An Overview of National and International Intellectual Property Systems and the Role of WIPO презентация

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Status: An int’l intergovernmental organization Member States: 183 Staff: 915 from 94 countries Treaties Administered: 24 Decisions by: GA, CC, WIPO Conference Guiding Principles: Transparency, Accountability,

Слайд 1An Overview of National and International Intellectual Property Systems and the

Role of WIPO

Guriqbal Singh Jaiya
Director, SMEs Division
World Intellectual Property Organization (WIPO)
Guriqbal.jaiya@wipo.int

Слайд 2Status: An int’l 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

WIPO’s Mission:

Basic Facts about WIPO

Слайд 3Milestones : 1883 to 2006
Paris Convention
1883
1886
1891
1893
1925
1960
1967
1970
1970
1989
2002
Berne Convention
Madrid Agreement
BIRPI
Hague Agreement
BIRPI moves to

Geneva

WIPO Convention

WIPO established

PCT

Madrid Protocol

Internet Treaties












Слайд 4Intellectual 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

Слайд 5Types 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

Слайд 6Strategic 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 Nat’l 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

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

awareness

Слайд 8WIPO’s Activities

Norm-Setting

Services to Industry

Economic Development

Слайд 9AIM: 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

Слайд 10NORM SETTING
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

Слайд 11NORM 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

Слайд 12NORM SETTING
Tools for domestic/international commerce, marketing strategies
Develop int’l TM law

(TLT Revision)
Legal advice
Promote convergence of admin. practices
Soft Law approach
Promote dvpt./use of registration systems

rademarks, Designs, Geographical Indications

Слайд 13NORM 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): Int’l 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

Слайд 14ECONOMIC 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.

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

and Innovation

Слайд 16Distance 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

Слайд 17INNOVATORS & 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.

Слайд 18GUIDELINES & 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)

Слайд 19THE PATENT COOPERATION TREATY
PCT

Слайд 20WIPO 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 http://arbiter.wipo.int)
- WIPO Trademark Database Portal (http://ecommerce.wipo.int/databases/trademark/)

Слайд 21WIPO’S INCOME
2006-2007
Total: 531 M CHF

Слайд 22

From Invention to Innovation
While invention depends upon creativity,
successful technological innovation

requires integrating new knowledge with multiple business functions.

Слайд 23Innovation – What is it?
The creation of new ideas/processes which will

lead to change in an enterprise’s economic or social potential

[P. Drucker, ‘The Discipline of Innovation’, Harvard Business Review, Nov-Dec, 1998, 149]

Слайд 24What 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

Слайд 25Obstacles to Successful Innovation
Competitive position
Market judgement
Technical performance
Manufacturing expertise
Financial resources

Слайд 26How 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

Слайд 27There 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

Слайд 28Product Development Strategies

Old
Market
New Market

Old Product
New Product
Market Penetration
Product Development
Market Development

Product Diversification

Слайд 29Marketing principles…….
Identify opportunities and threats
Identify customer needs
React to a competitive environment
Careful

planning to make a New or improved product
Use the 4 P’s….
Product service
Price
Promotion
Place (distribution)
Retain flexibility to react to changes

Слайд 30

The Development of Technology: From Knowledge Generation to Diffusion






Basic Knowledge
Invention
Innovation
Diffusion
IM ITATION
ADOPTION
Supply

side

Demand side

Слайд 31Innovation Process
The adoption of an innovation by similar firms
Usually leads to

product or process standardization
Products based on imitation often are offered at lower prices but with fewer features


Слайд 32The 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.

Слайд 33Translation 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

Слайд 34

The Profitability of Innovation






Legal protection
Complementary
resources
Ease

of imitation of technology
Lead time

Profits from Innovation

Value of an innovation

Innovator’s ability to appropriate value from an innovation

Слайд 35Appropriating Value from Innovation

Слайд 36Product Life Cycle

Sales
Time
Introduction
Growth
Maturity
Decline

Слайд 37New 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

Слайд 38Technology Adoption – Diffusion of Innovation

Innovators: venturesome; greatest need
Early adopters: opinion leaders; needs

driven
Early majority: deliberate
Late majority: skeptics
Laggards: traditionalists; suspicious

Слайд 39New Business Models Emerge

Слайд 40New Regional Model Emerge

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

Слайд 42What Investors Look for?
Novelty; world-class; evidence of commercial interest; clear path

to market
Unencumbered, or encumbered by reasonable conditions (Equity, royalties)
Protection (Non-disclosure agreements, Patents, Designs, Brands, Copyright)
IP protected by one or more Patents is the IP required to implement the business plan
“Freedom to Operate”

Слайд 43Innovation, Intellectual Property and Poverty Reduction
Critical Ingredients for Innovation:
Intellectual Capital

Human Capital
Financial Capital
Proximity
Social Network Capital

Слайд 44Complementary Resources
Bargaining power of owners of complementary resources depends upon whether

complementary resources are generic or specialized.



