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1 NATIONAL SEMINAR ON METHODOLOGIES, BEST PRACTICES AND LESSONS LEARNED FOR THE DEVELOPMENT OF A NATIONAL IP STRATEGY World Intellectual Property Organization (WIPO) Intellectual Property Office of Serbia (IPOS) and the Serbian Chamber of Commerce Belgrade, November 19 and 20, 2008 Michal SVANTNER World Intellectual Property Organization - WIPO TOOLS - Intellectual Property (IP) Strategy : - Assets and Actors - Roles, Resources, Responsibilities

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Page 1: - WIPO TOOLS - Intellectual Property (IP) Strategy ... · World Intellectual Property Organization (WIPO) Intellectual Property Office of Serbia ... - Intellectual Property (IP) Strategy

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NATIONAL SEMINAR ON METHODOLOGIES, BESTPRACTICES AND LESSONS LEARNED FOR THE DEVELOPMENTOF A NATIONAL IP STRATEGY

World Intellectual Property Organization (WIPO)Intellectual Property Office of Serbia

(IPOS)andthe Serbian Chamber of CommerceBelgrade, November 19 and 20, 2008

Michal SVANTNER

World Intellectual Property Organization

- WIPO TOOLS

- Intellectual Property (IP) Strategy :

- Assets and Actors - Roles, Resources,

Responsibilities

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Combination of the intellectual property and the human capital is a potent economic force in today’s knowledge-based economy

WIPO TOOLS FOR COUNTRIES IN

TRANSISION

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• Often the level of using of IP is not high enough and might be inadequate in comparison with the growing performance of the industry and export

• Low awareness in research institutions, universities, business sector …

• High costs of international protection • Lack of qualified mediating entities such as

technology transfer agencies and IP/licensing agencies

Issues

1. Management of Academic Intellectual Property and Early Stage Innovation in Countries in Transition

2. Special Features of the Copyright Systems of Countries in Transition

3. Intellectual Property Rights and Privatization in Countries in Transition

4. Nation Branding in Countries in Transition;

5. Enforcement of Intellectual Property Rights in Countries in Transition

6. Use of IPRs by SMEs (Specific for CIS countries)

Tools for Countries in Transition:

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• Identification of legal and institutional elements of the early stage innovation systems, including existing innovation and IP laws, role of central innovation promotion bodies, incubation parks, etc.

• Identification of the best practices and their comparison with practices in other countries

• Creation of a model for the early stage management of academic IP

Tool 1: Management of Academic Intellectual Property and Early Stage Innovation in Countries in Transition

Tool 2: Special Features of the Copyright Systems of Countries in Transition

• Development of recommendations regarding the establishment and functioning of the system of collective management of copyrights and related rights

• Analytical study on contribution of the industries based on copyright and related rights to the national economic and social development

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• Positive and negative examples of privatization where IPRs are present

• Recommendations concerning legal and organizational infrastructure to improve the existing situation

• Methods fro identification and valuation of IP objects in the process of privatization

Tool 3: Intellectual Property Rights and Privatization in Countries in Transition

Tool 4: Nation Branding in Countries in Transition

• Development of methods for identification of the country image on foreign markets

• Identification of basic practices for creation of national brands

• Establishment of main types of cooperation between national governments and private sector in creation and improvement of the external country image

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• Development of methods of determination of the piracy and counterfeiting in the country

• Identification of areas where enforcement is insufficient

• Development of model legislative provisions on enforcement of IPRs for incorporation into national laws

• Further development of the national systems of enforcement, development of coordination and interaction among law-enforcement bodies, courts etc.

Tool 5: Enforcement of Intellectual Property Rights in Countries in Transition

Tool 6Tools for the Use of IPRs for SMEs

REQEUSTED BY THE CIS INTER-STATE COUNCIL FOR IPRS

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TOOL 7 ???SERBIA – BELGRADE November 19, 2008

New Tool - ???

• GUIDANCE FOR THE DEVELOPMENT OF AN INTELLECTUAL PROPERTY (IP) STRATEGY IN SERBIA

– Develop a guidance for countries in transition – today’s experience to be shared

• Strength of intellectual property protection

• If weak - foreign investors are discouraged– National IP Strategies – are they needed?

Intellectual Property Protection

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• Attract and retain talented human capital • Measures to reduce brain drain

(research facilities, grants, venture funds, as part of IP strategic planning…)

• Nation banding…Promote R&D– National IP Strategies – are they needed?

