products while some are completely innovative

28 Product Development Strategies Old Market New Market Old Product New Product Market Penetration Product Development Market Development Product Diversification

29 Marketing principles……. Identify opportunities and threatsIdentify opportunities and threats Identify customer needsIdentify customer needs React to a competitive environmentReact to a competitive environment Careful planning to make a New or improved productCareful planning to make a New or improved product Use the 4 Ps….Use the 4 Ps…. Product service Product service Price Price Promotion Promotion Place (distribution) Place (distribution) Retain flexibility to react to changesRetain flexibility to react to changes

30 The Development of Technology: From Knowledge Generation to Diffusion Basic Knowledge Invention Innovation Diffusion IM ITATION ADOPTION Supply side Demand side

31 Innovation Process The adoption of an innovation by similar firmsThe adoption of an innovation by similar firms Usually leads to product or process standardizationUsually leads to product or process standardization Products based on imitation often are offered at lower prices but with fewer featuresProducts based on imitation often are offered at lower prices but with fewer features Invention Innovation Imitation

32 The Innovation Process An innovation starts as an idea/concept that is refined and developed before application. Innovations may be inspired by reality (known problem). The innovation (new product development) process, which leads to useful technology, requires: –Research –Development (up-scaling, testing) –Production –Marketing –Use Experience with a product results in feedback and leads to incrementally or radically improved innovations.

33 Translation of a Creative Idea into Useful Application Analytical Planning Organizing Resources Implementation Commercial Application To Identify: Product Design Market Strategy Financial Need To Obtain: Materials Technology Human Resources Capital To Accomplish: Organization Product Design Manufacturing Services To Provide: Value to Customers Rewards to Employee Revenue to Investors Satisfaction of Founders The Innovation Process

34 The Profitability of Innovation Legal protection Complementary resources Ease of imitation of technology Lead time Profits from Innovation Value of an innovation Innovators ability to appropriate value from an innovation

35 Value Appropriation from Innovation Barriers to Integration Different Time Interpersonal Different Goal Formality of Orientation Orientation Orientation Structure Facilitators of Integration Shared Values Leaders Vision Effective Budget Allocation Communication Appropriating Value from Innovation Cross- Functional Integration/ Design Teams Time to Market Product Quality Creation of Customer Value

36 Product Life Cycle Sales Time Introduction Growth Maturity Decline

37 New Product Development Stages in a New Product Development process: Idea Generation Idea Screening Concept Development and Testing Business Analysis Beta Testing and Market Testing Technical Implementation Commercialization

38 Technology Adoption – Diffusion of Innovation Innovators:venturesome; greatest need Early adopters:opinion leaders; needs driven Early majority:deliberate Late majority:skeptics Laggards:traditionalists; suspicious

39 New Business Models Emerge Then… One Integrated Company Now… Many Distributed Companies Product Development Cycle Product Development Tool Companies Testing Services CROsCRMs

40 New Regional Model Emerge Then… Manufacturing Research Development Trials/Testing Services Self-contained regional clusters Region A Region E Region B Region F Region D Region C Region G Now… Specialized, networked regions

41 Commercialization Model Strategic Investment is the Foundation of a Successful Commercialization Model

42 What Investors Look for? Novelty; world-class; evidence of commercial interest; clear path to market Novelty; world-class; evidence of commercial interest; clear path to market Unencumbered, or encumbered by reasonable conditions (Equity, royalties) Unencumbered, or encumbered by reasonable conditions (Equity, royalties) Protection (Non-disclosure agreements, Patents, Designs, Brands, Copyright) Protection (Non-disclosure agreements, Patents, Designs, Brands, Copyright) IP protected by one or more Patents is the IP required to implement the business plan IP protected by one or more Patents is the IP required to implement the business plan Freedom to Operate Freedom to Operate

43 Innovation, Intellectual Property and Poverty Reduction Critical Ingredients for Innovation: Intellectual Capital Human Capital Financial Capital Proximity Social Network Capital

44 Complementary Resources Bargaining power of owners of complementary resources depends upon whether complementary resources are generic or specialized. Manufacturing Distribution Service Complementary technologies Other Marketing Finance Core technological know-how