Manufacturing

Distribution

Service

Complementary
technologies

Other

Other

Marketing

Finance

Core
technological know-how

Слайд 45



Risk & Return
CompetingResources
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

Pixar’s movies (e.g. “Toy Story”) marketed & distributed by Disney.

Apple and Sharp build the “Newton” PDA

Microsoft and NBC formed MSNBC

TI’s development of Digital Signal Processing Chips

Alternative Strategies for Exploiting Innovation

Слайд 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 don’t buy)
—outsource
—alliances to access other firms’
resources & capabilities
—keep debt low

Слайд 47Innovation risk

RISKS
COSTS
RESEARCH DEVELOPMENT COMMERCIALISATION

Слайд 48Mortality of New Product Ideas

Слайд 49The “ 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


Слайд 50Timely
Difficult for
competitors to imitate
Commercially exploitable
with present capabilities
Innovation and Competitive Advantage
Competitive
Advantage

Provides significant
value

to customers

Слайд 51Strategic 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

Слайд 52Entrepreneurship
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 creativity—they can effectively marshal resources to a single end.
They have drive—a 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 value—they want to do things better, faster, cheaper.
And they take risks—breaking rules, cutting across accepted boundaries, and going against the status quo.

Слайд 53Entrepreneurship
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 one’s 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 one’s own vision and personality.

Слайд 54Entrepreneurship
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 (1883-1950), 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.

Слайд 55Entrepreneurship
Entrepreneurship is the process of creating or seizing an opportunity, and

pursuing it regardless of the resources currently controlled.
The Webster’s Third New International Dictionary defines an entrepreneur to be “one who organizes, owns, manages, and assumes the risks of a business”

Слайд 56Entrepreneurship

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]

Слайд 57Entrepreneurship
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.

Слайд 58Entrepreneurship
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.

Слайд 59Entrepreneurship
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

Слайд 60Entrepreneurship
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

Слайд 61Entrepreneurial 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

Слайд 62Major 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

Слайд 63Competitive Advantage
Criteria…

Слайд 64
New Product
Development
Breakthrough
Innovation
?
Need two processes: NPD and NB(usiness)D
?
Innovative
New Products
New
Businesses
New Business
Development
An

opportunity driven path to market- a different business design

Слайд 65Protection of IP
Utility models, Patents
Collaborative Research
Agreement
Confidentiality or Nondisclosure
Agreements (Trade Secrets)
Technology

Licensing
Agreement, Branding

Value adding

Слайд 66Intellectual 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,trade secrets, trademarks, designs, patentstrade secrets, trademarks, designs, patents, and copyright.
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

Слайд 67Intellectual 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.

Слайд 68Background
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

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

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

Слайд 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

Слайд 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)

Слайд 74IP for Business Series


Making a Mark (Trademarks)
Looking Good

(Designs)
Inventing the Future (Patents)
Creative Expression (Copyright and Related Rights)

Слайд 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

Слайд 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

Слайд 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

Слайд 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

Слайд 79SMEs Website

Слайд 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

Слайд 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)

Слайд 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

Слайд 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...

Слайд 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

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

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

Слайд 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)

Слайд 88Bringing 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

Слайд 89Bringing 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


Слайд 90Bringing 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

Слайд 91

® Registered Trade Mark
‘TM’ Unregistered
Registered Design
Copyright: Labels & Artwork
Patents: Several

dozen!

Bringing it All Together Example No. 4

Слайд 92Bringing 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

Слайд 93IP 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

Слайд 94Key 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

Financing

Product 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

All IP Rights

Слайд 95Key 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

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

Kitty)

Слайд 97Key Questions
What are the IP assets of a business?
Status of the

company’s 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 company’s IP policy and strategy?
Is the Company’s business strategy and IP strategy aligned ?
Is the company getting the best value out of its IP assets?

Слайд 98
Protecting Inventions
Manage Competition
Hierarchy of IP Value

Design Freedom

Build Markets and Relationships



Deliver Revenue

Potential Return


Biz Strategy Driver

Слайд 99Stage 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

Слайд 100Stage 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”

Слайд 101Stage 3: IP Management
IP Register
IP Management Process
IP as

an Asset – Culture
Resultant IP – IP Capture process/tools
“The interaction between a company’s 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”

Слайд 102Stage 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”

Слайд 103IP 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

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

Слайд 105An 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

Слайд 106Thank You
Guriqbal Singh Jaiya
guriqbal.jaiya@wipo.int
www.wipo.int/sme/en/index.html
www.wipo.org

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