Roles of Intellectual Property
Rights in Economic
Development and Integration
Yumiko Hamano
Project Coordinator
WIPO University Initiative
Innovation and Technology Transfer Section, WIPO
Skopje, April 1 – 3, 2009
Outline
•
WIPO
•
What are IP Assets?
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Why IP matters?
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Key players of IP
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Globalization of IP and New Trends
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WIPO Support
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
WIPO
<Establishment>
•
One of 16 United Nations Specialized Agencies
Dedicated to developing balanced and accessible intellectual property
systems that encourage and reward creativity and contribute to the
economic and cultural growth to the benefit of human kind.
•
Head quaters located in Geneva
•
184 Contracting States
•
Administration of 24 international treaties
•
Some 1,200 employees
© 2009 Yumiko Hamano
WIPO
<Mandates and objectives>
Promotion of IP systems and IP rights protection
through cooperation among states and in
collaboration with other international
organizations
–
Promoting a balanced IP system and realizing it development
potential
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Strengthening IP infrastructure, institutional and human
resources
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Progressive development of international IP law
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Delivery of quality services in global IP protection system
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Greater efficiency of mangement and support processes
© 2009 Yumiko Hamano
WIPO
< Core Activities>
• Promoting understanding of IP and realizing its
development potential
• Legal and technical assistance and capacity building
• Facilitating development of IP law and harmonization of it
• Harmonizing national IP legislation and procedures
• Providing services for international applications for
industrial property rights
• Facilitating dissemination and exchange of IP information
• Facilitating the resolution of private IP disputes
© 2009 Yumiko Hamano
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
© 2009 Yumiko Hamano
What Are IP Assets?
Creations of the mind:
1.
Industrial property
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patents (inventions)
utility models
trade secret
trademarks
industrial designs
geographic
indications
new plant varieties
IP Assets
© 2009 Yumiko Hamano
2.
Copyrights
International Law of IP
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Paris Convention
Patent Cooperation Treaty (PCT)
TRIPS Agreement
Madrid Agreement
Hague Agreement
Berne Convention
WIPO Internet Treaties
© 2009 Yumiko Hamano
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
© 2009 Yumiko Hamano
Fortune 500 Companies
Over 80% of market value of Fortune
500 companies is based on their
intangible assets
Intangible assets
(knowledge based assests)
e.g.
• Patents
• Trademarks
• Brand
© 2009 Yumiko Hamano
>
Tangible assets
(physical assests)
e.g.
• Real estate
• Equippment
• Cash
Patents filings at USPTO, JPO and
EPO (1982 -2002)
© 2009 Yumiko Hamano
PCT Applications
© 2009 Yumiko Hamano
Average Growth of Sales in
the Industrial Sector (1995-2003)
14
12
10
8
1995-2000
6
2000-03
4
2
0
High Technology
Products
© 2009 Yumiko Hamano
All Manufactured
Products
High Technology
Services
R&D Expenditure
R&D/GDP (%) in 2006
Belgium
1.83
Bulgaria
0.48
Croatia
0.87
Czech Rep.
1.54
Denmark
2.43
Germany
2.53
Greece
0.57
France
2.1
Italy
1.09 (2005)
Hungary0.94 (2005)
Netherlands
1.66
Austria 2.49
Poland
0.55
Portugal 0.83
Romania
Finland
Spain
Sweden 3.73
Turkey
UK
EU27
EU15
Japan
USA
0.45
3.49
1.2
0.59 (2005)
1.76 (2005)
1.84
1.91
3.32 (2005)
2.61
Source: eurostat
© 2009 Yumiko Hamano
© 2009 Yumiko Hamano
© 2008 Yumiko Hamano
EPO Scenario for the Future, 2007
Innovation and Economic Growth
The creativity and inventiveness of our people is our country’s greatest
asset and has always underpinned the UK’s economic success.
