14 may 2002 presentation to: portfolio committee on trade and industry and the select committee on...
TRANSCRIPT
14 May 2002
Presentation to:
Portfolio Committee on Trade and Industry and the Select Committee
on Economic and Foreign Affairs
(Adv. FDM Malunga)
14 May 2002
Companies and Intellectual Property Registration Office (CIPRO)
CIPRO Overview
Contents
• Background to formation of CIPRO– History– Establishing CIPRO as Business Agency (Trading
Entity)
• A drastic new strategy– Vision– Mission– Strategic goals
• Functional Structure• Offerings/Products• Projects• Statistics
BACKGROUND
Formation of CIPRO
A merger in 2001 of:
South African Companies Regulatory Office (SACRO)
&
South African Patents and Trademarks Office (SAPTO)
CIPRO Business Agency
• Principle approval by Cabinet - May 2001• Trading entity approved by National Treasury -
March 2002• CIPRO Management board established• Appointment of board members - under way• Establishement of new structure under way -
including Group support services• Programme Management Office (PMO)
established to support the establishment of the trading entity and operations
OFFICIAL LAUNCH 30 JULY 2002
A DRASTIC NEW STRATEGY
Vision:
Gateway to economic participation
Gateway:
One-stop shopGlobal participation
Economic:
Empowering business (SMME, others)End product
Participation:
GrowthEmpowerment SuccessQuality SMME, BEE
Mission:
CIPRO will facilitate economic empowerment through:
Striving to achieve and maintain world class status Efficiency, service excellence and achieving customer satisfaction
Stimulating economic growth and promoting investor confidence in synergy with the DTI Synchronising relationships and partnering with stakeholders on Issues of common goal
Providing consolidated products and services at a central point
Registration, promoting and maintaining of Intellectual Property Rights and Business Entities through a legal framework that provides protection and the flow of information Generating, sourcing, sharing, interpreting, protecting and disclosing information
Optimising opportunity for personal growth of CIPRO people and providing organisational development that facilitates a culture of performance
Strategic Results Areas
1. Providing a regulatory framework for economic participation
2. Organisational transformation
3. Customer interface
4. Forming business partnerships
5. Moving towards self-sustainability
Strategic Results Areas (1) :
1. Providing a regulatory framework for economic participation
Including:
International agreements (IPR) Regional cooperation (SADC) Registration, a legal responsibility that is mandated Playing a role in the larger regulatory effort as a partner with other regulatory bodies
Strategic Results Areas (2):
2. Organisational transformation
Including:
Developing efficient and effective business processes, especially full e-lodgement Putting effective business systems in place Utilising appropriate technology to perform effectively Developing the right skills base required for efficient operation Establishing and practicing corporate governance Establishing change management procedures
Strategic Results Areas (3):
3. Customer interface
Including:
Customer relationship management Marketing Branding Creating awareness through education
Strategic Results Areas (4):
4. Forming business partnerships
Including:
the dti International business partners External stakeholders SADC, though influencing decisions
Strategic Results Areas (5):
5. Moving towards self-sustainability
Including:
Moving towards financial independence from treasury Utilising surplus funds to promote economic participation:
SMME BEEWoman empowermentEmpowering rural communities
Contribute to economic growth
Our Values (1):
1. Business Values
Customer and stakeholder driven Do it right the first time Take ownership Use resources optimally Have pride in what we do
“Let’s be World class”
Our Values (2):
2. People Values
Fostering motivated people to achieve healthy relations Mentor and develop people unselfishly Treat people with uncompromising truth Embracing cultural diversity New ideas shape our future
““Batho Pele” ”
Alignment to the dti’s strategic objectives
• Ensuring Black Economic Empowerment (BEE)
• Improving global competitiveness
• Improving market access
• Eradicating poverty and racial, gender and regional inequities
• Nurturing Small, Medium and Micro Enterprises (SMMEs)
• Improving growth in the SADC region
• Improving operational efficiency
• Encourage woman empowerment
C o m p an ies
C lose C orp ora tio ns
D isc lo su re
C o m p an ies D iv is ion
P a te n ts
D e sig ns
T rad em arks
C o py r ig h ts
In te llec tu a l P ro per ty D iv ision
H u m a n R e so urces
F in an ce & P rocure m e nt
ICT
P ro je c t M an ag e m e nt O ffice
C o m m u n ica tio ns
Q u a li ty a ssu ran ce
L e ga l S erv ices
B us ine ss E n g ine e ring
C u s to m er C on ta ct
S up p or t S erv ices
C E OA d v . F D M M a lun ga
C IP R O B o a rd8 m e m b e rs
Functional Structure
LEGAL FRAMEWORK
Intellectual Property(Laws Administered)
Patents Act (Act 57 of 1978) Trademarks Act (Act 62of 1963 and Act 194 of 1993) Designs Act (Act 57of 1967 and Act 195 of 1993) Copyright Act (Act 98 of 1978) Registration of Copyright in Cinematography Films Act
