Raising IP Awareness

Module 6BSelling the message

Contents

• Winning the argument

• Popular IP event formats

• The experience in France

• Exercises

• Break

• Press Releases

"What has IP got to do with me?"

• SMEs do not see the relevance of IP to themselves - it is only for big companies

• Most are not active in patentable areas...

• ... but all of them work with © and brands!

• Most regard IP as expensive, complicated and risky

• Most are ignorant of the money to be made, and the opportunities created

Focus on the easy stuff

• "Our company does not have any IP"

• Tell them about © and unregistered IP

• Once they realise that they are already IP owners, it is easier to convince them of the relevance of IP

• Even with patents, focus on patent information for strategic intelligence; or on licensing-in; rather than patent ownership

Patents - what not to say

• Describing patents as a way to block competitors is out-of-date

• Few SMEs can afford litigation to enforce anyway

• Few SMEs care about controlling a monopoly!

• Explaining how to apply for a patent is less important than explaining why to apply

Patents in context

• Knowing patent law is not the same as knowing patent strategy

• Examples of how patent strategy, as part of overall business planning, can bring commercial advantages, is far more persuasive than lecturing on patent law

• Speak the SMEs language - MONEY

Popular Event Formats

• SMEs have very little spare time

• Offer e.g. 2 hour events in the evening

• Co-ordinate with a respected partner

• Use a mix of speakers, e.g. an IP attorney, a business advisor and a case study

• SMEs often trust messages from the private sector more than from public sector

Popular Event Formats (2)

• Put the event on a specific theme, where IP is only one aspect, e.g. Export rules

• Focus the event on a specific industry sector, again where IP is only one aspect, e.g. software development

• Insert your messages into SME meetings• Include venture capitalists in the audience,

and as speakers to attract SMEs• Include others with "something to offer"

Form alliances

• "Business Advice Open Days" (UK)

• About one per month, across the UK

• Invitations based on new VAT registrations

• Brings many advice and support services into a single place

• Over 2000 attendees on a typical day

• http://www.businessadviceday.gov.uk/

• Benchmarking National and Regional Support Services for SMEs in the Field of Intellectual and Industrial Property

• http://www.proinno-europe.eu/admin/ uploaded_documents/Benchmarking-Report-SME.pdf

• http://www.kmuforschung.ac.at (Alfred Radauer)

• For copies contact Lisbeth Bahl-Poulsen

lisbeth.bahl-poulsen@ec.europa.eu

UK IPO: "What is the Key?"

• Alliance with the Chartered Institute of Patent Agents & Institute of TM Attorneys

• Incentive for SMEs to complete questionnaire - chance for a free IP audit

• Attorneys get a chance to meet clients

• UK IPO collects statistics on SMEs and IP

• UK IPO has a chance to write case-studies

WP4: Module 6B

How to promote consideration of IP in the strategy of SME/SMI?

The case of:

IEEPI in France

The French experience

• The Situation

• The Problem

• How to address the problem

Facts & Figures• Few PATENTS filed in France: 17 000 /

year

• Low figure essentially attributable to SME/SMI

• Only 1500 of a total of two million SME/SMI file patent applications each year

NEED FOR INTENSIVE ACTION

... but a proven impact

SME/SMI filing PATENTS:

• Job creation

• Large growth in turnover

• Growing profitability

Therefore greater vitality than the average SME/SMI

Source: OSEO-INPI study of December 2004

Lack of Knowledge about IP

SME/SMI know little or nothing about IP

BECAUSE OF:

• Little university education

• Little ongoing training

• Tradition of secrecy

The French experience

• The Situation

• The Problem

• How to address the Problem

How to contact and interest company directors who:

• Have no time?• Lack financial means?• Lack human resources?• Regard training as a waste of time?

How to contact and interest company directors, who:

have a negative image of patents as

• Complicated?• Expensive?• Difficult to enforce?

The French experience

• The Situation

• The Problem

• How to address the problem

Objectives• First step: stimulate IP consciousness

• Second step: appoint an « IP adviser » within the company

TARGET : directors of SME/SMI

Focus: industrial sectors with a high added value (mechanics, plastics…)

Sales ApproachPrinciple: 3- step approach

1. Brief presentations through intermediaries (chambers of commerce, etc…)

2. 1st, short training course: ½ day to 1 day (for general introduction awareness)

3. 2nd, in depth training course: 1 or 2 days, aimed at the future in-house IP adviser

1st Step: Presentation

Brief Presentation:

• Duration: 30 to 45 minutes• Intermediaries:

by profession: professional unions or sectors by geographical area: chambers of commerce and industry, employers' associations, directors’ clubs…

• When? during an annual general meeting or a full meeting

Sell the message!