But in an increasingly global world, our ability to invent, design and
manufacture the goods and services that people want is more vital to our
future prosperity than ever.
Innovation, the exploitation of new ideas, is absolutely essential to
safeguard and deliver high-quality jobs, successful businesses, better
products and services for our consumers, and new, more environmentally
friendly processes.
Rt. Hon. Tony Blair, Prime Minister
Innovation Report 2003
© 2009 Yumiko Hamano
Economic Benefits of IP
Macroeconomic level
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Increase GDP and competitiveness
Enhance exports of high value
Stimulate R&D
Reduce brain drain by providing incentives
Help address national human needs
Develop national brand and cultural identity
Attract beneficial FDI and local investment
Job creation
© 2009 Yumiko Hamano
Economic Benefits of IP
Microeconomic level
– Create portfolios of IP as a source of competitive
advantage
– Enhance products and promote brand value
– Enhance corporate value
– Avoid and defend against litigation
– Provide incentives and recognition
© 2009 Yumiko Hamano
IP Strategy
IP Strategy should be established in line with the legal, economic,
educational and R&D policies of the nation, such as:
–
–
–
–
–
–
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Legal system
Economic and Industry Infrastructure
Science, Technology, and Innovation
Financial System
Trade policy
Culture and education
Infrastructure
© 2009 Yumiko Hamano
IP and Economic Growth Cycle
University and
R&D
Research
IP
(Invention) as
a result of
Research
Invention
Disclosure
Patent
Filing
&
Decision of
protection
Start-up/
Economic Growth
Patent
Grant
Marketing
Spin-off
Further Investment
in R&D
© 2009 Yumiko Hamano
Profit
Generation
Commercialization
Licensing-out
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
© 2009 Yumiko Hamano
Key players of IP
•
•
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Multinational Companies
SMEs
Venture capital
University
R&D Organizations
Academia/ researchers
Governments
Public/ consumers
Individuals
© 2009 Yumiko Hamano
Different Skills Required
for IP Management
Technology Management
Legal aspects
© 2009 Yumiko Hamano
Business
Investment
in University Research
$M
350
300
250
200
150
100
50
0
2000
© 2009 Yumiko Hamano
2001
2002
2003
2004
2005
Source: Nikkei
University-Industry
Joint Research
20000
15000
10000
5000
20
00
20
01
20
02
20
03
20
04
20
05
0
© 2009 Yumiko Hamano
Source: Nikkei
Industry Strategies
R&D Budget Increase
R&D Staff Increase
Joint R&D with JP Univ.
Joint R&D with Overseas
Univ.
Joint Venture
Others
0%
© 2009 Yumiko Hamano
50%
100%
Source: Nikkei 2005
Strategic Field of Research
Software
Robot
Fuel Cell
Environment
Genetic Engineering
Nanotechnology
0%
© 2009 Yumiko Hamano
20%
40%
60%
Source: Nikkei 2005
University Roles
In the past….
• Education
• Generate new knowledge
through research
• Transfer the knowledge
generated to the public for
the benefit of society
© 2009 Yumiko Hamano
Today, additional roles of
universities
• Financial support for research
• Commercialization of research
results
• Increased collaboration with
industry
• Entrepreneurship development
• Technology Marketing
University-Industry Collaboration Infrastructure
Universities and
R&D institutions
•IP Policy
•R&D Policy
•TTO
•Research Projects
Government
•Economic Development (SME Policies,
market creation
•National IP Infrastructure (laws and
Regulations)
•Enforcement
•IP Strategy
IP Assets
Industry
•Research Funds
•Research Collaborations
•Licensing
•R&D Enhancement
•Marketing
•IP Education
•Commercialization
•Research Funds
© 2009 Yumiko Hamano
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
© 2009 Yumiko Hamano
New Innovation Concept
<Open Innovation>
Open innovation is described as:
“combining internal and external ideas as
well as internal and external paths to
market to advance the development of new
technologies”
Source: Chesbrough, Henry, Open Innovation, 2003
© 2009 Yumiko Hamano
Open Innovation Models:
•Lilly
•DuPont
•Apple
•Novartis
•IBM
•P&G
These companies have realized the
power of admitting that not all good
ideas start at home. Making network
innovation work involves cultivating
contacts with start-ups and academic
researchers, constantly scouting for
new ideas and ensuring that engineers
do not fall prey to “not invented here”
syndrome, which always values inhouse ideas over those from outside.