(Act 62 of 1977) Merchandise Marks Act (Act 17 of 1941) – amended
2002 Intellectual Property Laws Rationalisation Act (Act 107
of 1977) Counterfeit Goods Act (Act 37 of 1997) Performer’s Protection Act (Act 11 of 1967) Unauthorised use of Emblems Act (Act 37 of 1961) Stem van Suid-Afrika Act (Act 2 of 1959) Vlaglied Copyright Act (Act 9 of 1974)
Companies(Laws Administered)
Companies Act (Act 61 of 1973)
Close Corporations Act (Act 69 of 1984)
Share Blocks Control Act (Act 59 of 1980)
Business Names Act (Act 27 of 1960)
Rationalisation of Corporate Laws Act (Act 45 of 1996)
Other Legal Issues
Legislation needed Enabling legislation for e-lodgement and e-disclosure
- passed 2001 Legislation iro effective ways of payment for services
- to be passed 2002 Legislation to introduce annual returns to secure and
ensure ongoing database integrity - to be passed 2002 Corporate law reform
Long term project to start during 2002 DTI, through CCRD policy unit, to steer project
involving Standing Advisory Committee on Company law
Intellectual Property Copyright amendment bill Various other ad hoc
PROJECTS
Projects (1)Initiated:• Conversion to a trading entity
• CIPRO Business Plan & Strategy
• Hand over project
• Safety and Security
• Establishment of PMO
• Revenue Collection project
• Financial system
• Billing system
• ICT Improvement Plan
• IT Performance Team
• Supplier Service Level Agreements
• IT administration and management project
• Company Registration
• Benchmarking
• Annual Returns
Projects (2)
• Market launch
• Moving of files and refurbishment
• Customer contact centre
To be initiated:• Data integrity project
• Disaster Recovery
• Automation of administration processes
• Establishment of Business Process Engineering
• HR issues
• Establish new business culture
• Implementation of performance management
DIVISIONAL ISSUES
Intellectual Property(Divisional Issues)
Achievements: Improvement in Software. Operations manager appointed in 2001. Correspondence system implemented and monitored. Clearing of backlogs in new applications (™). Clearing of backlogs in mail. Temps and students from institute helping until new staff is recruited. Automated certificates in Patents, Designs, Renewals and Assignments.
Clearing of backlogs: Business plan drawn up to eliminate the Trademark backlog stemming
from the 1980s. System problems that caused backlogs are being addressed
Benchmark revealed 5 year backlog in Netherlands
New Initiatives(Intellectual Property)
• Becoming an international player
• Electronic Searchable Patent Journal
• E-lodgement, IP searching facilities on Internet
• Automated Certificates for Trade Marks
• Bench-marking exercise to commence shortly
Companies(Divisional Issues)
• Record number of registrations• Backlogs with new registrations resolved• Functioning of helpdesks changed to better serve client
needs• New lay-out for reception area and refurbishment started• Sixty students trained on CO and CC registrations re
Para-Legal studies• Benchmarking exercise conducted• Companies project charter defined with quick wins from
benchmarking• Unit dealing with data integrity defined• Business division structured to enhance performance
New Initiatives(Companies)
• Simplify Names reservation procedure• Search for similar names only• Principal business to be irrelevant
• Review CIPRO processes to accommodate e-access
• Lodgment of single copy• Eliminate duplicate copy• Issue a certificate for the client
• Electronic disclosure requests
• Re-introduce annual returns• Enforce compliance• Data Integrity
STATISTICS
Offerings
• Registration of Companies• Amendments to Company information• Registration of Close Corporations (CC)• Amendments to CC information• Disclosure of Company & CC information
• Registration of Patents• Registration of Trademarks• Registration of Copyrights• Registration of Design• Disclosure of Intellectual Property information
• Name Reservations• Name Objections
Registrations (1999 to 2002)(Companies Division)
0
20000
40000
60000
80000
100000
1999 2000 2001 2002
New CC's
New Co's
86148
27776 31512 30140
7591969755
2002 CC registration figures are already 20 % more than the previous years, an estimated 100 000 registrations may take place this year.
35202
10927
Statistics for 1999 - 2002(Intellectual Property Division)
0
5000
10000
15000
20000
25000
30000
1999 2000 2001 2002
Trade MarkApplications
PatentsApplications
23846
7879
25617
7793
21904
10560
59233458
International Applications from selected developing countries
(Intellectual Property Division)
0
500
1000
1500
2000
2500
Rep
. O
fK
ore
a
Ch
ina
So
uth
Afr
ica
Ind
ia
Sin
gap
ore
Bra
zil
Mex
ico
1998
1999
2000
2001
South Africa has been dealing with PCT applications (international applications) since 1999.South Africa ranked third with PCT in 2001 after the Republic of Korea and China.
Statistics for 2002 (Intellectual Property Division)
Trade Marks Jan Feb Mar AprNew Applications 1356 1525 1405 1637Certificates 1143 1739 2664 4210Patents: New Applications 906 806 831 915Certificates 296 325 390 514Copyright: New Applications 8 6 6 6Certificates 17 3 0 4Design: New Applications 124 129 112 114Certificates 77 131 104 76
(Adv. FDM Malunga)
14 May 2002
Thank you - Questions ?