Brain Drain – Brain Gain

• A MACROECONOMIC tool to enhance economic and social development policies

• A MICROECONOMIC tool to bring value to a business enterprise– National IP Strategies – are they needed?

Intellectual Property: A Multifunctional Tool Engine

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• Mean of accomplishing economies/social/cultural development

• Commercial transfer – sale of exclusive right (know-how contract, license, sale of capital goods, franchising, consulting, joint venture

• Education

– National IP Strategies – are they needed?

Technology Transfer

Many governments support innovationpublic services, financing, tax breaks

• Private sector: limited support, expecting short term returns

• Innovation support: long term, strategic investment, same as funding for R&D activities

• Innovation support: public service, similar to health care and education

• What about the transition period? • Past – Future

• National IP Strategies – are they needed?

Is There a Government Support for Innovation?

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IP ASSETS

• Plans, Strategies, and Policies relating to IP

Written strategic plans at the governmental level for IP Asset development and management, including comprehensive Plans of Action (specifying objectives, mechanisms, actions, etc.) and fully integrated with national plans concerning the economy, development, education, trade, etc

What Is An Intellectual Property Strategy?

• An IP Strategy: • also referred to as Innovation or Science and Technology Strategy

or Plans are in some cases called Research and Development Plans;

• set of measures formulated and implemented by a government to encourage and facilitate effective creation, development and management of intellectual property;

• outlines how to develop infrastructures and capacities to support inventors of IP to protect, develop and exploit their inventions;

• a comprehensive national document which outlines how all the policy developments and implementation take place in a coordinated manner within a national framework;

• how best to develop the talent base for an innovation system that attracts foreign direct investment, and help in building an inclusive economy.

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Who Manages an IP Strategy?• Australia Backing Australia’s Ability- An Innovation

Plan for the Future is managed by a Science and Innovation Ministerial Council;

• Chaired by the Prime Minister and advised by the Chief Science Secretary.

• Denmark, Industry Policy in Denmark. New Trends in Industrial Property Rights - by the Danish Agency for Science and Technology.

• Elsewhere: governments have formed Ministerial Councils or Commissions to be responsible for managing the strategies. Normally the Ministries responsible for Trade, Industry or Commerce, Research, Science and Technology, Education, Foreign Affairs, Manpower Development, Culture are included in the Ministerial Commission charged with managing a National IP Strategy.

QUESTIONSIs there:• a national IP strategy, plan, or policy? • a national “innovation plan”? • a national strategy, plan or policy for

research and development (R&D), science and technology?

• a national strategy, plan or policy for industrial development or economic development?

• a national strategy, plan or policy to promote cultural industries and creativity?

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EXAMPLES

• In Australia, a number of IP policy papers were issued to address the question of how best the result of R&D could be protected and exploited. “Management of Intellectual Property in the Public Sector”, a presentation by the Auditor-General for Australia, is one of the most informative papers in which the Auditor-General urges Government Agencies to understand the importance of IP management in the public sector.

EXAMPLES - continued

• The Go of Canada launched the Innovation Strategy to vastly increase public and private investments in knowledge infrastructure to improve Canada’s research and development (R&D) performance in order to respond to economic challenges and opportunities with the aim to ensure that a growing number of firms benefit from the commercial application of knowledge, and to brand Canada as a location and attract FDI

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EXAMPLES - continued

• Denmark’s strategy “Industry Policy in Denmark - New Trends in Industrial Property Rights” states three strategic goals:

• (1) The means of protection are to be developed in step with technological development and growth of the global knowledge community;

• (2) International harmonization of the legislative basis for protecting inventions, trademarks and industrial designs is to be promoted; and

• (3) Faster and cheaper means are to be evolved for securing international protection of inventions, trademarks and industrial designs.

EXAMPLES - continued

• CROATIA• ROMANIA• Malta, FYR Macedonia,

Montenegro, Albania…..

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ACTORS

BRAINSTORMING

• IP is a “tool”, which can have a great impact on businesses and enterprises in their development, competitiveness, and success

• Successful use of IP depends on factors such as:– Existence of an effective IP system in a country– Level of IP awareness of the business

community and the society as a whole– Legal framework

Conclusions

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• WIPO has been and will continue to play a major role in assisting the business community in countries in transition to enhance its competitiveness and growth

• Support for the development of national strategies, exchange of lessons learned, support by experts….

THANK YOU

Michal Svantner @ wipo.int

www.wipo.intwww.ompi.int