How to develop a National IP Strategy€¦ · awareness for general public and economic operators,...

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How to develop a National IP Strategy

The National Experience of Croatia

Željko Topić, SIPO, Croatia

BELGRADE, November 18-19, 2008

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Structure of the Presentation

The Subject Matter and Process determinationAnalysisDefining of Strategic Direction;Defining of the Strategy;Implementation of the Strategy;Monitoring and Revision.

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Determination of the Subject Matter

What is the Subject Matter of an IP Strategy?

In the case of Croatia it was:

Development and/or improvement of the National Intellectual Property System

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Determination of the Strategic Planning Process

It is an iterative process of defining strategic direction, and making decision on allocating resources to pursue the strategy.

Steps in the process are: Analysis ( PEST, SWOT);Defining of strategic direction; Defining of the strategy; Implementation of the strategy and Monitoring and revision.

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Determination of the Strategic Planning ProcessStep I. - Analysis

Strategic status ‘’AS IS’’

- National IP Ambient- International Ambient and Trends

The starting state of NIPS is determined by:

International IP ambience legal and institutionalNational IP legal regulationsInstitutional framework for the IPRs(Lack of) Use of IP as power tool for economic growthSystem of management of copyright and related rights

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Determination of the Strategic Planning ProcessStep II. - Defining of strategic direction

Major Elements of the Strategic Planning Process:

Mission describes the purpose of the existence of the entity

Vision defines where the entity wants to be in the future.

Goals – Objectives derived from the Vision. Strategic planning should end with Goals and road map of ways to achieve them i.e. STRATEGY

Strategy – a long term plan of action designed to achieve a particular goal

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Determination of the Strategic Planning ProcessStep II. - Defining of strategic direction

Policy - a deliberate plan of action to guide decisions

Policies created by national governments are public policies.

“Public policy is whatever governments choose to do or not to do” (Thomas Dye)

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Determination of the Strategic Planning Process

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IP Strategy – Example of Croatia

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National IP Strategy (2005-2010)

Document of the Government of the Republic of Croatia - adopted October 13, 2005

Prepared and submitted by SIPO

Available in Croatian and in English on:

www.dziv.hr

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Step I. Analysis - Croatian IP History

First Copyright Law May 1884 First Patent Law on July 1895First Official patent Gazette in Croatian language 1896 Continuity up to the present dayPolitical Independency of RC October199131.12.1991 Establishment of national competent authority – SIPOAdoption of relevant IP Laws

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Step I. Analysis - National Ambient

Existence of the strategic plans at the governmental level of IP assets development and management including comprehensive Action Plans.

Questions to ask:

Is there a national IP strategy? Is there a national innovation strategy?Is there a national strategy for R&D or S&T?Is there a national strategy for economic development?Is there a national strategy to promote cultural industries and creativity?

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Strategy

SOCIETY

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Strategy

S & T

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Strategy

EXPORT

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IP Laws, other laws and regulations affecting IP SystemIP Administration Professional education in IPPublic awareness of intellectual property Patent and Technical Information Use University and R&D center programs and supportFundingValuationLicensing

Important elements considered

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Cultural Assets and Industries Coordination of IP Policies with Economic PoliciesHuman capital developmentSMEs policies and use of IPStandards and certification

Further Important elements considered

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The starting state of NIPS is determined by:

International IP ambience legal and institutionalNational IP legal regulationsInstitutional framework for the IPRs(Lack of) Use of IP as power tool for economic growthSystem of management of copyright and related rightsState of play of other stakeholders in NIPS

Further Important elements considered

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Step I. Analysis - European IP Ambient

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Step I. - Analysis - European IP Ambient

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Part I – Analysis - European IP Ambient

Status of ratification of the EPCResults of the Strategy debate in AC of EPO – a new role of NPOs, partners in EPNUnitary EU patent & EPLALondon Protocol and issue of languagesOHIM and unitary nature of CTM & RCDLisbon StrategyBologna Strategy

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Step I. – AnalysisIP Mega trends and Challenges

The Millennium Declaration (UN Mill. Sum. 2000)

WIPO Development Agenda (Digital Divide, Traditional Knowledge, Folklore, Bio diversity etc.)

Ever-growing numbers (IPRs and applications) and constant pressure towards broadening of IP titles

Organized Crime and Terrorism

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Step I. - AnalysisIP Mega trends and Challenges

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Step II. Defining of strategic direction

The Mission

The stimulation of economic, scientific and cultural development by

providing a reliable and stimulating system of protection of IPRs through the improvement of the legal, institutional and program framework for the effective protection of IPRs (acquisition, maintenance & enforcement) and

promotion of use (profitable exploitation) of intellectual property.

