The document discusses best practices for integrating intellectual property (IP) policies into innovation policies. It summarizes that historically, IP and innovation policies have been separate, resulting in systemic failures and lack of awareness about IP issues in the innovation world and vice versa. Three potential good practices are outlined: 1) Focusing support on a select few high-impact patents/technologies rather than maximizing applications. 2) Collaborating with business support agencies to attract customers to patent search services, rather than waiting passively. 3) Developing sectoral policies that tackle challenges through innovation and integrated IP management, like Botswana's policies targeting energy through technology development. Overall, the document advocates analyzing problems carefully, using broader concepts of innovation and IP
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1. Examples of good practices in integrating IP into
innovation policies
…or better: The ‘disease’ of hunting best practices
Alfred Radauer (Senior Consultant, Technopolis)
African Conference on the Strategic Importance of IP Policies to Foster Innovation
Dar-Es-Salaam, March 12/13, 2013
2. 2
Some words on innovation policies (I)
• An important milestone in innovation policy is the replacement of
earlier models of (linear) innovation by the systemic view of
innovation
à collaborations and relationships between actors participating in
the development of innovations are now more in the focus of policy
makers (‘systemic view’)
à The study of innovation systems has led, as historic trajectory, to
include certain sets of actors as “typical” parts of the innovation
system.
3. Some words on innovation policies (II)
3
Source: Stefan Kuhlmann and Erik Arnold, 2001
4. Some words on innovation policies (III)
• Innovation policy can happen at different levels
• At the level of overarching country-wide policies
• At the level of sector policies (health, agriculture, transport,…)
• At the level of individual institutions (universities, firms, etc.)
• At the level of support programmes and (intermediary) services
• At the individual RTDI project level
à Each level will carry its own IPR components and corresponding
IPR policies
4
5. Some words on innovation policies (IV)
• Three other important trends to consider
• There is an increasing trend, based on observations of successful
innovations, away from the notion of purely technological innovation
à Innovations can be of different types such as service sector, public sector,
organisational, or – perhaps most importantly – business model
innovations
• IPR is increasingly recognised as being more than just patents
à There is a whole range of IPR to consider from formal IPR like patents,
trademarks, GIs, designs and copyrights to informal IP such as trade
secrets
• There is an increasing trend and expectation from the policy side that
innovation should solve societal (grand) challenges
à Rationale for the design of new types of policy intervention such as in the
European “Horizon2020” programme
5
6. Expectations regarding IP policies as part of innovation
policies...
• One would expect many attempts and many strong examples of how
IP policies can be integrated into innovation policies at various levels
• Reasons
• In fact, IPR (or, more precisely, the patent system) is seen as one of the
earliest attempts to foster innovation
• IPR and its management are important means in making innovations
commercially successful
• IP management/policies are hence an integral part of innovation
management/policies
• There is institutional “ownership” of the topic (IP offices)
• There is an increasing supply of various types of IPR services (grants for
IP filings, trainings, awareness raising, search services etc…)
à Several studies looking for best practices, such as for supporting SMEs
in the field of IPR, e.g. in EU-27, the U.S., Japan, Switzerland, Germany,
South-East Europe and Central Asia paint a different picture...
6
7. ..are hardly met in practice in any country
• The IPR world and the innovation policy world are in most
countries separated universes which hardly talk to each other
• The main reason is historical:
• Innovation policies focus on technological R&D issues and
institutions
• Patent offices are traditionally only administrative bodies for
gauging patent and other IPR applications
• From the point of view of innovation policy makers, IPR appears
• As a mostly poorly understood metric to measure innovation
performance (i.e., patent counts)
