IP Policy and its linkages with Economic, Science &

Technology Policies

Muhammad Ismail

Deputy Director

IPO-PakistanOctober 09, 2013

IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL

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Outlines

• National IP Strategy and Institutional IP Policy

• IP Management in Universities• Policies having linkages with national IP

Strategy• Current Situation in Pakistan• Salient Features of draft National IP Strategy• Way Forward/Future Prospects

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IP Policy Defined……

Nation IP Strategy

IP Strategy is a set of measures formulated by a government to encourage and

facilitate effective creation, development and management of intellectual

property. It outlines how to develop infrastructures and capacities to support

inventors of IP to protect, develop and exploit their inventions.

Institutional IP Policy

The Institutional Intellectual Property (IP) policy governs the ownership and

management of IP and Institution’s discretionary Reward to Inventors. This

policy applies to all Employees of the Institution and extends to Associates and

students.

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Ingredients of National IP Strategy

•  IP Administration and Management;

• Generation of IP by Universities, Research Organizations, Business,

Industry, SMEs and Individuals;

• Commercialization of IP and Technology Transfer;

• Industrial Property (Patents, Trademarks, Industrial Designs) and

related Sectors;

• The Copyright and Creative Industries;

• Plant Variety Rights and Seed Industries;

• Enforcement of IP Rights;

• Adjudication and Court system.

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Ingredients of Institutional IP Policy

•  Coverage of available intellectual property rights (Patents,

Industrial Designs, Trademarks, Copyrights etc.);

• Ownership of intellectual property;

• Disclosure of intellectual property;

• Marketing, commercialization and licensing of IPRs;

• distribution of income;

• Rights and obligations of an inventor and the institution;

• Other pertinent issues.5

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IP Management in Universities

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• Infrastructure• Establishment of TTO/TMO/BIC• Development of IP Policy

• Research• R&D Planning/Strategy• Research Funding Management• Research Collaborations

• Protection of IPR• Identification of IP• Evaluation of IP• Patent Filing• Legal matters• Administration of Legal Issues

• Exploitation of IPR• Marketing of new technology• Marketing licensing potential• Licensing Negotiation and

Monitoring Deals• Technology Valuation• Commercialization• Incubation

• Capacity building• IP Training• Regular courses• Training Workshops,

Seminars

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Linkages of IP Policy with other National Policies

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SME Policy, 2007

• Policy Recommendations-SME Policy 2007

– Improving and enforcing Intellectual Property Rights for

SMEs.

• IP Asset Management Strategy

– Awareness

– Protection (Registration)

– Enforcement

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National Science, Technology and Innovation Policy, 2012

• 5.5 Management of Intellectual Property Rights Regime– Importance of IP for Scientific Inventions and technological

Innovations;– Role of IPO Pakistan.

• Policy Action– Creating the position of a Liaison Officer in the Ministry of

Science and Technology to coordinate the IPR related activities across all R&D organizations in close association with IPO, Pakistan (PCST and HEC in close collaboration with IPO-

Pakistan).

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Strategic Trade Policy Framework 2012-15

• Promote competitive markets in Pakistan.• Ensure conformity to international agreements and practices. • Promote domestic and foreign investment.• Create level playing field for Pakistani firms in international as well

as domestic markets.• Due consideration to consumer welfare. • Cater to the changing needs of Pakistan’s economy.• Create an enabling environment to pursue the legitimate goal of

Industrialization in Pakistan.• Promote high quality and branded exports of Pakistan in the

international market.

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IP Management in Pakistan

• Establishment of IPO-Pakistan in 2005;

• Integration of all IP Systems;

• Permanent status in the form of IPO Act, 2012;

• Initiating Draft National IP Strategy in 2012.

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Legal Framework (Old and New)

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OLD NEWTHE INTELLECTUAL PROPERTY ORGANISATION OF PAKISTAN Act, 2012

PATENTS AND DESIGNS ACT, 1911 PATENT ORDINANCE 2000 (AMENDED IN 2002 & 2006)

TRADE MARKS ACT, 1940 TRADE MARKS ORDINANCE 2001

COPYRIGHT ORDINANCE 1962 COPYRIGHT ORDINANCE 1962, (AMENDED IN 2000)

THE REGISTERED DESIGNS ORDINANCE, 2000

THE REGISTERED LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ORDINANCE, 2000

PLANT BREEDERS RIGHTS BILL (Under approval)

STAND-ALONE GEOGRAPHICAL INDICATION LAW (Under submission)

Salient Features of Draft National IP Strategy

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• I-Preamble– IP as an important tool for economic development;– Vision and Mission.

• II-Guiding Principles– Guidance of the moral basis mentioned in the Holy Quran;– Sayings of the Holy Prophet (peace be upon him);

– Quotations of Qaid-e-Azam Muhammad Ali Jinnah.

• III-Goals and Targets– IP asset management and IP rights enforcement are two major

components of National IP Strategy;– Implementation of targets within 10 years.

Salient Features of Draft National IP Strategy (Contd…)

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• IV-Strategic Dimensions (A-IP Asset Management)• Integrating IP Administration & developing Human Resource• Association with other National Policies• Strengthening IP regime & Improving Service Delivery

– Patents– Utility Models – Trademarks– Copyrights– Industrial Design and Integrated Circuits– Geographical Indications– Plant Breeders’ Rights– Genetic Resources, Traditional Knowledge & Folklore (GRTKF)

Salient Features of Draft National IP Strategy (Contd…)

IV-Strategic Dimensions (B-IP Rights Enforcement)

• Updating Intellectual Property Legislation• Improving Intellectual Property Law Enforcement• Enforcement and Dispute Resolution

– Alternate Dispute Resolution (ADR) Mechanism– Specialized IP Tribunals

• Coordination for IPR Enforcement

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Way Forward/Future Prospects

• Implementation of National IP Strategy

• Coordination for Development of University IP Policies

• Establishment of TMOs/TICs/ORICs in universities and

R&D Institutes for protection and commercialization of

Patentable Research

• IP Assent Management of SMEs and Business ventures

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visit IPO-Pakistan

at

www.ipo.gov.pk E-mail: muhammad.ismail@ipo.gov.pk

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THANKS FOR YOUR KIND ATTENTION