The purpose of the document was to determine, who is doing what in the performance of this huge task.

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Step II. Defining of strategic direction

The Vision

CROATIAN NIPS in the year 2011 will:

guarantee the same level of protection of IPRsto that existing in the EU, and permanently maintain and harmonize that level of protection in accordance with all the international obligations and agreements concluded by the RoC.

ensure the conditions for the advanced use of intellectual property as a power tool for economic growth and an actuator of scientific, cultural and overall social development of Croatia

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Step III. Defining of the Strategy

Three Strategic Aspectsa) Adaptation of the NIPS - measures for the development of

the legislative and institutional framework and stimulation of the development of other stakeholders (interest groups)

b) Protection of IPRs - effective application of legal means by the institutions competent for carrying out intellectual property rights granting and protection procedures

c) Improvement of the use of IP as a resource in the economic, scientific,cultural and overall social development of Croatia - use of the results of human intellectual work, protected in the system of IPRs, as an entrepreneurial resource at all the level

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Strategic Goals1. Adaptation of the IPR legislation to the acquis communautaire

and international legal order2. Improvement of the national IP system institutional framework:

development of institutions, modernization of methods and procedures, employment and development of human resources, equipment;cooperation between bodies, institutions and organizations competent for IP, established on agreed policies;

3. Improvement of the IPR protection and reduction of the infringement rate to average levels of the EU Member States or below;

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Strategic Goals (continued)

4. Improvement of the use of IP as a power tool for progress by developing public services for the collection, storage, processing and dissemination of business, technological and legal information intended for all the interested sectors;

5. Stimulation of adequate development of activities of interest groups in this field;

6. Increase of the level of public awareness about the importance and value of IP

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Step IV. Implementation of the Strategy

Development of legislation framework

Harmonization with the Acquis:substantially completedconcrete measures provided for missing details and improvements (enforcement)follow-up

Membership in the European IP organizations:Accession to EPC – EPO membershipPreparation for accession to CTM and RCD

JudiciaryConcentration of the disputes

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Improvement of institutional framework

State Intellectual Property Office

Judiciary

Customs Administration

State Attorney’s Office

State Inspectorate

Police

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SIPO – strategic guidelines

Increased role in providing information to the public and other stakeholders of NIPS

Ensuring high quality procedures for granting IPRs –optimum between using own resources vs. the results from the centers of excellence from the international IP system (particularly in patents)

Proactive role in the enforcement of copyright and related rights - strengthened information role with respect to CMAs and associations of users (assistance, advice, working groups)

Improvement of the implementation of the most modern information technologies - full compatibility with the relevant national systems and the systems of WIPO, EPO, OHIM etc.

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SIPO – measures

5-year development plans for basic SIPO functions (sectors)

Providing adequate human resources (employment and education)

Providing adequate and facilities

Establishing an appeal procedure within SIPO

Feasibility study on self-financing public organization

New Organizational Structure

Implementation of a new Management model (including quality management)

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SIPO’s People

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SIPO’s premises

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Step IV. Implementation of the StrategySIPO’s - ICT System

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Improvement of the enforcement of IPRs (Judicial system)

transferring all IP matters (incl. revocation, nullity and invalidity) under the full jurisdiction of commercial courts (reduced role of Administrative Court)

Further concentration of litigation to fewer courts

Harmonization with the Enforcement Directive (2004/48/EC)

Training of judges, statistics, publishing of case law

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Judicial System Chart

SUPREME COURT

HIGH COMMERCIAL COURT

COUNTY COURTS(21 court)

HIGH MISDEMEANOURCOURT

ADMINISTRATIVECOURT

4 COMMERC. COURTShaving jurisdiction in IPR(out of total 12 courts)

MUNICIPIAL COURTS

(104 courts)

MISDEMEAN. COURTS

(110 courts)

SIPO(non-judicial

administrative body)

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IPR Enforcement ChartCONSTITUTIONAL COURT

constitutional rights’ violations

ADMINISTRATIVE PROCEDURE

SIPOexistence of rights

ADMINISTRATIVE COURT

administrative disputes

COMMERCIAL COURTSdisputes

HIGH COMMERCIALCOURT appeals

CIVIL PROCEDURE

CRIMINAL PROCEDURE

MISDEMEANOUR PROCEDURE

CUSTOMS PROCEDURE

RIGHT HOLDER

POLICEreferrals

STATE ATTORNEY OFFICE

criminal complaints

MUNICIPIALCOURTSindictments

COUNTY COURTSappeals

STATEINSPECTORATE

referrals

MISDEMEANOR COURTS

misdem. complaints

HIGH MISDEAM.COURT

appeals

CUSTOMSborder measures

SUPREME COURT non-regular legal remedies; approximation of court practice

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Improvement of the use of IPRs as a development resourceSupport to innovation culture (Croatian innovation system – CIS)

