improving service delivery of ip office - malaysia Õs ...€¦ · at the wipo inter-regional forum...
TRANSCRIPT
IMPROVING SERVICE
DELIVERY OF IP OFFICE
- MALAYSIA’S EXPERIENCE -
Kamel MohamadDirector General, Intellectual Property Corporation of Malaysiaat the WIPO Inter-Regional Forum on Development and Service-OrientedIntellectual Property (IP) AdministrationGeneva, July 1-2, 2008
protecting innovation ! advancing competitiveness
CORPORATE
PROFILE
protecting innovation ! advancing competitiveness
BACKGROUND
• Establishment of the Trade Marks and Rights
Registration office
• 27 Oct 1990 - Intellectual Property Division under
the Ministry of Domestic Trade and Consumer
Affairs Malaysia
• 3 March 2003 - corporatized as the Intellectual
Property Corporation of Malaysia (MyIPO) under
the Intellectual Property Corporation Act 2002
• Responsible for the development and management
of intellectual property system in Malaysia
protecting innovation ! advancing competitiveness
ROAD TO AUTONOMOUS
• A Cabinet paper
• Launching Grant of RM48 million
• First-year assistance from the Government on rental
protecting innovation ! advancing competitiveness
MyIPO TODAY
• Corporatized agency under the Ministry of DomesticTrade and Consumer Affairs
• ‘Fully’ autonomous (finance, HR recruitment)
• Judicially autonomous (office decisions are quasi-judicial and not administrative; office must be freefrom interference and answerable to courts)
• A young office, 320 staff
• Headed by Director General and 2 Deputy DGs(Industrial Property; Corporate Affairs)
• Has no enforcement power but does provideassistant for border measures
protecting innovation ! advancing competitiveness
MEMBERS OF THE CORPORATION
protecting innovation ! advancing competitiveness
ORGANIZATIONAL STRUCTURE
protecting innovation ! advancing competitiveness
VISION & MISSION
“To be one of the leading IP organizations”
Mission
“To provide strong legal infrastructure and effective
administration regime to enhance greater creativityand exploitation of intellectual property”
Vision
protecting innovation ! advancing competitiveness
FUNCTIONS
! To ensure the provisions of the IP Legislation are
administered and enforced accordingly;
! To provide services in administering, collecting
and enforcing payment of prescribed fees or any
other charges under the IP Legislation;
! To regulate and supervise issues or matters
relating to IP in relation to the IP Legislation;
protecting innovation ! advancing competitiveness
FUNCTIONS
Cont..
! To advise on the review and updating of the IP
Legislation;
! To encourage and promote the training and the
dissemination of information on IP;
! To promote and organize cooperation program at
national or international level;
protecting innovation ! advancing competitiveness
FUNCTIONS
Cont..
! To safeguard the interest of Malaysia in respect of
any agreement or international convention to which
Malaysia is a party;
! To advise the government on developments at
international level on issues or matters relating to
IP; and
! To carry out research and studies on IP issues.
