WIPO SMEs NEWSLETTER August 2008
By the
SMEs Division of the World Intellectual Property Organization (WIPO)
WIPO SMEs Newsletter is a monthly
e-publication providing readers with useful intellectual property information
contained in articles, case studies, forthcoming IP/SMEs relevant events, and
published presentations featured on our web site. We hope you will
find it useful and informative. We encourage you to share the
newsletter or items of interest with friends and colleagues. For
past issues and information on the activities of the SMEs Division, please visit
http://www.wipo.int/sme
.
NEWS
National Intellectual Property Strategy of the
People's Republic of China
This translation is based on
the policy issued by the State Council of the People’s Republic of China on June
5, 2008. The policy has a major focus on enterprises and “market
entities,” as is evident from the following quotes:
In para I (3) it states
that:
The capacity of market
entities to utilize intellectual property is not very strong ;
In para II (7), which deals
with "Goals for the next five years", it states that:
The benefits of utilizing
intellectual property rights (IPRs) will be increased significantly and the
proportion of products rich in IPRs should grow significantly. Enterprises
should make progress in improving their system for managing intellectual
property, invest more in the area of intellectual property and significantly
improve their capacity to utilize intellectual property in market competition. A
number of preponderant enterprises with famous brands, core intellectual
property and rich experience in utilizing the intellectual property system will
emerge.
In para III (11) it states
that:
We need to guide and support
market entities to create and utilize intellectual property through the use of
policies related to finance, investment, government procurement, industrial
development, energy and environmental protection.
In para III (12) it states
that:
We need to encourage
enterprises to be the principal entity in the creation and utilization of
intellectual property.
In para IV (22) it states
that:
Support enterprises in
carrying out their trademark strategies and encourage them to utilize their own
trademarks in business activities. Enterprises should be encouraged to enrich
the meaning of their trademarks, increase the added value and improve the
reputation of their trademarks, and establish their well-known trademarks.
Enterprises should also be encouraged to register their trademarks overseas, to
protect rights and interests in their trademarks, and to participate in
international competition.
In para IV (23) it states
that:
Make full use of trademarks
in the industrialization of agriculture. Market entities need to be helped to
register and use their trademarks to improve the quality of their farm products,
ensure food safety and raise the added value of their farm products and their
competitiveness on the market.
In para IV (25) it states
that:
Assist the development of
copyright-related industries such as the press and publication, radio, film,
television, literature and the arts, cultural entertainment, advertising design,
arts and crafts, computer software and information networks.
In para V (40) it states
that:
Establish a market-oriented
system for the creation of self-relied intellectual property with enterprises as
the backbone of the system and manufacturers, universities and research
institutes as close cooperation partners. Enterprises need to be guided to
search intellectual property information before starting their own research and
development projects or business operations. Enterprises need also be supported
in their efforts to form the self-relied intellectual property and strengthen
their capacity to transform innovations into intellectual property through
original innovation, joint innovation and secondary innovation based on imported
technologies. Enterprises as well as other market entities should also be
encouraged to obtain intellectual property overseas. Enterprises need to be
guided to change the way they compete , improve technological innovation, raise
the quality of their products and services and create their own well-known
brands.
In para V (41) it states
that:
Guide more innovative
elements towards enterprises, support the commercialization of innovations made
by high(er) education institutions and research institutes to enterprises,
stimulate the application and industrialization of intellectual property in
enterprises, and shorten the time for applying it in industrial production. We
need to launch various kinds of pilot or demonstration projects for intellectual
property, and to improve the overall capacity to utilize intellectual property
and handle competition in intellectual property.
In para V (42) it states
that:
Encourage and support market
entities to improve their management systems for technological data and trade
secrets, and to establish a value assessment, a statistics and an accounting
system for intellectual property. They are also encouraged to work out an
information search system for intellectual property and an early-warning system
for major events, and improve the system for administration of intellectual
property in foreign cooperation.
In para V (43) it is states
that:
Encourage market entities to
actively respond to intellectual property infringements and lawsuits in
accordance with law, and to improve their capacity for handling intellectual
property disputes.
