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					MODERNISATION OF I P OFFICES IN INDIA

   IDEAS FROM EXPERIENCE OF THE
        JAPAN PATENT OFFICE
            Outline of the Presentation
1.   Outline of the present study

2.   Modernisation of IP Offices in India

3.   Need for further Modernisation

4.   Study of IP Administration in JPO

5.   Role of Other Agencies

6.   IP Strategies of Japanese companies- Role of IP Office

7.   Use of Patent Databases- Role of IP Office

8.   Suggestions for Future IP Administration in India from the study of
     the Japan Patent Office

                                                                     2
           1.      Outline of the Present Study
The objective was to draw ideas and suggestions for
    modernisation of IP Offices in India by study of

(i)     IP administration of JPO and the role played by agencies
        associated with it;

(ii)    best practices adopted by JPO in IP administration and the
        measures taken for expeditious and quality examination; and

(iii)   the IP strategies of Japanese companies and the use &
        importance of patent databases for industry, researchers,
        inventors and other users.



                                                                      3
 1.        Outline of the Present Study (Contd…)
Analytical study of the role played by Japan Patent Office
    and other agencies in IP administration by collecting
    information through the following means:

(i)     questionnaires administered to JPO and companies;

(ii)    interviews with resource persons in JPO, various IP related
        agencies and companies;

(iii)   review of documents like annual reports, brochures, monographs
        published by Japan Institute of Invention and Innovation,
        literature on the website of WIPO and other agencies; and

(iv)    attending various expert lectures conducted at Asia Pacific
        Industrial Property Centre and weekly seminars at the Tokyo
        Institute of Technology, in addition to formal and informal
        discussions with resource persons in JPO, JIII and APIC .

                                                                      4
                     2.    Modernisation of IP Offices in India
                     Modernisation of IP Offices in India has the
                     following purposes:
                     (i) Meeting the International obligations
                                 Already met through new and modified legislations
                                 which are compliant with international agreements


                     (ii) Making the IP system - efficient, transparent and
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                        user-friendly

                     The focus of the initiatives has been on
                            –   Infrastructure development;
                            –   Computerisation;
                            –   Human resource development;
                            –   Training, public awareness and outreach programs.

                                                                                     5
                     2.   Modernization of IP Offices (Contd…)
                          The strategy so far


                                                  Infrastructure Development
                                                    Integrated Office Buildings
                                                       Networking of offices
                                                      strengthening of Library
                                                              facilities



                                                                                        Computerisation
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                                                       Modernisation                SW and DB back bone,
                          Training, Awareness &
                                                                                          Enable e-filing
                            Outreach activities              of                   Digitization or IP records, etc
                                                        I P Offices



                                                            Human
                                                    Resource Development
                                                      Recruitment of more
                                                       examiners as per
                                                         requirement




                                                                                                                    6
                                3.       Need for Further Modernisation
                     A.    Modernisation is a continuous process…

                     B.    The factors for India include,

                          1.   Growing economy and increasing number of applications;

                          2.   Increasing need to develop human resources, inside the IP office and
                               outside;

                          3.   ISA/IPEA requirements, technical, infrastructure, administrative,
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                               quality management, etc.;

                          4.   Need for comprehensive computerisation, for processing or
                               applications as well as for dissemination of IP information for public
                               use;

                          5.   Requirements for IP research leading to policy advice;

                          6.   Infrastructure development wherever required.


                                                                                                        7
                     3.     Need for Further Modernisation (Contd…)
                     Increasing numbers of applications: Patents and Trade Marks

                         140000
                         120000
                         100000
                          80000
                          60000                                                                                                       Moderate Growth
                          40000
                          20000
                              0
                                         -4              -5              -6              -7              -8              -9           -1   0
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                                     3               4               5               6               7               8
                              2   00          2   00          2   00          2   00          2   00          2   00               09
                                                                                                                              20
                         140000
                         120000
                         100000
                          80000
                          60000
                          40000
                          20000
                                  0
                                                                                                                                               Applica
                                    20 -2

                                    20 -3

                                    20 -4

                                    20 -5

                                    20 -6

                                    20 -7

                                    20 -8
                                   20 8-9

                                           0
                                        -1




                                                                                                                                               tions
                              01

                                      02

                                      03

                                      04

                                      05

                                      06

                                      07

                                      0
                                     09
                            20




                                                                                                                                               filed
                                                                                                                                                         8
                             3.      Need for Further Modernisation (Contd…)
                                                  New initiatives


                     The broad                                                                     For
                     contours of                                                                   elaborating on
                     the strategy                                                                  the broad
                     under                                    Infrastructure
                                                              Development                          contours, the
                     consideration                                                                 experience of
                     is to include           Policy advice
                                                                                 Comprehensive
                                                                                 Computerization   JPO’s IP
                     components                                                                    Administration
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                     such as IP                              Modernization
                                                                   Of
                                                                                                   is expected to
                                                               I P Office
                     Research                                                        HRD           be very
                                                                                 for in-house
                     and Policy               Intellectual
                                               Property
                                               Research
                                                                                   personnel,
                                                                                 stake holders
                                                                                                   valuable
                                                             Creating culture
                     Advice                                        of IP