(The Economist, Lessons from Apple. 09/06/2007)
© 2009 Yumiko Hamano
Change in Merck’s approach
Merck is a Company commited to significant internal scientific
research, but its 2000 annual report noted that:
“Merck accounts for about 1 % of the
biomedical research in the world. To tap into the
remaining 99 %, we must actively reach out to
universities, research institutions and
companies worldwide to bring the best of
technology and potential products into Merck”
(Chesbrough, Henry, Open Innovation, 2003)
© 2009 Yumiko Hamano
Implications for Developing
Countries
Universities and research centers
–
Increased chances of participation in the new model as
providers
of new technologies
– Need to develop skills to protect and commercialize their IP assets
Local national firms
– Need to increase their IP portifolio in order to compete
– Need to collabrate with other enterprises
Multinationals operating in DCs
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Increasingly consider business models which include the development
of knowledge outside their headquarters
– Need to integrate local capabilities.
© 2009 Yumiko Hamano
IP Divide...
• 91% of patents are from OECD countries,
>85% from EU, Japan and US
• PCT filings and national patent filings in
developing countries are by non-residents
primarily
© 2009 Yumiko Hamano
Newly Required Skills
• Professionals capable of implementing strategies
for the protection and commercialization of
technology taking into account new models of
innovation
• Professionals capable to circulate in the scientific
and technological arena, as well as in the business
world. They should also be able to understand the
logic of both worlds to make the links needed for
the improvement of innovative outcomes.
WIPO - Beatriz Amorim, March, 2008
© 2009 Yumiko Hamano
Key to Success
AUTM U.S. Licensing Activity Survey 2006:
“The success of Technology programs is
reliant upon staffing which includes
licensing staff and administrative staff.
Conditions have to be created to increase the
number of technology transfer experts”
© 2009 Yumiko Hamano
Outline
•
WIPO
•
What are IP Assets?
•
Why IP matters?
•
Key players of IP
•
Globalization of IP and New Trends
•
WIPO Support
© 2009 Yumiko Hamano
ITTS’ s Mission Statement
To effectively support Member States, in
particular developing countries and countries
in transition, to enhance and strengthen their
capacity for local development, ownership,
accumulation, management, use and
commercialization of IP as an economic asset
for the benefit of their nationals.
© 2009 Yumiko Hamano
From Research to Commercialization
GOVERNMENT
National IP Strategy
WIPO University Initiative Program
R&D Network
R&D
University IP
and
technology
Management
© 2009 Yumiko Hamano
Protection
Licensing
Patent
Drafting
STL
Commercialization
Valuation
Marketing
Core Objectives of ITTS
• Establishment of IP and TT
Infrastructure
• IP and technology management capacity
building
• Development of HR skilled in IP
© 2009 Yumiko Hamano
ITTS Activities
1.
Assisting research institutions in Setting IP infrastructure and their
IP Assets management capacity building
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2.