45 Risk & Return Competing Resources Examples Licensing Outsourcing certain functions Strategic Alliance Joint Venture Internal Commercialization Small risk, but limited returns also (unless patent position very strong Limits investment, but dependence on suppliers & partners Benefits of flexibility; risks of informal structure Shares investment & risk. Risk of partner conflict & culture clash Biggest risks & benefits. Allows complete control Few Allows outside resources & capabilities To be accessed Permits pooling of the resources/capabilities of more than one firm Substantial resource requirements Konica licensing its digital camera to HP Pixars movies (e.g. Toy Story) marketed & distributed by Disney. Apple and Sharp build the Newton PDA Microsoft and NBC formed MSNBC TIs development of Digital Signal Processing Chips Alternative Strategies for Exploiting Innovation

46 Uncertainty & Risk Management in Tech-based Industries Sources of uncertainty Technological uncertainty Selection process for standards and dominant designs emerge is complex and difficult to predict, e.g. future of 3G Customer acceptance and adoption rates of innovations notoriously difficult to predict, e.g. PC, Xerox copier, Walkman Market uncertainty Strategies for managing risk Cooperating with lead users early identification of customer requirements –assistance in new product development Flexibilility keep options open use speed of response to adapt quickly to new information learn from mistakes Limiting risk exposure avoid major capital commitments (e.g. lease dont buy) outsource alliances to access other firms resources & capabilities keep debt low


48 Mortality of New Product Ideas

49 The Right Innovative Product? The right product is one that becomes available at the right time (i.e., when the market needs it), and is better and/or less expensive that its competition. To have the right product, therefore, one must: Predict a market need Envisage a product whose performance and capability will meet that need Develop the product to the appropriate time scale and produce it. Sell the product at the right price

50 TimelyTimely Difficult for competitors to imitate Difficult for competitors to imitate Commercially exploitable with present capabilities Commercially exploitable with present capabilities Innovation and Competitive Advantage CompetitiveAdvantageCompetitiveAdvantage Provides significant value to customers Provides significant value to customers

51 Strategic Entrepreneurship and Innovation Entrepreneurship is concerned with: –The discovery of profitable opportunities –The exploitation of profitable opportunities Firms that encourage entrepreneurship are: –Risk takers –Committed to innovation –Proactive in creating opportunities rather than waiting to respond to opportunities created by others

52 Entrepreneurship Creativity is at the heart of entrepreneurship, enabling entirely new ways of thinking and working. Entrepreneurs identify opportunities, large or small, that no one else has noticed. Good entrepreneurs also have the ability to apply that creativitythey can effectively marshal resources to a single end. They have drivea fervent belief in their ability to change the way things are done, and the force of will and the passion to achieve success. They have a focus on creating valuethey want to do things better, faster, cheaper. And they take risksbreaking rules, cutting across accepted boundaries, and going against the status quo.

53 Entrepreneurship Defining entrepreneurship is difficult because there is no universal, clear-cut definition of the term. In its most basic sense, entrepreneurship is manifest in a business venture when an individual is able to turn a novel idea into a profitable reality. In practice, however, entrepreneurship is more multifaceted, ranging from operating a small business in ones own home, to bringing a national franchise to a small town, to turning a new and unique idea into a high-growth company. Entrepreneurship can involve starting a business that brings a new store to main street, offering a product or service previously unavailable to a community, or acquiring an existing business that has had a long-standing presence in a community and helping it evolve to reflect ones own vision and personality.

54 Entrepreneurship The word entrepreneurship literally means, "to take or carry between" in the sense of an economic transaction; to be a market-maker. It does not literally convey the notion of innovation that we commonly associate with the term. Joseph Schumpeter ( ), one of the more well known theorists on entrepreneurship, defined an entrepreneur as one who reorganizes economic activity in an innovative and valuable way. That is, an entrepreneur is one who engages in a new economic activity that was previously unknown. An entrepreneur is a risk taker because being innovative means there are few rules or history for guidance.

55 Entrepreneurship Entrepreneurship is the process of creating or seizing an opportunity, and pursuing it regardless of the resources currently controlled. The Websters Third New International Dictionary defines an entrepreneur to be one who organizes, owns, manages, and assumes the risks of a business

56 Entrepreneurship The entrepreneur shifts resources out of an area of lower and into an area of higher productivity and greater yield. [J. B. Say, French economist, circa 1800] Entrepreneurship is creative destruction. Dynamic disequilibrium brought on by the innovating entrepreneur, rather than equilibrium and optimization, is the norm of a healthy economy and the central reality of economic theory and practice. [Joseph Schumpeter, Austrian economist, 1911] The entrepreneur searches for change, responds to it, and exploits it as an opportunity. Innovation is the specific tool of entrepreneurs, the means by which they exploit change as an opportunity for a different business or a different service [Peter Drucker, 1985]

57 Entrepreneurship Entrepreneurship drives innovation, competitiveness, job creation and economic growth. It allows new/innovative ideas to turn into successful ventures in high-tech sectors and/or can unlock the personal potential of disadvantaged people to create jobs for themselves and find a better place in society.