                                                              Public awareness
                                                                Sensitization




                                                                                                              9
                               4.      Study of IP Administration of JPO
                     The IP administration of JPO has been studied under the
                          following heads:
                     (i)     Basic role as an IP Office;

                     (ii)    Computerisation and Use of Information Technologies;

                     (iii)   Human Resource Development;
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                     (iv)    Dissemination of IP Information;

                     (v)     International Cooperation;

                     (vi)    Awareness Creation;

                     (vii) Miscellaneous Activities.


                                                                                    10
                                   5.      Role of Other Agencies
                     The role of other agencies has been studied under two
                        broad categories:

                     1.   Associated with major functions of JPO as an IP Office (INPIT,
                          PAPC, IPCC, JAPIO, etc.);

                     2.    Associated with facilitation functions of JPO in national
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                          development perspective (JIII, APIC, IIP, AIPPI-Japan, JIPA,
                          JPAA, etc.);


                     The synergy developed by these agencies, with
                         complementary responsibilities, catered to expediting
                         the process of examination and also to dissemination
                          of IP system.
                                                                                           11
                     5.    Role of Other Agencies (contd…)

                           Support in           Support in Training and           Support through Research
                                                Dissemination Activities            and other Peripheral
                          Examination
                                                                                          Activities

                                    National Centre for Industrial Property
                                          Information and Training
                                                                                               IIP

                           JAPIO


                                                 JAPAN PATENT                            AIPPI- Japan
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                                                    OFFICE
                            IPCC



                                                                                            IIPPF
                           PAPC



                          SOFTIC                                                              JPAA

                                                                           JIII
                                                   APIC
                                                                                              JIPA


                                                                                                             12
                         4 & 5.              Role of JPO and Other Agencies

                     Ensemble of IP Activities
                                                                        Training of
                     A number of                                       Stakeholders
                                                                         and HRD

                     IP activities                        Support
                                                           in IP
                                                                        outside IP
                                                                          Office        Policy
                                                                                        Advice
                     like the ones                        Valuatio
                                                             n

                     indicated are            IP
                     taken care            database
                                             s for                                                       Research on
                                                                                                        emerging and
                     by various             public
                                              use
                                                                                                       interdisciplinar
                                                                                                        y issues of IP

                     agencies in
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                                                                       Ensemble of
                     Japan                                                 IP
                                                                        Activities
                                              Patent                                                     Awareness
                                           Information                                                 Creation stake-
                                             Analysis                                                  holders, public,
                                          (value added                                                  school level,
                                            Services)                                                        etc.




                                                                                      Help desk for
                                                         Database on                     industry,
                                                           unused                       inventors,
                                                           Patents                     universities,
                                                                        Technology    general public
                                                                          Transfer
                                                                       Guidance and
                                                                         assistance




                                                                                                                          13
                              6.      IP Strategies of Japanese Companies
                     The study of Japanese companies was to understand
                     (i)       Strategies that are commonly followed in Japanese companies;
                     (ii)      Collection and analysis of data on the basis of questionnaire;
                     (iii)     Case studies of
                             –    Astellas Pharma Inc.,
                             –    AIST;
                             –    Sanrio Company Ltd.,
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                             –    Schimadzu Corporation.
                     (iv)     Interaction between the IP Office and the companies.

                     The study has established two major issues that are to be taken
                           care of by the IP Offices:
                        (i) The need for dissemination of IP information through
                              databases and training programs;
                        (ii) The need to gather the user needs, perceptions about the
                              facilities provided by the IP Office.                   14
                     6. IP Strategies of Japanese Companies (Contd…)
                     Review of studies on the subject demonstrate the following general
                          strategies:
                     •    IP strategy integrated to overall business strategy;

                     •    Clear, quantified patenting objectives;

                     •    Number of applications as well as number of applications per investment
                          are high compared to comparable Western companies;

                     •    Major reasons for filing applications have been to Prevent counterfeit
                          goods (45%), Defensive filing (41%), Cross licensing advantage (10%),
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                          Other reasons (4%);

                     •    Traditionally averse to litigation but the attitude is changing;

                     •    Use of different techniques like patent map analysis to constantly
                          evaluate the applications of competitors’ patents;

                     •    Large IP Departments handling various activities;


                                                                                               15
                     6. IP Strategies of Japanese Companies (Contd…)
                     The case studies give good indication of the diverse IP strategies of
                       companies and the role of IP Departments, depending on the nature
                       of industry and the nature of rights owned by the company;

                     The proposal to collect data from a sample of Japanese and Indian
                       companies and to analyse their IP strategies against a common
                       platform could not be materialised. This could be a topic of future
                       research in order to make Indian industry to be more vigilant and
                       dynamic in protecting their own IP and avoid infringement on others.
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                     The interaction between JPO and the industry is a good example for
                       Indian IP Offices for assessing the user needs and the feedback on
                       the services provided by the IP Office.