MESSAGE: IP ought to be of concern to you because

It protects you

It increases the value of your products and your business

It can generate income

Importance of Vocabulary

BE SIMPLE: avoid technical and/or legal terms

• « Commercial development » rather than « innovation »• « Patent or trademark or design registration »

rather than « Intellectual property »• « Infringement » rather than « violation of IP rights »

Objective:

Get the company to register to a short training course!

2nd & 3rd Step: Course Methodology

Use different methods!

• Classic approach: classroom theory/case studies/ exchange of ideas and information

• Training – action: visits to firms with presentation and discussion of real cases

• E-learning: portal allowing updates and a question-and-answer forum

ConclusionsLengthy approach because of:• Various business profiles• Various businessmen profiles• Lack of time

But a NECESSARY approach: SMI/SME are an ESSENTIAL source of innovation and employment

IMPORTANT to exchange IDEAS and INFORMATION to IMPROVE the efficiency of such exercises

Supporting Exercises

• Little Game: Understanding the IP World – Right and Wrong Perceptions

• Quiz - Multiple Choice Test

“I apply for an IP right for it not to be copied.”

This is wrong!

When we apply for a registered design, a trade mark, a patent, etc. we are exposed to copies once the subject-matter is made public by the relevant IP Office. Copyright protects our literary, artistic and scientific works without needing to register them, but we are exposed to be copied once the work is disclosed to the public.

Why to apply for an IP right or be interested in IP protection then?

Because IP rights grant you exclusive rights to use and exclude others from using the protected subject-matter.

You are empowered to act against the infringer.

“IP rights are not for me. They are too expensive.”

This is a misconception!

Costs vary from one IP right to another and from one specific case to another.

Some IP rights do not need registration to be applied (e.g. copyright or the unregistered community design).

Others (e.g. trade marks, utility models or registered designs) are affordable to an individual; an SME would be even in a better position.

Patents may be expensive, but a good IP strategy and financial planning would help to save costs.

“Patents protect all types of innovation.”

This is wrong!

Patents protect INVENTIONS… and not all inventions.

To be patentable, an invention must be NEW (worldwide), have an INVENTIVE STEP and be INDUSTRIALLY APPLICABLE.

And that’s not all: There might be inventions that cannot be patented either (e.g. inventions whose exploitation is unethical).

Knowledge, IP, is susceptible to be protected by different IP rights, with different functions and purposes. You should study the broad range of IP rights under the relevant system in order to go for the

ones that best serve your interests.

“My results are really new. I am to patent, and as it is very expensive I will write the patent application myself (I am engineer; I should have no problem).”

Are your results “really” new? Any good search of the state of the art has been carried out?

Drafting a patent application is a complex matter. One does not only need to have technical knowledge on the field in question but particular expertise on drafting patent applications.

“I did not register my work and I’ve been copied…I have no rights now.”

Copyright protects your artistic, literary or scientific work from the very moment of its creation. Broadly speaking, there is no need to fulfil any formality nor to register.

What for registering my work in an IP Office then?Registering your copyrighted works gives you at least a presumption of authorship, very useful in case of a dispute.

Is the IP Office the one that allows me to put a copyright notice on my work?

No. The copyright notice © is placed on the work by the copyright holder. It shows others that the work is protected and also whom to contact in case they want to use the work.

Supporting Exercises

• Little Game: Understanding the IP World – Right and Wrong Perceptions

• Quiz - Multiple Choice Test

1. An SME should be interested in new technologies and innovation:

a) Not necessarily, SMEs mainly work in the old ways.

b) Indeed, as this will help it to become more competitive.

c) No, because it is too expensive.

d) No, those things are for big companies.

a) True, since it allows it to acquire a competitive advantage and grow its business

b) False, IP protection is too expensive and not adequate for an SME

c) False, the IP of SMEs is protected by the Commission

d) True, since it allows it to participate in EU-funded research projects

2. It is important for an SME to protect its IP:

a) Exclusively in its home country, since this is enough to protect its IP in any country where it develops commercial activities

b) In the whole world, otherwise it makes no sense

c) Exclusively in its home country, since an SME never goes international

d) In its home country as well as in any country where it develops commercial activities

3. Geographically, an SME must protect its IP:

a) False, SMEs have traditionally been concerned about the protection of their IP.

b) True, but this only concerns SMEs that develop their activities outside Europe.

c) False, in the past SMEs used to invest more in the protection of IP.

d) True, IP becomes more and more important in a highly competitive global market.