protecting innovation ! advancing competitiveness
LEGISLATIONS ADMINISTERED
! Trade Marks Act 1976
! Patents Act 1983
! Copyright Act 1987
! Industrial Designs Act 1996
! Geographical Indications Act 2000
! Layout-Designs of Integrated Circuits Acts 2000
! IP Corporation of Malaysia Act 2002
protecting innovation ! advancing competitiveness
SERVICES
protecting innovation ! advancing competitiveness
SERVICES
! Registration of Patents, Trade Marks, IndustrialDesigns and Geographical Indications
! Advisory and consultancy services on IP
! IP information and statistical data
! Training program
! Patent agent examination
! Outreach program
! Online services (online search, filing andchecking application status)
! Helpdesk
protecting innovation ! advancing competitiveness
ACHIEVEMENTS
2003-2007
protecting innovation ! advancing competitiveness
PATENT
Application
0
1,000
2,000
3,000
4,000
5,000
6,000
2003 2004 2005 2006 2007
Local
Foreign
Year 2003 2004 2005 2006 2007
376 522 522 531 670
4,686 4,920 5,764 4,269 1,702
Total 5,062 5,442 6,286 4,800 2,372
• Grew 19.5% (2003-
2005)
• Application dropped
after M’sia acceded to
PCT in 2006
• Applications by non-
residents
outnumbered locals
protecting innovation ! advancing competitiveness
PATENT
Registration
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
2003 2004 2005 2006 2007
Year 2003 2004 2005 2006 2007
31 24 37 187 337
1,547 2,323 2,471 6,562 6,646
Total 1,578 2,347 2,508 6,749 6,983
Local
Foreign
• Grew 77.4% (2003-
2007)
• Patents owned by
resident remain small
protecting innovation ! advancing competitiveness
TRADE MARK
Application
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
2003 2004 2005 2006 2007
Year 2003 2004 2005 2006 2007
8,327 10,406 10,479 11,209 12,289
9,439 10,337 11,668 12,840 13,605
Total 17,766 20,743 22,147 24,049 25,894
Local
Foreign
• Grew 31.3% (2003-
2007)
• Applications by
residents fast
catching up
protecting innovation ! advancing competitiveness
TRADE MARK
Registration
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
2003 2004 2005 2006 2007
Year 2003 2004 2005 2006 2007
3,014 3,243 3,683 5,651 8,108
9,108 8,473 7,771 10,108 17,382
Total 12,122 11,716 11,454 15,759 25,490
Local
Foreign
• Grew 38.2% (2006-
2007)
protecting innovation ! advancing competitiveness
INDUSTRIAL DESIGN
Application
0
200
400
600
800
1,000
1,200
2003 2004 2005 2006 2007
Local
Foreign
Year 2003 2004 2005 2006 2007
624 520 633 616 774
700 941 974 928 1,146
Total 1,324 1,461 1,607 1,544 1,920
• Grew 19.6% (2006-
2007)
• Foreign applications
outnumbered locals
protecting innovation ! advancing competitiveness
INDUSTRIAL DESIGN
Registration
0
200
400
600
800
1,000
1,200
2002 2003 2004 2005 2006 2007
Year 2003 2004 2005 2006 2007
573 602 314 700 597
974 671 463 1,100 1,076
Total 1,547 1,273 777 1,800 1,673
Local
Foreign
• Local ID owners
remain small
protecting innovation ! advancing competitiveness
GEOGRAPHICAL INDICATIONS
! 4 GIs registered
Sabah Tea
Borneo Virgin Coconut Oil
Tenom Coffee
Sabah Seaweed
protecting innovation ! advancing competitiveness
INTELLECTUAL PROPERTY COURT
! Launched 17 July 2007
15 Sessions Courts (IP) (one in each state including
Putrajaya)
4 High Courts (IP) of Malaya (KL, Selangor, Johor,
Perak)
2 High Courts (IP) of Borneo (Sabah, Sarawak)
protecting innovation ! advancing competitiveness
Free Trade Agreement
Int. IP Offices/Org.
… growing international and domestic linkages
Domestic Cooperation
MyIPOMyIPO
International Cooperation
Gov. Higher
LearningIns.
Govt.
Agencies
Private Higher
Learning Ins.