58 Entrepreneurship Entrepreneurship, in small business or large, focuses on "what may be" or "what can be". One is practicing entrepreneurship by looking for what is needed, what is missing, what is changing, and what consumers will buy during the coming years.

59 Entrepreneurship Entrepreneurs have: –A passion for what they do –The creativity and ability to innovate –A sense of independence and self- reliance –(Usually) a high level of self confidence –A willingness and capability (though not necessarily capacity or preference) for taking risks

60 Entrepreneurship Entrepreneurs do not (usually) have: –A tolerance for organizational bureaucracies –A penchant for following rules –A structured approach to developing and implementing ideas –The foresight to plan a course of action once the idea is implemented and established

61 Entrepreneurial Success 1. People (Entrepreneur /Entrepreneurial Team) 2. Opportunity (Marriage of Market and Product/Service) 3. Access to Resources (Land. Labor, Capital, Knowledge) And the fit amongst these three elements

62 Major factors determining success of a new product in the market The product provides functional advantages Lower price for comparable product More attractive design (look) Reputation of brand Easy access: Available in the main retail shops Consistent product quality Excellent after-sales services

63 Competitive Advantage Criteria… Low cost producer Product differentiation Niche market

64 New Product Development BreakthroughInnovation ? Need two processes: NPD and NB(usiness)D ? Innovative New Products NewBusinesses New Business Development An opportunity driven path to market- a different business design

65 Protection of IP Ideas Ideas Research Research Technologies Technologies Products Products Utility models, Patents Collaborative Research Agreement Confidentiality or Nondisclosure Agreements (Trade Secrets) Technology Licensing Agreement, Branding Value adding

66 Intellectual Property Questions Intellectual Property (IP) Issues/questions during New Product Development (NPD): Can the innovation be legally protected? For how long? How does one protect an innovation from imitators? How much will it cost? When to protect? Do you need to rely on an IP expert? The answers are complicated by the fact that one or more types of legal frameworks may be used to protect a particular innovation, product, process, or creative work. These include trade secrets, trademarks, designs, patents, and copyright. trade secrets,trademarks,patentscopyright It is necessary to know which are applicable and when each is appropriate. This varies somewhat from jurisdiction to jurisdiction. The advice of a lawyer that specializes in these matters is essential

67 Intellectual Property Questions It is necessary to know which types of intellectual property rights (IPRs) are applicable and when is each type of IPR appropriate. This varies somewhat from one country to another. The advice of an IP lawyer is desirable if not essential.

68 Background In September 2000, the WIPO Assemblies approved the creation of a substantial new program of activities, focusing on the IP-related needs of SMEs worldwide SMEs Division established in October 2000 Nine professionals and three administrative staff in the SMEs Division of WIPO

69 Strategy 1.Demystification 2.New audience 3.New Areas 4.Proactive 5.E-Services 6.Partnership

70 (1) Demystification Studies Guides Events and expert missions Website and newsletter CD-ROM Magazine articles

71 (1) Demystification (Studies) National Studies (on IP and SMEs) completed or under way in Argentina, Bhutan, Mongolia, Nepal, Philippines, Sri Lanka, Tanzania, Sierra Leone, Romania, Chile, Colombia, Costa Rica, El Salvador, Honduras and Paraguay, Egypt, Morocco, Lebanon WIPO Survey of IP Services to Tenants of European Technology Incubators Norwegian SMEs and the IPR system

72 (1) Demystification (Guides) WIPO/ITC Guide on Marketing of Crafts and Visual Arts; Role of Intellectual Property; A practical guide WIPO/ITC Guide on Secrets of Intellectual Property: Guide for Small and Medium Sized Exporters WIPO/ITC Guide on Exchanging Value: Negotiating Technology Licensing Agreements - A Training Manual ITC Guide on Exporting Automotive Components ITC Guide on Pharmaceutical SMEs (Forthcoming)


