Raising IP Awareness
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Transcript Raising IP Awareness
Raising IP Awareness
Module 6B
Selling the message
Contents
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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competitors is out-of-date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
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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
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"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
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http://www.proinno-europe.eu/admin/
uploaded_documents/BenchmarkingReport-SME.pdf
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http://www.kmuforschung.ac.at
(Alfred Radauer)
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For copies contact Lisbeth Bahl-Poulsen
[email protected]
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
How to promote consideration of
IP in the strategy of SME/SMI?
The case of:
IEEPI in France
WP4: Module 6B
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:
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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 Approach
Principle: 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:
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Duration: 30 to 45 minutes
Intermediaries:
by profession: professional unions or sectors
by geographical area: chambers of commerce and
industry, employers' associations, directors’ clubs…
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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
Conclusions
Lengthy 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.
2. It is important for an SME to protect its IP:
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 EUfunded research projects
3. Geographically, an SME must 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
4. For SMEs, IP is more important nowadays
than in the past:
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.
5. A strong IP rights portfolio raises the
commercial value of an SME:
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
6. Once an SME has protected its
knowledge by IP rights:
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
7. An SME that seeks general information on
IP:
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
8. Innovative SMEs can find support only at
national level:
a)
b)
c)
d)
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
True, practically all activities for the support of
innovative SMEs are carried out at national level
True, by nature SMEs are not destined to transnational
cooperation activities
True, the European Commission has clearly stated that
SME support shall be provided exclusively at national
level
9. Only high-tech SMEs can participate in
EU-funded projects:
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.
10. In order to obtain information on SME
participation 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
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
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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