                                                                                       16
                     7.       Use of Patent Databases

                          To demonstrate the importance of databases like IPDL
                          to be developed by other IP Offices, the topic has been
                          studied under the following sections:
                              •   Use of Patent information;
                              •   Analysis of Patent information;
                              •   Patent maps prepared by JPO;
                              •   Research studies based on Patent databases;
                              •   Shortcomings of using patent information.
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                     This has demonstrated width and breadth of use of the
                       databases by industry, researchers, inventors, other
                       users.
                     Therefore, the role of IP Offices lies in providing robust and
                          dependable databases with good search tools.
                                                                                 17
                         8. Suggestions for Future IP Administration in India from
                         the experience of the Japan Patent Office
                     Study of IP administration of JPO demonstrates many options for future
                        modernisation of IP administration in India.
                     A       The ideas that worked for JPO :
                                  – Examination - quality and quantity;
                                  – Human Resource Development;
                                  – Dissemination and Awareness Creation.

                     B       Other suggestions for IP Office modernisation and improvement of
                             services.
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                     C       The larger picture
                             • IP administration as a national priority;
                             • IP administrative reforms and strategic plans for IP Offices.

                     D       The IP Ensemble
                             • The IP activities that are to be addressed by one agency or the
                               other for best utilisation of the system for economic development.


                                                                                                18
                       8. Future of IP Administration in India (Contd…)
                     A The ideas that worked for JPO:
                        Examination- Quality and Quantity: Paperless system, Databases,
                        Special function agencies, steps for accelerated examination, QMS,
                        etc.,
                        Human Resource Development: Support for nationwide IP
                        education, Support for SMEs, TLOs, Universities, Exposure
                        available to JPO personnel, etc.
                        Dissemination: IPDL, Seminars, License promotion activities, etc.
                      The underlying spirit of JPO was well articulated by the
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                       former Commissioner of JPO in saying that:

                     “communication is fundamental if JPO is going to contribute to the
                        kind of society that is needed in the 21st century, and the JPO has
                        availed itself of a wide range of means to convey its thinking and
                        to get its information out, in line with calls for greater disclosure
                        and accountability”.

                         (Quoted from WIPO Publication “Intellectual Property Policies for the Twenty-First Century:
                               The Japanese Experience of Wealth Creation” by Mr. Hisamitsu ARAI (1999))
                                                                                                                       19
                           8. Future of IP Administration in India (Contd…)
                     B Other suggestions:
                        – A number of suggestions to enable the services of IP Offices in India to
                          be more user friendly, transparent and responsive to user needs;
                        – Examination: Subject-wise discussion groups, Accessing AIPN Services,
                          etc.
                        – Human Resource Development: Training cells, Lecture programs with
                          experts in the fields, exposure for examiners;
                        – Dissemination and Awareness Creation: Periodic newsletter by IP Office,
                          newsletter by IPTI, Information about facilitators of IP, a model is
                          suggested and annexed, publication of monographs, targeted
                          programmes, skill development for patent information analysis, etc.
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                     C The larger picture
                       IP as a national priority: Government of Japan, People’s Republic of China,
                       Romania, etc.
                       IP administrative reforms: USPTO, UKPTO, etc.

                     D Ensemble of IP Activities…


                                                                                             20
                       8. Future of IP Administration in India (Contd…)


                                                                     Training of
                     One agency                                     Stakeholders
                                                                      and HRD                                          I hope that the
                     or the other                      Support
                                                        in IP
                                                                     outside IP
                                                                       Office        Policy
                                                                                                                       ideas I gathered
                                                                                     Advice
                     has to take                       Valuatio
                                                          n                                                            from JPO will be
                     care of each          IP                                                                          very helpful for
                     of the             database
                                          s for                                                       Research on      incorporation in
                                                                                                     emerging and
                     activities in a     public
                                           use
                                                                                                    interdisciplinar
                                                                                                     y issues of IP    the
                     socio-                                                                                            modernisation
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                                                                    Ensemble of
                     economic                                           IP
                                                                                                                       plans of IP
                                                                     Activities
                     development           Patent
                                        Information
                                                                                                      Awareness
                                                                                                    Creation stake-    Offices in India.
                     scenario…            Analysis
                                       (value added
                                                                                                    holders, public,
                                                                                                     school level,
                                         Services)                                                        etc.




                                                                                   Help desk for
                                                      Database on                     industry,
                                                        unused                       inventors,
                                                        Patents                     universities,
                                                                     Technology    general public
                                                                       Transfer
                                                                    Guidance and
                                                                      assistance




                                                                                                                                  21
Thank you one and all for valuable
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                     Cooperation and guidance.




                                                 22

				
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