74 IP for Business Series Making a Mark (Trademarks) Looking Good (Designs) Inventing the Future (Patents) Creative Expression (Copyright and Related Rights)

75 (1) Demystification (Guides) Translation and/or customization: Under way, with funding from several sources, in the following countries: Algeria, Argentina, Australia, Canada, Czech Republic, Egypt, Estonia, Hungary, Italy, India, Israel, Kenya, Lebanon, Malaysia, Malta, Mongolia, Morocco, New Zealand, Philippines, Poland, Slovakia, Spain, Tanzania, Tunisia, Vietnam 16 Countries members of the OAPI

76 (1) Demystification (Events) Special programs, seminar and workshops organized by the SMEs Division in Geneva in partnership with selected associations and organizations (IASP, INSME, IPI, MOST, WASME) Annual WIPO Forum on IP and SMEs for IP Offices of OECD Countries

77 (1) Demystification (Events) WIPO-Italy Forum on Textile and Clothing Industries of the Mediterranean Basin Countries (Prato, Italy - December 2003) Participants from Algeria, Cyprus, Egypt, Jordan, Israel, Lebanon, Malta, Morocco, Palestine, Syria, Tunisia, Turkey

78 (1) Demystification (Website) The Website of the SMEs Division is in six UN languages (English, French, Spanish, Arabic, Russian and Chinese) More than 100,000 pages viewed every month in 2006 Contents include sections such as IP for Business, IP and E-Commerce, Activities, Best Practices, Case Studies and Documents

79 SMEs Website

80 (1) Demystification (Newsletter) Monthly e-newsletter in the 6 UN languages (Free) Content includes articles, updates with information, links and documents Launched in August 2001 Total number of subscribers: >25,000

81 (1) Demystification (CD-ROM) 50,000 copies of the SMEs Division CD-ROM distributed to SME support institutions, IP Offices and others worldwide Marketing and customization E-learning CD ROM (in partnership with KIPO: IP Panorama) SAARC CD-ROM (in preparation)

82 (1) Demystification (Articles) Some articles recently published: –What to do if you are accused of copyright infringement –Tapping into Patent Information: a buried treasure –International trade in technology – licensing of know- how and trade secrets –Intellectual Property and E-commerce: how to take care of your business website –Offshore outsourcing and IP –Savvy marketing: merchandising of IP rights

83 (2) New Audience Bringing IP issues to SME events Bringing new business perspective to IP events New partnership: Open door policy IGOs, government focal points, SME support, training and financial institutions, chambers of commerce and industry, SME associations, SME research institutions, private sector institutions, universities, etc...

84 (3) New Areas IP for financing (venture capital, securitization) Accounting and valuation of IP assets IP Asset Management, IP Due Diligence and IP Audit Fiscal policies and IP (tax incentives for R&D activities, patenting, licensing etc.) IP services to SMEs by incubators, technology parks, chambers of commerce and SME associations IP needs of SMEs in agriculture, biotechnology, handicrafts, software, textiles, etc

85 (4) Being Proactive Original Content Links Best Practices Case Studies

86 (5) E-Services Web site content SME mail newsletter Distance learning (proposed) Discussion forum (proposed)

87 (6) Partnership National and Regional IP Offices National SME focal points in government, private sector Chambers of Commerce and Industry SME Associations; Cooperatives Incubators, Science Parks, Technology Parks Universities; R & D Institutes Private Sector Consultants SME Finance Institutions (including venture capitalists) Other UN Agencies (ITC, ILO, UNIDO, AfDB, UN Regional Commissions)

88 Example No. 1 Bringing it All Together Example No. 1 Decades ago, Coca-Cola decided to keep its soft drink formula a secret The formula is only know to a few people within the company Kept in the vault of a bank in Atlanta Those who know the secret formula have signed non-disclosure agreements It is rumored that they are not allowed to travel together If it had patented its formula, the whole world would be making Coca-Cola

89 Example No. 2 Bringing it All Together Example No. 2 Patent for stud and tube coupling system (the way bricks hold together) But: Today the patents have long expired and the company tries hard to keep out competitors by using designs, trademarks and copyright

90 Example No. 3 Bringing it All Together Example No. 3 Patent for the fountain pen that could store ink Utility Model for the grip and pipette for injection of ink Industrial Design: smart design with the grip in the shape of an arrow Trademark: provided on the product and the packaging to distinguish it from other pens Source: Japanese Patent Office

