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

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,
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

Milestones : 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

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

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

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 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

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

WIPO’s Activities
Norm-Setting
Services
to Industry
Economic Development

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

NORM 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

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

NORM 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

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): 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

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.

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

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

INNOVATORS & 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.

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)

THE PATENT COOPERATION TREATY
PCT

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

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

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

Innovation – 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]

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

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

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

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

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

Marketing 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

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

Innovation 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

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.

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

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

Appropriating Value from Innovation

Product Life Cycle
Sales
Time
Introduction
Growth
Maturity
Decline

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

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

New Business Models Emerge

New Regional Model Emerge

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

What 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”

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

Complementary 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

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

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

Innovation risk
RISKS
COSTS
RESEARCH DEVELOPMENT COMMERCIALISATION

Mortality of New Product Ideas

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

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

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

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 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.

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 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.

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 (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.

Entrepreneurship
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”

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]

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.

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.

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

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

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

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

Competitive Advantage
Criteria…

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

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

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,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

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.

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

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

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

(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

(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)

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

(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

(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

(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

(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

SMEs Website

(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

(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)

(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

(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...

(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

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

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

(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)

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

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

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

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

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

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

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
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

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

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

Key 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?

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

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

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”

Stage 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”

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”

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

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

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