• As a topic for technology transfer from universities to industry, also
often badly understood
• As a (legal) “framework” condition
7
8. The result is very similar in many countries...
8
Single SME
National R&D funding agency
-R&D grants
-Thematic programmes
National business/technology funding agency
- start-up support
- business growth support
- innovation support programmes Regional funding agency
- Start up support
- business growth support
- Innovation support programmes
Chamber of commerce
-Consultation & information
- training
Private Consultants
- support in anything
Patent Office
-Associated with filing of patents
PIC or TTO
Patent attorney
University
Innovation/RTDI suppport
IPR support
9. Consequences...
• The consequences are manifold
• Systemic failure IPR support and innovation support from two
different sources as opposed to one integrated source
• Considerable difficulties of patent and IP offices to reach out to
customers, e.g. SMEs
• Lack of awareness of IP issues in the innovation policy world leads to bad
IP management and misguided expectations regarding IPR
• Lack of awareness and good practices of the innovation system world in
the patent/IPR office world (e.g., in terms of evaluation practices)
• Lack of educational offerings in the field of IPR
• Lack of IP experts in the field
à Because of these challenges there are hardly any best or even good
practices
à Careful and differentiated look at “best practices” in other countries is
needed
9
10. “Best practices” revisited
• A look at best practices by a policy maker should be preceded
• By a thorough understanding of what the problem is you want/need
to solve
• By a through recognition of the various institutional specifics and
restrictions in your countries
• Possible main needs to consider for African countries may lead to
very different practices than in developed countries
• Inward channel: Adoption of foreign technology
• Inward channel: Access to reasonably priced medicine
• Outward channel: Protection and appropriation of own innovations
nationally and internationally
• If „best practices“ are adopted, they should not usually be 1:1
copies
• Individual context hardly considered
• Perhaps superficially a success, in the substance mostly a failure
10
11. Good practice Nr. 1 – How to deal with patents and
technological innovations
• Bad practice: Implement an innovation policy that looks to
maximise the number of patent applications
• Good practice: Focus on select few patents/technologies and try to
give them best support
• Example of Czech Republic – Institute of Organic Chemistry and
Biochemistry at Czech Academy of Sciences
• Development of most effective drug in HIV treatment to date
• Licensed to U.S. firm Gilead
• Licensing income of € 46 Mio. is significant revenue stream for the whole
academy and also for the Czech Republic
• Example of Bioresources Development and Conservation Programme
in Nigeria
• Capitalising on THP (Traditional Healing Practices) and entering JV with
U.S. pharmaceutical firms (Source: WIPO)
11
12. Good practice Nr. 2 –
Implement patent/IP search services
• Bad practice: A (small) patent office implements a patent search
service and waits for customers
• Good practice: Collaboration with other business intermediaries to
attract customers
• Example: Dutch IOI programme
• Collaboration between patent office and a business support/innovation
agency
• Trained members of business support agency signpost, where necessary, to
patent office service and patent office places some staff at business agency
• Feasibility for African countries
• Are there enough potential customers?
• Is there a sufficient number of well equipped and trained members of staff?
à Possible option: One well-equipped office centrally serving a larger region/
multiple countries?
à Possible area for technological innovations: access to patent information
services via mobile phones?
12
13. Good practice Nr. 3 – Integrating innovation, IP policies
and sectorial policies
• Bad practice: IPR and innovation policies are isolated from each
other, and both do not address sectoral needs
• Good practice: IPR and innovation policies are part of sectoral policies
which tackle country-wide challenges
• Example for a good concept: Botswana Technology Centre (Source: WIPO)
• Established in 1979 with the goal to transform Botswana into a globally
competitive nation and operating under the government
• Research, development AND Commercialisation AND use of
technological solutions in specific sectors that tackle the problems of the
country (e.g. in the energy sector: development of solar power
technologies used in powering local schools, hospitals,…)
• Integrated approach to IP
• Collaborations with foreign NGOs and research institutions
• Areas that hold huge potential for sectoral policies: agriculture,
health, ...
13
14. Lessons learned: Elements of good practice
• Careful analysis of individual problem and possible means to solve
them
• Use broader concepts of innovation and IPR
• Realistic assessment of restrictions
• Pool scarce expertise and make IP professionals talk to members of
the „classic“ innovation system
• Invest in IP education
• Find the gold nuggets in terms of technological innovations
• Foster sectoral policies which tackle specific country needs and
integrate innovation and IP policies accordingly
14
15. 15
Thank you
For further questions, please contact
alfred.radauer@technopolis-group.com
technopolis |group| has offices in Amsterdam, Ankara, Brighton,
Brussels, Frankfurt/Main, Paris, Stockholm, Tallinn and Vienna