Download
1 / 44
E N D
Research, Training and Awareness in the Field of Intellectual Property – Benefiting from the Experience of Japanby N.K. Joshi Section Officer Ministry of commerce & Industry INDIA WIPO Long Term Fellowship April 02 – September 28, 2008
Outline of the Presentation • Background information • Research study • Research analysis • Recommendations
Safeguard public interest Meet International obligations India’s IPR strategy IPR Strategy Modernize IPR Administration. Undertake IP Education/ Awareness/Research Activities
Modernization of IP regime(Two Phases) First phase (2002 - 07, Cost: $38.25 million) Achievement: Infrastructure development. Augmentation of human resources; Computerization; IP Training Institute (training & awareness activities) 4
Modernization of IP regime(Two Phases)….contd Second phase (2008-12, Cost: $75 million Additional Infrastructure (New building for ISA / IPEA functions and TM registry) Creation of Additional post for examiners Acquisition of databases and digitisation of all records IT accessories for making total on line processing Research/Training/Awareness (NIIPM) 5
Core Functions of NIIPM TRAINING N I I P M RESEARCH EDUCATION/ AWARENESS THINK TANK
Growth of Patent & TM applications Crossed 35000 mark in 2007-08 7
IPR filings in some countries (low comparative filings in India)
SME Sector in India Vibrant Sector of economy (12.8 million units, 31 million people, 39% of the industrial production and 33% of the exports) Low IP Activities/lack of interest for IP. Not coming forward to adopt IPR as a business strategy. Widespread lack of awareness about IPR Need for them to develop a positive approach towards creation, protection and management of IPR. Need to build awareness about IPR amongst SMEs to make informed decisions
Statistics of Higher education India has one of the largest Higher Education System in the world Universalities: 203 Central Universities: 18 Deemed Universities: 104 Institutions of National importance: 13 Colleges : 17,625 Estimated No. of students:104.81 lakh More than 5500 students in Doctoral course (per year) faculty strength: 4.71 lakh (Statistics pertains to year 2005)
Lack of funding and proper support for IP activity in Universities Lack of awareness on IPR and its benefits Lack of Budgetary and Human resources to manage IPR in the Universities Research funding by Industries is limited. No established systematic processes for the universities to obtain their IPRs. No support from the Patent Office Licensing of IPRs from the universities is still in a nascent stage (No Institutional Mechanism like TLOs).
Efforts so far MHRD providing support for IPR awareness workshops in various universities and institutions & also established IPR Chairs in 7 Universities. Over 350 IPR awareness workshops conducted by TIFAC (Technology Information, Forecasting & Assessment Council) Establishment of Patent Facilitating Cells by TIFAC in various places to facilitate use of Patent Information and also to help inventors to obtain patents for their inventions. IPR Cell in the Department of Electronics, ICMR, ICAR to spread awareness on IPR related matters. NRDC facilitating the process of obtaining IPR and also executing technology transfer for commercialization of home grown technologies.
Some key issues identified by the universities (Questionnaire survey on IPR Status in Indian Universities) Lack of awareness on IPR and its benefits Too Expensive Budgetary and Human resources to manage IPR in the Universities Lack of computerization and communication facilities Industries not coming forward to sponsor projects in Universities. Preference for IITs and a few selected institutions like CSIR labs.
Outline of the Presentation Background information Research study Research analysis Recommendations
Objective of the present study Training system of examiners of Japan Patent Office (JPO); Various measures implemented in Japan for creation of IPR awareness and enforcement of IPRs; Efforts made by Japan in the area of IP education, training and research; and University-Industry Collaboration in Japan.
Adopted Methodology Collection of information through Questionnaires and Personal Interviews with Resource Persons in JPO, Office of Industry Liaison, Tokyo Tech. Review of reports, journals, monographs, etc. Participation in training programs at APIC /AOTS Dispatch of Questionnaire to Industries.