Research
Institute
New Zealand
•Australia
•ASEAN Australia
•USA
•Pakistan
•USPTO
•APEC
•WIPO
•EPO
•JPO
•KIPO
•IP Australia
•UKIPO
PARTNERSHIP
MyIPOMyIPO
Ministries
protecting innovation ! advancing competitiveness
INTERNATIONAL TREATIES ACCEDED
! NICE Agreement (Sept 2007)
! Vienna Agreement (Sept 2007)
! Patent Cooperation Treaty (Aug 2006)
! TRIPS Agreement (Jan 1995)
! Berne Convention (Oct 1990)
! WIPO Convention (Jan 1989)
! Paris Convention (Jan 1989)
protecting innovation ! advancing competitiveness
OUTREACH AND TRAINING
! National and regional seminar
! Exhibition
! Training for patent agent and other stakeholders
! MOU with universities and R&D institutions
! Awareness programmes
protecting innovation ! advancing competitiveness
FINANCIAL PERFORMANCE 2007
… Trade Mark led with 58.1% revenue
RM21,462,201
RM10,431,435
RM1,826,230RM2,858,978 RM323,444
Trade MarkFixed Deposit
Industrial DesignOthers
Patent
protecting innovation ! advancing competitiveness
NATIONAL INTELLECTUAL PROPERTY POLICY
! Launched April 2007
! Allocation RM5billion
! NIPP Action Council (Prime Minister)
! Steering Committee (Minister of Domestic Trade
and Consumer Affairs)
! Monitoring Committee (Secretary General)
protecting innovation ! advancing competitiveness
NATIONAL INTELLECTUAL PROPERTY POLICY
Policy Statement
! … IP as a new engine of growth
! … maximizing the contribution of IP in accelerating
socio-economic/technological development …
environment that encourages continuous creation
of IP …
! K-economy … IP is a valuable economic asset as
well as a critical business tool that can enhance
competitiveness.
protecting innovation ! advancing competitiveness
NATIONAL INTELLECTUAL PROPERTY POLICY
Strategic Objectives
! Highest Standard of IP Protection System
! Promotion of IP-Generated Activities
! Promotion of Commercial Exploitation of IP
! Development of IP Management Capabilities
! Development of Infrastructure for IP Transaction
! Protection of National IP Interest
! Human Resource Development and Public
Awareness
! Promotion of Foreign Investment and Technology
Transfer
protecting innovation ! advancing competitiveness
ISSUES AND
CHALLENGES
protecting innovation ! advancing competitiveness
ISSUES / CHALLENGES
POLICY-RELATED
! Implementation / Status Review of NIPP
! Revision of various Acts
! FTA negotiations (TRIPS Plus)
! International Treaties pending
! Cross-cutting issues / Inter-agency planning group
! New issues (TK, Genetic Resources, Non-
traditional knowledge)
! Copyright-related policy issues
protecting innovation ! advancing competitiveness
ISSUES / CHALLENGES
OPERATIONAL
! Improving service delivery
! Low IP awareness
! Role of right holders
! MyIPO has no enforcement power
protecting innovation ! advancing competitiveness
ISSUES / CHALLENGES
INSTITUTIONAL
! Board membership
! IP Academy / Institute
! Human resource
! External communication strategy / role of media
! Tools for examiners / skills
! Modernization / role of ICT
! Paperless environment
! Reorganization of MyIPO
protecting innovation ! advancing competitiveness
IMPROVING SERVICEDELIVERY OF IP OFFICE
- MALAYSIA’S EXPERIENCE -
protecting innovation ! advancing competitiveness
DEVELOPMENT-ORIENTED AGENCY
National Intellectual Property Policy policy statement
! … IP as a new engine of growth
! … maximizing the contribution of IP in accelerating
socio-economic/technological development …
environment that encourages continuous creation
of IP …
! K-economy … IP is a valuable economic asset as
well as a critical business tool that can enhance
competitiveness.
protecting innovation ! advancing competitiveness
SERVICE-ORIENTED AGENCY
Three kinds of services …
• provided by the agency to other entities
• received by the agency from other entities
• exchanged within agency by its unit
• GOOD is not enough when BETTER is
expected and BEST is possible
protecting innovation ! advancing competitiveness
MALAYSIA INC.