4. For SMEs, IP is more important nowadays than in the past:

a) On the contrary, it makes it poorer because of all the money spent to acquire IP rights

b) Indeed, it may also open the way to strategic partnerships

c) It does, but it also makes its products much more expensive

d) Not at all

5. A strong IP rights portfolio raises the commercial value of an SME:

a) It can forget about it and go back to normal work

b) It should seek to exploit its knowledge directly or indirectly, e.g. by granting licences to third parties, as well as to enforce its IP rights against infringers if needed

c) It should always sell its IP right away in order to make as much money as possible

d) It should keep the knowledge secret and never again communicate it to anyone

6. Once an SME has protected its knowledge by IP rights:

a) Must immediately hire an expensive lawyer

b) Can make use of several free support services, such as the IPR-Helpdesk, the SME web section of the World Intellectual Property Organisation, or InnovAccess

c) Must seek advice from a bigger company in the same sector

d) Should wait for a good related article in newspapers

7. An SME that seeks general information on IP:

a) Not necessarily, there are several European initiatives for the support of innovative SMEs, such as the EU Framework Programmes and the Competitiveness and Innovation Programme

b) True, practically all activities for the support of innovative SMEs are carried out at national level

c) True, by nature SMEs are not destined to transnational cooperation activities

d) True, the European Commission has clearly stated that SME support shall be provided exclusively at national level

8. Innovative SMEs can find support only at national level:

a) Not necessarily, medium to low technology SMEs can also participate to develop their skills.

b) True, practically all research projects are meant for high-tech SMEs.

c) True, medium to low technology SMEs do not receive any financing.

d) True, unless they merge with a bigger company.

9. Only high-tech SMEs can participate in EU-funded projects:

a) One may consult the SME Tech Web service, the National Contact Points Network or other similar services

b) One may consult the web site of the World Intellectual Property Organisation

c) One should consult the Commission Recommendation on the definition of Small and Medium Enterprises

d) One should regularly check Google

10. In order to obtain information on SME participation in EU-funded projects:

Break

Press Releases

• Exercise – the Bosarian PO Press Release

• This release is a disaster!

• Identify the problems with it– Work through it paragraph by paragraph– Why would a journalist not use this release?– How has it failed?– Do not focus on its factual content or accuracy,

rather focus on its completeness in attracting interest and usefulness for preparing a story

Anatomy of a Press Release

• What sort of news is interesting?

• Who, what, where, when, why

• The “hook” – why is this news today?

• Quotes

• Pictures

• “Notes to Editors”

• “White label” copy – pre-written articles

Press Release #1 – what is news?

• The purpose of journalism is to… entertain

• Bad news is more newsworthy

• Stories of “risk”, “threat” and “danger”

• People make stories, not things

• Statistics & surveys

• Competitions, victories, success

Press Release #2 – key facts

• The first and second sentences of any press release must answer the questions:

• Who?

• What?

• When?

• Where?

• Why?

Press Release #3 – the “hook”

• Any journalist wants to know – “Why is this subject newsworthy today?”

• The opening or start of something

• The closing or ending of something

• An important anniversary

• Write it in advance of some critical date, rather than put it out 3 days late! (“embargo”)

Press Release #4 - quotes

• Including quotes from two or three people makes the Press Release easier to turn into an article

• Quotes increase “human interest”

• Write the quote – then show it to the quoted person for them to authorise it or amend it

• If you just ask the person to give you a quote you never get what you want or need

Press Release #5 - pictures

• A strong picture increases the chances of a story being used

• Pictures of people, especially faces, are twice as likely to be used as pictures of objects or places

• Include low resolution sample images with the release. Have high resolution pictures ready on demand

Press Release #6 – Notes to Eds

• “Notes to Editors” is an annex

• It should contain extra details to support the writing of an article

• Keep the main release free from too much detail – move as much as you can to the “Notes to Editors”

• Include contact details of someone who can help with additional information

Press Release #7 – white label

• News Agencies (e.g. Reuters, Press Assoc.) will convert press releases into short articles for syndication to anyone who wants them

• You can do the same! Write a short feature or article to support the Press Release, and offer that too

• Journalists who are too busy to write their own articles might just use yours

Press Releases #8 Final exercise

• Exercise – the Dávid Bánky Press Release

• This release is a model

• Identify how it includes the key principals– Work through it paragraph by paragraph– How has the information been organised?– How might it be improved?

Thank you for your attention!

Have a safe journey home