Chapter of the study • The present study has been made under the following chapters: • Introduction • Training of Examiners of Japan Patent Office • Japanese Government’s Initiatives for Promoting IP Education/Awareness • Role and Functions of Various Organizations in Japan Involved in IP Training, Research and Awareness • University Industry Collaboration in Japan • Questionnaire, Summary and Recommendations
Outline of the Presentation Background information Research study Research analysis Recommendations
Trend in Patent Applications and Examination Request in Japan/performance level of JPO examiner’s Data Source: JPO Annual Report 207 Data pertains to year 2005 Source: JPO Annual Report,2007
Important features of JPO examiner’s Training • Separate Institute (INPIT) to take care of training of examiners. • Training committee in JPO to formulate strategy for training. • Close coordination between JPO and INPIT in planning and executing training programs. • Newly recruited examiner (Asst. Examiner) to undergo 3 main training courses within 4 years and pass the examination to become Examiner. • Two trainings for examiners during 6th and 8th year of service. • Examiners to undergo compulsory training in 10th year of service and pass the examination to become appeal examiner • Compulsory English language training • Specialized trainings • Training at domestic and overseas organizations
IP education/awareness- Japanese Government’s efforts • Supply of textbooks according to age groups (elementary schools to universities) • National wide support seminars targeting students from elementary schools to universities and their teachers using IP text books • Seminars for researchers (Universities & Public Research Institution)-strategic application filing, acquisition and utilization of rights, utilization of patent information in R&D • Seminars for SMEs and Venture companies to help them in utilizing IP as a business tool. • Seminars for developing IP experts such as venture capitalists and management/technology consultants (licensing agreements, joint research, responding patent disputes) • Briefing sessions for dissemination and raising IP awareness of IP for beginners to IPR users in industries, briefing sessions on the Revisions of Law
IP education/awareness- Japanese Government’s efforts…contd. • Measures against counterfeiting and piracy • Anti-counterfeiting campaigns advocating education activities through commercial messages and posters to prevent buying of counterfeit products • Preparation of manuals on measures against counterfeit activity for distribution to private enterprise • Preparation of booklets and leaflets on counterfeit products to educate general public • Cooperation with domestic enforcing agencies, police and customs by responding to their inquiries • Providing IPDL services to customs and police Deptts for checking the registration of rights. • Dispatch of instructors form JPO to seminars for customs officials
Activities of Various Organizations in Japan Involved in IP Training, Research and Awareness Associated with facilitation functions of JPO in national development perspective (JIPA, JPAA, JIII, APIC, IIP, AIPPI-Japan) • JIPA- Association of Industries (1178 members) • Training programs aim at Member’s employee to meet Members companies’ need • Structured committee on various IP related issues for conducting research on IP from the user’s perspective. • JPAA- Governing organization of Patent Attorneys • Own education Institute for training of attorneys and trail attorneys under the Rules of JPAA • Central Research Institute of IP for research into domestic and foreign issues of IP and patent attorney issues
Activities of Various Organizations in Japan Involved in IP Training, Research and Awareness…contd • JIII – Oldest (more than 100 years) organization • Largest organization for encouraging invention, enhancing original ideas, diffusion of IP system • Trainings programs mainly for private enterprises • Conducts research on use of IP system by small corporations. • APIC – Established under JIII • Involved in development of human resources by providing training mainly to nationals of Asia-Pacific Region • IIP& AIPPI-Japan • Conducts research on common issues and basic problems of IPRs as well as various important national and international IP related issues.
University Industry collaboration • Threat to Japanese economy due to recession of 1990 (collapse of bubble economy) • Universities seen as key resource for innovation and a possible solution to stagnation. • Govts effort for promoting industry-academia collaboration • Basic Plan of Science and Technology (1996) • Stressed the importance of promoting Industry-academia collaboration • TLO Law - 1998 • Law on special measures of Industrial revitalization (Japanese Bayh-Dole Act) - 1999 • National University Corporation law - 2006
University Industry collaboration….contd • Govt (JPO/INPIT) support for universities from invention creation to technology licensing • IP Advisors (for supporting establishment of IP management structure) • Seminars (strategic filing of application, acquisition of rights, use of patent information in R&D) • Accelerated examination • Reduction./exemption on examination request fee and annual patent fee) • Exemption from the lack novelty (for universities designated as academic groups) • Patent licensing advisors • Free access to patent license database (around 59, 000 licensable patents)
University Industry collaboration….contd. • IP strategy of Universities – Tokyo Tech • Mainly two types of research programme (CR &SR) • Focuses on collaborative research with industry • Office of Industry Liaison –One stop service for IP management and industry liaison activity (combined the function of IP management office and TLO) • 15 Licensing coordinators for licensing of technology, making collaborative research with industry • Achievements: • SR (from 214 in 2200 to 294 in 2007) • CR (from 114 on 2000 to 422 in 2007) • Inventions reported (286 in 2000 to 312 in 2007)
University Industry collaboration….contd. • Patents (domestic) applied (117 in 2000 to 217 in 2007) • License assigned (17 in 2000 to 26 in 2007) • Amount of license ( 21.7 m yen in 2000 to 61.6 m yen in 2007) • Result of questionnaire survey of Industries (23 companies) on licensing activities: • Only 13% companies received advise of patent licensing advisors and only 7% benefited from their advice • Only 7% companies have licensed patent rights ( <5 )from universities • No successful commercialization and significant contribution of licensed IP right to annual profits • 70% companies favoring promotion of IPR technology transfer from universities. (It appears that universities need to focus their research based on industry needs)
Questionnaire survey of Japanese Industries to asses IP awareness level, activities for IP training & awareness and licensing of IPRS from Universities.