• Introduced 1983
• Closer cooperation between public and private
sector
• Nation as a business/corporate entity jointly
owned by both
"Strengthening public-private sector working
relationship
" Improving quality of public sector services
" Improving information dissemination
"Enhancing understanding of Malaysia Inc.
among public service employee
protecting innovation ! advancing competitiveness
PEMUDAH
• Special Taskforce to Facilitate Business or PEMUDAH
• Established 7th February 2007
• high-powered taskforce to address bureaucracy,reporting directly to the Prime Minister
• the team comprises 23 highly respected individualsfrom both the private and public sectors
• co-chaired by Chief Secretary to the Government andPresident of the Federation of Malaysian Manufacturers
• a concerted cross-ministerial initiative was needed toeffect greater improvement in the way governmentregulates businesses
• to be truly relevant, it needs active participation privatesector
protecting innovation ! advancing competitiveness
PEMUDAH: TERMS OF REFERENCE
• To review the status of the public services delivery system
in terms of processes, procedures, legislation and human
resource towards introducing improvements;
• To study best practices in the private sector that can be
adopted by the public sector;
• To coordinate programs across public sector agencies
towards enhancing Malaysia's competitiveness;
• To monitor the implementation of policies, strategies and
procedures aimed towards improving the efficiency and
effectiveness of the public delivery system; and
• To take appropriate action in addressing issues raised
during Cabinet meetings regarding the public delivery
system
protecting innovation ! advancing competitiveness
INCOMING MESSAGE AND OUR RESPONSE
MESSAGE:
• Serve us better, faster (and preferably cheaper?)
RESPONSE:
• Universities/R&D instns (24 MOU, IP policy, TLO, licensingagreement, graduate programme in IP)
• Training/Examination for potential patent agents
• Capacity building for PCT
• SME (in-house training, seminar)
• Public (outreach/awareness programmes)
• IP Courts (capacity building for Judges, DPP)
• Enforcement agencies (capacity building)
• Advisory services
• On-line services
• Paperless environment
• IP Online Search & Filing
• IP Register
• Patent Mapping Services
• Commercial Mediation
• Prior Art Search
• Patent Licensing
Information Services
• Expedited Examination
• Consultancy and Advisory
• IP Digital Library
• IP Journal
• Well known Trade Mark
Info
• Notification via SMS
• Voluntary Notification
System for Copyright
• Traditional Knowledge
Digital Library
• Patent Linkage
• Trade Mark Linkage
New Services
• IP Registration (Patent,
Trade Mark, Industrial
Design, Geographical
Indication)
• Patent and Trade Mark
Online Search & Filing
• MyIPO Image Search
System
• Application Status Inquiry
• Publication Server
• Trade Mark Gazette
• Agent Correspondence
System
• Trade Mark Register
• Patent Register
• Customer Feedback Form
• Helpdesk
• Counter
Services to Public
MyIPO SERVICES
protecting innovation ! advancing competitiveness
TOWARDS PAPERLESS OFFICE
Paper Files
protecting innovation ! advancing competitiveness
Scanning Project
TOWARDS PAPERLESS OFFICE
protecting innovation ! advancing competitiveness
Paperless Environment
TOWARDS PAPERLESS OFFICE
protecting innovation ! advancing competitiveness
PUBLIC COUNTER: WE CARE
protecting innovation ! advancing competitiveness
OUTGOING MESSAGE AND THEIR RESPONSE
MESSAGE:
• Engage with us so that we can serve you better,
faster (and preferably cheaper?)
RESPONSE:
• joint programmes (outreach, capacity building)
• feedback and consultative mechanisms
• e-mails
• annual (and regular) consultations
• National IP Policy committee members
• role of media
protecting innovation ! advancing competitiveness
ROLE OF MEDIA
protecting innovation ! advancing competitiveness
protecting innovation ! advancing competitiveness
MESSAGE FROM WITHIN AND OUR RESPONSE
MESSAGE:
• What about us?
RESPONSE:
• Capacity building (technical and soft skills)
• Right tools (for examiners and the non-technicals)
• Leveraging ICT (speed is the essence)
• Career development
• Reward, welfare, benefit
• Reorganize, reposition
protecting innovation ! advancing competitiveness
THE MESSAGE
CHANGE
and
DELIVER!
protecting innovation ! advancing competitiveness
OUR RESPONSE
WE’RE CHANGING
and
FIXING THE PARTS
THAT
ARE NOT DELIVERING
protecting innovation ! advancing competitiveness
INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA
protecting innovation – advancing competitiveness
http://www.myipo.gov.my