National IP Policy
Institutional IP Policy and procedures
Patent Drafting
Technology Licensing
Valuation
Marketing
Creating a forum among research institutions
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WIPO University Initiative program
R&D Network
© 2009 Yumiko Hamano
WIPO - Beatriz Amorim, Março, 2008
Training Programs
• National IP Strategy
• Institutional IP Policy and IP
Management
• Patent Drafting
• Technology Licensing
…..in English, French, Spanish and others
© 2009 Yumiko Hamano
National IP Strategies
Objectives:
To assist Member States in National IP Auditing in view of
formulating and implementing National IP Strategies in
line with their national social and economic goals
Target audience:
Senior Policy makers, representatives of universities and
R&D institutions and private sector (SMEs, Chamber of
Commerce…)
Key deliverables:
• Creation of an interdisciplinary body at a National level,
focusing on benefits derived from strategic use of IP Assets
• National Audit Report as a basis of formulating National
IP Strategy
© 2009 Yumiko Hamano
Institutional IP Policy and IP Management
Objectives:
• To build knowledge of effective management of IP and technology
generated by a university or R&D institution
• To provide universities and R&D institutions with solid framework and
guidelines of IP and Technology Management
Target audience:
IP and technology managers, scientists, researchers, managers of
universities and R&D institutions
Expected key deliverables:
• Clear understanding and development of Institutional IP Policy and the
key issues:
» Ownership
» Revenue sharing
» Commercialization processes
» Technology Transfer Office
» Incentive etc.
• Clear understanding of effective IP and Technology Management
Procedures
© 2009 Yumiko Hamano
INTELLECTUAL
PROPERTY POLICY
AND PROCEDURES
FOR RESEARCH
INSTITUTIONS:
Ten Key Questions
Patent Drafting
Objectives:
• To fill a critical shortage of persons skilled in drafting
patents in developing counties
Target audience:
Scientists, researchers, technology managers, inventors
and attorneys with technical background, who will be
drafting patents in the future
Expected key deliverables:
• Clear understanding of scope of patents
• Knowing structure of patent documents and patent
application procedures
• Determining what, when, how and where to patent
• Claim designing and drafting skills
© 2009 Yumiko Hamano
Licensing Negotiation Training
Program
Objectives:
• To make licensing accessible tool for technology transfer and business
in emerging and developing countries
• To broaden the scope of the users - not only the lawyers but
researchers, business persons, SMEs
• To empower potential users to recognize licensing business
opportunities and risks
• To provide solid base for practical application of the IP and licensing
knowledge acquired
Target audience:
Scientists and Researchers, Business circle, Lawyers, Technology
Managers, Funding institutions, SMEs
Expected key deliverables:
After completion of the courses participants are expected to be
to:
•
•
able
Have have better understanding of technology licensing process (key
terms of the agreement, mechanism of the licensing negotiation and
drafting of contracts)
Participate in licensing negotiation,
© 2009 Yumiko Hamano
Innovation Support Frameworks
• WIPO University Initiative Program
• R&D Networking
© 2009 Yumiko Hamano
WIPO Support
In the framework of WIPO University Initiative Program
 WIPO Documentation Kit
 Online IP Information databases
 WIPO Distance Learning programs
 Dynamic UIPC web page
 Regular value-added information and communications
 Customized training and seminars
 Invitation to certain conferences/ meetings/ seminars
 Electronic Forum
 Networking (among UIPCs, regional and global)
 Collaboration with Partner Organizations (IPOs,
AUTM, PIPRA etc.)
© 2009 Yumiko Hamano
Other IP Supporting Activities
• Development of customized training tools
• Publications/ Studies/ Researches
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© 2009 Yumiko Hamano
IP Assets Management Series
Institutional IP Policy
Studies on specific sectors
Best practices
Case studies
Countries where the ITTS implemented its activities
© 2009 Yumiko Hamano
Give a man a fish and you feed him for a day.
Give a man a fishing rod, and he feeds himself and his family
for as long as the fishing rod lasts.
Help the man acquiring the means and knowledge to improve
the fishing rod and build new ones, and he may feed
himself and his society for years to come.
- Old Proverb -
© 2009 Yumiko Hamano
Thank you for your attention
© 2009 Yumiko Hamano
WIPO web site:
www.wipo.int
WIPO University Initiative web site:
www.wipo.int/uipc/en
yumiko.hamano@wipo.int