In para V (44) it states
that:
Legislation needs to be more
transparent, and more channels need to be available for enterprises, industrial
associations and the public to participate in legislation.
In para V (56) it states
that:
Strengthen the role of
industrial associations and support their intellectual property work, promote
intellectual property information exchange and organize a joint effort to
enforce IPRs. The government should strengthen its supervision and guidance in
the intellectual property work of industrial associations.
In para V (58) it states
that:
Develop commercial
intellectual property information services to meet the demands of all relevant
parties for intellectual property information. All sectors of society are
encouraged to invest in the development of intellectual property information and
enterprises are encouraged to participate in the development and utilization of
intellectual property information with potential added value.
In para V (60) it states
that:
Set up national education
bases to train intellectual property professionals. The training of senior
intellectual property tutors needs to be accelerated. A sub-discipline program
on intellectual property should be set up and the higher education institutions
which meet the requirements are supported to establish programs for conferring
intellectual property master's and doctor's degrees. Large-scale training
programs need to be organized to train all types of intellectual property
professionals, focusing on training of urgently needed management personnel and
personnel to provide intermediary services involving intellectual property.
In para V (61) it states
that:
Work out training plans to provide
comprehensive training on intellectual property to Party and government leaders,
civil servants, managers of enterprises and institutions, technical and
professional staff, writers and artists, and teachers.
More
Intellectual Property Office of the Philippines
to Replicate the CDROM of the IP PANORAMA™ Multimedia Toolkit
The
Intellectual Property Office of the Philippines will have the CDROM replicated
locally for its free distribution; see the
attached
agreement. Should any other national
Intellectual Property Office, Copyright Administration/Collecting Society, or a
credible SME support/training institution, anywhere in the world, wish to do so,
please send your request to Mr. G.S. Jaiya, Director, SMEs Division, WIPO at
guriqbal.jaiya@wipo.int.
ARTICLE
Role of Intellectual
Property in Enhancing the Competitiveness of the Tourism Industry
This well illustrated article by Tamara
Nanayakkara explains the contribution made by the different types of
intellectual property rights in enhancing the competitiveness of the various
enterprises and entities comprising the tourism industry of a country.
More
LINKS
Intellectual Property Strategy and Best
Practices for R&D Services in China
This article
by Fred Greguras outlines China’s IP infrastructure and makes practical
recommendations for investing in research and development centers in China.
More
A CEO’s Guide To IP: How To Use
Intellectual Property To Drive Business Strategy
This article
by Jeffrey Maddox focuses on why IP is important for executive management to
understand and what IP can do for them. It also explains the basic concepts of
IP from the perspective of business strategy, and provides a list of ten
questions that every CEO should ask to make IP work for them.
More
The Emergence of Openness: How Firms Discover
Free Revealing as a Means to Appropriate Value
This paper by
Joachim Henkel and Simone Käs analyzes, based on a questionnaire survey, the
reasons for the transition of business strategy from ‘closed’ to ‘open’.
The survey focused on the ‘driver software industry’, which uses the
Linux operating system. The study notes that openness provides a new degree of
freedom in managing intellectual property.
More
Industry Collaboration: A New Era of Open
Innovation
This article
explains the basic concept and major characteristics of Open Innovation in
relation to Intellectual Property Rights.
More
Creativity and Intellectual Property in
Advertising Industry: A Case Study from Turkey
This paper by Ozlem Kacar Akman and Burhan
Can Karahasan discusses the protection of the creative ideas and the creators of
advertising work in line with the legislative and institutional environment of
Turkey. Presenting the overall picture of the advertising industry and major
characteristics relating to IP in Turkey, it points out that the work of
advertising sector is not specified clearly in the Law on Intellectual and
Artistic Works. It proposes to take new steps towards the identification of
advertising output in the legislative framework.
More
Navigating Trademark Consent Agreements
This article
by Jeremy J. Thornton explains the merits of trademark co-existence agreements,
which allows the owners of potentially confusing trade marks to continue to use
their marks without a likelihood of consumer confusion. It provides guidance
concerning the precautions that should be taken before entering into a consent
agreement.