Joint projects of ministries and agencies:Innovation information centre

Studies on IP impact to fields of economy

Public services programs

Financial support schemes

Statistical models

Tax system incentive for IP …

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Step IV. Implementation of the StrategyINCENTIV opening

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INCENTIV – Information Centre for IP

officially opened as an integrated public services center in January 2008

3 main service areas:Public IPR help-desk (customer support service)Information search and analysis services (commercial services)Specialized IPR library and reading room services

Additional activities: public and targeted information activities, marketing of services

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Study

Copyright

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Study

Enforcement

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Raising awareness, training and educationGovernment:

Regular reporting about IP enforcement activities

Strict policies of observing IP rights within the state administration bodies

Promotion of IP protection in education system or economic policy initiatives

Supporting IP events

Support to IP training and education – joint trainings, continuous education of enforcement officers and judges, university programs on IP

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National IP Strategy and IP education:establishing of SIPO IP Academy, awareness for general public and economic operators, IP education for students (university and secondary schools), civil servants and IP professionals

IP Education in Croatia

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1. Internal (SIPO) human resources development2. External training and education programmes

and services3. Academic and school programs development4. Regional and International Cooperation5. IP System Research and Development

SIPO IP Academy - Scope of Activities

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Identification of the training needs (strategies, action and development plans, studies, statistics, reports)

Identification of the target groups

Identification of already available quality training resources (programs from other institutions)

Gap analysis – uncovered or underdeveloped fields, specific needs (development stage, international standards, target groups), local situation (legal system, language, structure of the economy)

Strategy of designing training programmes

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Structure of SIPO Academy Programmes

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SIPOSIPO’’S INTERNAL EDUCATIONS INTERNAL EDUCATION-- generalgeneral-- special for patent examinersspecial for patent examiners-- special for trademark and industrialspecial for trademark and industrialdesign examinersdesign examiners

-- special for IP legal professionalsspecial for IP legal professionals-- advanced for IP expertsadvanced for IP experts-- for information officersfor information officers

IP EDUCATION FOR PUBLICIP EDUCATION FOR PUBLIC-- generalgeneral-- for SMEsfor SMEs-- for R&Dfor R&D-- for innovatorsfor innovators-- for public infrastructural agenciesfor public infrastructural agencies-- for universitiesfor universities-- for schoolsfor schools

SPECIAL PROGRAMMESSPECIAL PROGRAMMES-- for for large large companiescompanies-- for enforcement bodies and for enforcement bodies and

judiciaryjudiciary-- for patent and trademark for patent and trademark

representativesrepresentatives

REGIONAL AND REGIONAL AND INTERNATIONAL INTERNATIONAL COLLABORATIONCOLLABORATION

- joint courses, summer schools- bilateral collaboration- In sourcing of seminars

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Interest GroupsGroups - collective management associations (CMA) and others (associations of users, economic operators, consumers, NGOs, authorized IP representatives etc.)Measures:

Supporting establishing CMAs in visual rights, of authors and publishersCollecting remunerations for private reproduction of protected works and public lendingDatabase of right-holdersChamber of authorized IP representatives (Code of conduct, Ruleson Tariffs)Collaboration of enforcement bodies and right-holders’ associationsSupport to IP professional associations – Development of missing links

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Step V. Monitoring and Revision

Closing remarks of the documentGovernment shall obligate all competent bodies to:

plan in an appropriate manner the implementation of the measures referred to in the Strategy in their long/medium term planssubmit regularly the reports on the realization of the measures

Reports shall be submitted:according to the dynamics of the implementation of measures, and at least once a yearto the Government, by intermediary of the SIPO, which shall submit the integral annual report to the Government, and communicate the same to all the participants of NIPS

Basic corrective mechanism shall be constituted by the users of the system, who shall make complaints relating to the deficiencies of the system during the implementation of the measures referred to in the Strategy

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Conclusions

IP has many different aspects – multidisciplinary approachOne size doesn’t fit all – targeted and contextual approachDon’t reinvent the wheel – in source available quality programmesOptimize resources - network and cooperate with different specialists and organizationsAll target groups are equal but some of them are more equal – prioritize your goals

Our lessons learned

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Thank you for your attention.ХВАЛА НА ПАЖЊИ

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