Management of Intellectual Property Rights in Countries in Transition and Relevant WIPO Studies for Countries in Transition

Budapest, April 15 and 16, 2013

Mr.  Michal Svantner, Director, Department for Transition and Developed Countries, WIPO

Specific featuresof Countries in Transition

Specific features:

lower IP awareness inadequate in comparison with the growing performance of the industry and export of the products

high cost of international protection of IPRs low awareness of legal aspects at research institutions, universities as well

as within the business sector lack of qualified mediating entities such as technology transfer agencies and

IP/licensing agencies level of economic development and place in the world economic sharing lack of match between business and technology needs EU component enforcement issues

Key Challenge

to promote the use of the IP system by stimulating innovation and creativity

for sustainable economic development

with particular focus on the need

to establish a market economy order,

to meet its requirements in a transparent way and

respect for Intellectual Property in an effective manner

Background WIPO Studies

Heads of the IP Offices of the Visegrad countries in early 2007

During the Strategic Planning Meeting in July 2007 in Moscow

Reconfirmed in Ljubljana at the Strategic Seminar for the Use of IPRs for Development in November 2007

Interregional Symposium on the Use of IPRs Involving Modern Management Methods, Tashkent, January, 22 to 24, 2008

WIPO Studies

Guidance for Elaboration of IP Strategies Management of Academic Intellectual Property and Early Stage Innovation Special Features of the Copyright Systems Nation Branding in Countries in TransitionEnforcement of Intellectual Property RightsRecommendations on Strengthening the Role of Innovative SMEs in CIS countriesIP Teaching in Countries in TransitionEconomic Aspects of IP in Countries in TransitionTraditional Knowledge in Countries in TransitionDigitalization of Intangible Cultural Heritage in Countries in Transition

Guidance for Elaboration of IP Strategies

One of the priorities of DCEA activities is to provide support to our Member States to enable them to assess the case for creating a national Intellectual Property (IP) Strategy and how to relate that to the Government’s economic, development and cultural strategy in relation to creativity and innovation.

What is the Desired Outcome

To create an environment in which Intellectual Property enables innovators and creators to lever economic value from their work and enhance the economic success of the country to the benefit of its businesses, researchers, creators, and society as a whole and to strengthen economic competitiveness.

Management of Academic Intellectual Property and Early Stage Innovation in

Countries in Transition

Identification of legal and institutional elements of the early stage innovation systems, including existing innovation and IP laws, role of central innovation promotion bodies, incubation parks, etc.

Identification of the best practices and their comparison with practices in other countries

Creation of a model for the early stage management of academic IP

Follow-up : Model IP Policy for Universities

Background

Requested by certain countries during the Inter-regional Consultation on Management of Academic Intellectual Property (IP) and Early Stage Innovation in Countries in Transition, Budapest, October 27 and 28, 2010

It is expected that the results of the Model Intellectual Property Policy for Universities and Research Institutions in Countries in Transition will promote and stimulate universities to elaborate their own IP policies.

Objectives

Facilitate the efforts of Universities to elaborate their own IP policies, concerning the rights related to the protection and exploitation as well as the obtainment and transfer of intellectual products, and the manner of determination of the author's share in the fees and other revenues arising from the exploitation of the product, as well as enhancing the moral acknowledgement of authors.To identify the legal and institutional elements of the early stage innovation systems (such as innovation and IP laws, roles of the central innovation promoting bodies, IP policies, TTOs, licensing activities, spin-offs, incubation);To benchmark the best practices in comparison with those of the developed countries;

Objectives – cont.

To describe a feasible model for the academic intellectual property in countries in transition, including management methods and protocols for the processes;

To provide legal embodiment of IP managements & technology transfer (references to innovation acts, university IP policies);

To facilitate the efficient evaluation and maintenance of records on the intellectual works created by the researchers and faculty, as well as other persons falling under the scope of these regulations of the University in the course of their research activities.

The need for an IP policy at research institutions

To safeguard the University's overall interests in managing collaborative research activities and innovation transferSignificant benefits can be generated through R&DThere are several stakeholders in the R&D process each of them contributing to the generation or exploitation of IP. These include:universitiesresearchers/inventorsstudentsresearch sponsorsindustrial partnersmediator organizations (TTOs)organizations exploiting University IP (licensees)investorsothers.

Special Features of the Copyright Systems of Countries in Transition

Research/overview on the following issues/situation in countries in transition:

State administration of copyright (governmental tasks and organizational structure, including relevant provisions in the copyright laws).Adherence to, and implementation of, the 1996 WIPO Internet treaties and the related provisions in national legislation.Provisions of the copyright laws on original ownership of rights (in particular as regards works created by employed authors) and on the issue of transferability of economic rights.Legislative regulation of copyright contracts.Collective management of copyright and related rights and the regulation thereof in the copyright laws. Two researches are readyFollow-up: Chapter on Enforcement of Copy Rights in the Digital online Environment

Components

Adaptation of the Copyright Laws of Countries in Transition to New Technologies; Accession to, and Implementation of, the WIPO “Internet Treaties”

Typical Features of Copyright in Countries in Transition: Review of the Transition Process – Guidance for Its Completion Where It May Still Be Needed

Case Study – Chapter on Enforcement of copyright, in particular, in the digital online environment

Nation Branding in Countries in Transition

Development of methods for identification of the country image on foreign markets

Identification of basic practices for creation of national brands

Establishment of main types of cooperation between national governments and private sector in creation and improvement of the external country image

Enforcement of Intellectual Property Rights in Countries in Transition

Development of methods of determination of the piracy and counterfeiting in the country

Identification of areas where enforcement is insufficient

Development of model legislative provisions on enforcement of IPRs for incorporation into national laws

Further development of the national systems of enforcement, development of coordination and interaction among law-enforcement bodies, courts etc.

Recommendations on Strengthening the Role of Innovative SMEs in Commonwealth of Independent States (CIS countries)

Intended for the CIS countries

Need to strengthen the role of SMEs innovation enterprises in the economic development of society

General characteristics of the role of SMEs innovation enterprises in the economic development of CIS countries

Measures to strengthen the role of SMEs

IP Teaching in Countries in Transition

Targeted to provide for an effective education in IP at relevant levels. It is expected that the results of this project will further shape the institutional practices in different government agencies and universities

Identifying, among others, the current situation regarding IP teaching in the countries concerned

To benchmark the best practices in comparison with those of some developed countries

Web project to be launched shortly

Tool on Economic Aspects of IP

Inter-Regional Workshop on Economic Aspects of IP held in Lviv, Ukraine, February 2011

1st brainstorming of experts of the our region on the needs and expectations on the development of this Tool, identifying the key topics to focus on

Possible contribution of IP to national development, revenues, income

WIPO has started the development of the new Tools tailored to the specific needs of the Countries in Transition:

1. Tool on Traditional Knowledge in Countries in Transition

2. Tool on Digitalization of Intangible Cultural Heritage in Countries in Transition

Conclusion

WIPO has been and will continue to play a

major role in supporting

elaboration and implementation of IP Strategies, policymaking, legal reforms,

participation in international standard setting

in countries in transition.

Thank you for your attention.

Michal SVANTNER

Director

Department for Transition and Developed Countries,

World Intellectual Property Organization

e-mail: michal.svantner@wipo.in

http://www.wipo.int/dcea/en/

Tel.:+41-22-338 8046

Fax: +41-22-338 8110