Questionnaire to Indian Industries A questionnaire on similar lines was also sent to Industries in India through two industry associations so that a comparative study could be made between the industries in India and Japan regarding their activities in the areas of IP training, awareness and licensing of IPRs. Unfortunately no response has been received from Indian industries.
Outline of the Presentation Background information Research study Research analysis Recommendation
Recommendations 1. Developing examiners • Government should constitute a training committee within the IP office to look into various training needs and to design suitable training programs required as each stage of their career. • Training should be made a continuous process, not an occasional activity, to acquire necessary skills and to learn latest developments in the field of IP. • Examiners of IP Offices should be given opportunities to learn most advanced technology that is used in R&D by imparting training at private enterprises as increasing number of applications are being filed in newer areas of technology due to advancements of science and technology. • Examiners should have the flexibility of getting training at domestic research institution, universities, private enterprises etc for practical training on specialist skills.
Recommendations…contd. 2. IP Education/Awareness • IP Textbooks introduced by JPO to teach basic knowledge and practical skills of IP in educational institutions may be considered by the government as a reference material for introducing IP education in schools, colleges and universities in India. • To increase and propagate public awareness of IP, electronic and print media should be utilized as an effective tool. Live discussions on various IP rights and their importance for economic development should be organized with the participation of reputed personalities in the respective fields. • For developing creative minds and to promote awareness of IP among school children, invention/innovation fairs, prize shows should be organized to encourage a culture of innovation and respect of IP from the young age. • Workshops/Seminars for SME sector with the proper support of IP offices to encourage them to adopt IPRs as a part of their business strategy to face the challenge of globalization and enhance their competitiveness.
Recommendations…contd. • Since counterfeiting and piracy is a continuing problem, it is important to inculcate young minds so that they can develop a sense of respect for originality from a young age. For this small workshop, lectures, presentations should be held at schools and college with the help of industry associations to educate them to value originality and to avoid counterfeit products. • Border Control by Customs is an effective tool to combat counterfeiting and infringement of IPRs. Proper support and help in terms of checking of registration of IP rights, distinguishing counterfeiting goods from the genuine one and other supports which may be necessary for effective border control should be provided to custom authorities by the IP Office.
Recommendations…contd. 3. Developing University-Industry collaboration • India has one of the largest higher education systems. More than 350 universities and institutions of higher learning. Universities should be used as a big supplier of IPRs especially patents by utilizing them as centers for innovative activities. • Universities should focus their research based on the need of the industries. • Legislation similar to Bay-Dole Act should be promulgate to encourage university researcher for innovative activities which will allow them to own IP rights generated from Govt. funding and the resulting incentive in terms of royalty sharing. • There is no institutional mechanism like TLOs/TTOs in India for transfer of Technology that could help university researchers protect and exploit new innovations. Such Offices should be set up through the UGC, as one administrative unit under the control of university or as a separate center with proper legal entity, with adequate financial support.
Recommendations…contd. • IP office should hold seminars for University researchers providing information on use of patents information while designing research themes, strategies applications filing, acquisition and utilization of rights. • Government should consider decreasing or even exempting the state fee for patent application for university generated inventions and subsequent annual patent fee on grant of patent for the patent applications filed by the universities to encourage IP activities at universities. • A database of licensable patents owned by universities and public research institutions should be developed to enable industries to get easy access to their patents available for licensing. This database may also include licensable patents of the companies. This database may be made available to the public through the website of IP Office.
“Small differences in IP strategy sometimes make a big difference in the competitiveness of a State” Quote from Mr. Hisamitsu Arai’s most recent book titled “Intellectual Property Revolution”