More
Australian Federal Court Sets Innovation Patent
Threshold
This brief by Peter Ollier refers to the
recent decision of the Australian Federal Court the clarifies the difference
between an ‘innovative step’ and an ‘inventive step’ for protection under the
innovation patent system introduced in 2001.
More
For Perfumes, Synthetics Smell Sweeter
This article by Chandler Burr highlights
the importance of patents to protect the molecules known as ‘captives’ which are
responsible for enticing consumers to buy the six hundred or so new perfumes
introduced every year and are also used in products like soaps, detergents and
air fresheners.
More
Protecting Trade Secrets
This article by Paul A. Tedsco shows what
kind of security model beyond the basic data oriented security model should be
established in the networked business environment in order to prevent any
inadvertent loss of trader secrets.
More
FORTHCOMING EVENTS
Sixth Annual WIPO Forum on Intellectual
Property and Small and Medium-sized Enterprises for Intellectual Property
Offices and Other Relevant Institutions in the OECD Countries (Cardiff, Wales,
September 10 and 11, 2008)
The World
Intellectual Property Organization is organizing, in collaboration with the
Welsh Government Assembly, the Sixth Annual Forum on Intellectual Property and
SMEs for IP Offices and relevant institutions in the member countries of the
OECD. The Forum will be held at the Wales Millennium Stadium, Cardiff, on
September 10 and 11, 2008. The Forum (Program is attached) is open only to
Intellectual Property Offices and relevant Institutions. Participants, or their
sponsoring institutions, have to finance fully their travel and accommodation
costs to attend the Forum. Those interested in participating in the program may
contact Mr. Marco Marzano de Marinis, SMEs Division, WIPO (e-mail:
marco.marzano@wipo.int).
More
WIPO-ICC Intellectual Property Training
Workshop for Chambers of Commerce
And Other Business Support Organizations (WIPO
Headquarters, Geneva, Switzerland, September 15 and 16, 2008)
The primary
objective of this seminar is to provide practical knowledge to the participants
on the role of Intellectual Property in a business and to discuss IP capacity
building activities by business support institutions, especially chambers of
commerce. The
program
(attached) is meant for private intermediary organizations interested in IP and
innovation issues, chambers of commerce, trade institutions and other SME
support institutions, owners and managers of SMEs, entrepreneurs, etc. There is
no participation fee. The participant or his/her sponsor will have to fully
finance the travel and accommodation costs in Geneva to participate in the
program. Selection of participants will be done essentially on a
first-come-first-served-
time) on September 7, 2008. The
request
(attached) has to be sent by fax 0041 22 338 8760 or e-mail
SME.MAIL@WIPO.INT
to WIPO.
More
WIPO Arbitration Workshop, Geneva,
October 21‑22, 2008
Arbitration is
a procedure in which a dispute is submitted, by agreement of the parties, to one
or more arbitrators who make a binding decision on the dispute. In
choosing arbitration, the parties opt for a private dispute resolution procedure
instead of going to court. The WIPO Arbitration and Mediation
Center will offer an Arbitration Workshop in Geneva on Tuesday, October 21 and
Wednesday, October 22, 2008. This Workshop will provide intensive
basic training of a practical nature for party representatives in arbitration
and for arbitrators, as well as others wishing to familiarize themselves with
the international arbitration process. The training, which will be
conducted by experienced international arbitrators, will focus on the main
principles of international commercial arbitration law and practice, with
particular reference to the practical application of the WIPO Arbitration and
Expedited Arbitration Rules in intellectual property and technology disputes.
More
NOTE:
The SMEs Division welcomes voluntary
contributions of articles, case studies, news items, useful links and relevant
information concerning forthcoming events of interest to entrepreneurs and SMEs
for inclusion in future issues of this newsletter; contributions may be sent by
email to
sme@wipo.int.
If you have received this newsletter
from someone and would like to subscribe yourself, then simply send an e-mail to
sme@wipo.int
with "subscribe" as the subject, and indicate your language preference (English,
French, Spanish, Arabic, Chinese or Russian).