91 ® Registered Trade Mark TM Unregistered Registered Design Copyright: Labels & Artwork Patents: Several dozen! Example No. 4 Bringing it All Together Example No. 4

92 Example No. 5 Bringing it All Together Example No. 5 : Personal Computer Patent protection for the innovative functional features of the computer Trademark protection for the brand name that goes on the box Copyright protection for the software that runs inside Trade secret protection for the semiconductor processing techniques used to create the processor

93 IP TRIGGERS Starting up, investing in, buying or selling a business Selecting a name or logo for a product, service, or company Developing a new product or service (biotechnology, software, devices, and instruments) Improving an existing product or service Applying for a government grant Entering into a government, academic, or corporate collaboration Bringing on a key employee or contractor for design, research, or development work Providing business or technical information to suppliers, customers, partners or investors Launching a major sales effort or marketing initiative Maintaining or expanding a customer list Searching for advantages in a competitive market Setting up a website for your business

94 Key Message 1 IP adds value at every stage of the value chain from creative/innovative idea to putting a new, better, and cheaper, product/service on the market: Literary / artistic creation Invention FinancingProduct Design Commercialization Marketing Licensing Exporting Patents / Utility Models/Trade secrets Copyright/Related Rights Patents / Utility models Industrial Designs/ Trademarks/GIs Trademarks/ GIs Ind. Designs/Patents/Copyright All IP Rights

95 Key Message 2 IP Strategy should be an integral part of the overall business strategy of an Enterprise The IP strategy of an Enterprise is influenced by its creative/innovative capacity, financial resources, field of technology, competitive environment, etc. BUT: Ignoring the IP system altogether is in itself an IP strategy, which may eventually prove very costly or even fatal

96 Key Message 3 (More for Less) Own Use Licensing Franchising Merchandising (Mickey Mouse, Hello Kitty)

97 Key Questions –What are the IP assets of a business? –Status of the companys IP Portfolio? –How important are IP assets to the business? –How does the company protect its IP assets? –How does the company protect itself from the IP assets of others? –What is the companys IP policy and strategy? –Is the Companys business strategy and IP strategy aligned ? –Is the company getting the best value out of its IP assets?

98 Protecting Inventions Manage Competition Hierarchy of IP Value Design Freedom Build Markets and Relationships Deliver Revenue Potential Return Biz Strategy Driver

99 Stage 1: IP Health Check Identification/Documentation/Product review: patents, trademarks, copyright technical specifications, manufacturing and design documents benefits statements, product descriptions, marketing statements IP Management: process capture, registration

100 Stage 2: IP Consolidation IP Protection: IP Gap/Risk Analysis includes DRM focus IP Management: IP Register (Build/Refresh) IP Management Process Like financial management, IP management must be disciplined and process rich to be effective

101 Stage 3: IP Management IP Register IP Management Process IP as an Asset – Culture Resultant IP – IP Capture process/tools The interaction between a companys IP and the IP of others (eg key suppliers of operating software, infrastructure and services) in our increasingly interconnected world is a rich source of resultant, and ultimately valuable, IP

102 Stage 4: IP Commercialisation To Market advantage for your valuable resultant IP An IP lifecycle management advantage New or enhanced IP revenue streams Constantly refresh and extract from your IP repository IP ROI Uncaptured, unidentified and/or ill-managed IP cannot contribute to the overall IP ROI businesses must aspire to realise

103 IP Management Tips Integrated management of all IP Allocate responsibility –Inside and outside Conduct research Create, maintain, and enforce rights Careful timing of decisions –Timely filings –Budget planning for expensive actions Avoid liability and ownership disputes –IP owners –Customers –Collaborators

104 IP Management Legal Technical Business Export Financial Relationships Accounting Tax Insurance Security Automation Personnel

105 An Aspect of Good Management People Management – because IP is generated by people and used by people Knowledge Management – because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP IT Strategic Planning – because a lot of IP is IT-related; some of the more complex IP issues arise in IT context Contract Management – because IP is often created (or improved) in context of a contract (eg, supply contract or joint venture relationship) Asset Management – because IP is an asset, albeit intangible; it has a value Risk Management – because there are risks to an organisation flowing from its actions, or failure to act, in relation to IP (including risk of lost opportunity) with permission of P Crisp, AGS, 2003

106 Thank You Guriqbal Singh Jaiya

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