JPO Study-Cum- Research Fellowship Program

October 8, 2008– March 30, 2009

Research on the competency which is required for the

institution in charge of development of IP human resources

Submitted by

LI XUN

Program manager

CHINA INTELLECTUAL PROPERTY TRAINING CENTER (CIPTC)

STATE INTELLECTUAL PROPERTY OFFICE (SIPO)

PEOPLE REPUBLIC OF CHINA (CHINA)

SUPERVISED BY

Prof. YOSHITOSHI TANAKA

TOKYO INSTITUTE OF TECHNOLOGY, JAPAN

2

TABLE OF CONTENTS

ACKNOWLEDGEMENT ......................................................................................................... 4

ABSTRACT.............................................................................................................................. 6

CHPATER ONE BACKGROUND ...................................................................................................................... 8

1. SITUATION OF IP TRAINING IN JAPAN ....................................................................9

1.1 GOVERNMENT POLICY IN JAPAN............................................................................9

1.2 IP TRAINING INSTITUTE IN JAPAN......................................................................... 11

2. DETAILED INFORMATION.....................................................................................18

2.1 THE PERSONNEL COMPOSITION、BUDGET OF IP TRAINING ........................18

2.2 THE CURRICULUM ...................................................................................................19

2.3 TRAINING METHOD..................................................................................................24

2.4 TEACHER COMPOSITION .......................................................................................25

2.5 IP TRAINING FOR YOUNGSTERS ..........................................................................26

2.6 EVALUATION..............................................................................................................27

2.7 LONG-DISTANCE TRAINING ...................................................................................29

2.8 TRAINING NETWORK......................................................................................................29

3．．．．SITUATION OF IP TRAINING IN CHINA................................................................30

3.1 THE GENERAL SITUATION......................................................................................30

3.2 IP TRAINING ORGANIZED BY CIPTC .....................................................................32

3.3 IP TRAINING ORGANIZED BY LOCAL IP OFFICES ..............................................36

3.4 IP TRAINING ORGANIZED FOR YOUNGSTERS...................................................38

4. DETAILED INFORMATION .......................................................................................39

4.1 CURRICULUM SETUP ..............................................................................................39

4.2 TEACHER DATABASE ..............................................................................................43

4.3 TRAINING METHOD..................................................................................................44

4.4 EVALUATION..................................................................................................................48

4.5 TRAINING NETWORK......................................................................................................49

5. GENERAL COMPARISION BETWEEN CHINA AND JAPAN .................................49

CHPATER TWO PURPOSE AND HYPOTHESIS ............................................................................................53

1. DETAILED COMPARISON .........................................................................................53

1.1 TRAINING METHOD..................................................................................................53

1.2 CURRICULUM............................................................................................................53

1.3 TEACHERS .................................................................................................................55

1.4 IP TRAINING FOR YOUNGSTERS ..........................................................................55

1.5 TRAINING NETWORK .....................................................................................................57

2. THE CHARACTERISTIC ANALYSIS OF IP TRAINING INSTITUTES......................................57

2.1 THE COMMON CHARACTERISTIC WITH GENERAL LEGAL ENTITIES.................................57

2.2 THE COMMON CHARACTERISTIC WITH GENERAL EDUCATION INSTITUTES ....................58

2.3 THE PARTICULAR CHARACTERISTIC OF IP TRAINING INSTITUTES..................................58

3. KPI, SWOT ANALYSIS AND HYPOTHESIS..............................................................59

3.1 KPI FOR MEASURING IP TRAINING INSTITUTES................................................59

3

3.2 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN JAPAN ................................63

3.3 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN CHINA ................................65

4. HYPOTHESIS...............................................................................................................70

5. METHODOLOGY ........................................................................................................71

5.1 THE RESEARCH PROCESS ....................................................................................71

5.2 THE RESEARCH METHODS....................................................................................72

CHPATER THREE INTERVIEWS AND ANALISIS ..............................................................................................73

1. GENERAL SITUATION OF INTERVIEWS .............................................................73

1.1 INTERVIEW TO INPIT ...............................................................................................73

1.2 INTERVIEW TO JIII ....................................................................................................80

1.3 INTERVIEW TO FUJITSU CORPORATION .............................................................82

CHPATER FOUR QUESTIONAIRES AND ANALISIS ......................................................................................83

1 GENERAL SITUATION OF QUESTIONAIRE............................................................83

2. EVALUATION OF RESULTS OF QUESTIONAIRE ..................................................83

2.1 STRATEGY INDEX ANALYSIS ..........................................................................................83

2.2 IMPLEMENTATION INDEX ANALYSIS................................................................................87

2.3 INFLUENCE INDEX ANALYSIS .........................................................................................89

CHPATER FIVE CONLUSIONS AND RECOMMENDATION.........................................................................91

1. CONCLUSIONS...........................................................................................................91

2. RECOMMENDATION .................................................................................................92

2.1THE RECOMMENDATION ON THE INNER POLICY ..............................................92

2.2 THE RECOMMENDATION ON THE OUTER POLICY............................................94

REFERENCES .......................................................................................................................96

ATTACHMENT........................................................................................................................98

ATTACHMENT 1: QUESTIONAIRES ........................................................................98

ATTACHMENT 2: CORRELATION CHART ............................................................. 101

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Acknowledgement

This is my final report when I studied in Japan under the JPO project. During the

six months, the JPO and APIC of JIII organized and managed efficiently my

research, I also got much help from different aspects. So, I would like to sincerely

express my gratitude to:

The Japan Patent Office (JPO) for funding and organizing this program; The State

Intellectual Property Office of P. R. China (SIPO) for giving me this precious

opportunity; The Asia Pacific Industrial Property Center (APIC) of the Japan

Institute of Invention and Innovation (JIII) for providing good working environment

and facilities for my research; The Graduate School of Tokyo Institute of

Technology (TIT) that gives me the opportunity as a visiting scholar to share with

the experience; National Center for Industrial Property Information and Training

(INPIT) for their strong cooperation on my research.

My thanks to Mr. Masayoshi Omachi, Mr. Nemoto Masashi, Ms. Mari MORI, Mr.

Yoshihiro Nakayama and other officials of International Affairs Division, JPO for

their friendly arrangement of the program;

I would like to thank my coordinator, Mr. Toshiyasu MATSUTANI, Ms. Yukiko

KOYANAGI, for their excellent support, attention and detailed friendly

arrangement，and providing me good conditions and assistance for carrying out

the research work.

My thanks to Ms. Noshiro CHIE of APIC of JIII, Ms. K. KINOSHITA, Ms. M.

TAKAHASHI, Ms. A. SAKUMA of APIC for their enthusiastic and hospitable help

during the six month.

I would like to thank every lecturers of the training course in APIC that I had

attended during the program for their lecture and special explanation to me; and

thanks to all the people who replied my questionnaire and accepted my interview.

Especially, I would like to express my special thanks and gratitude to my

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supervisor, Prof. Yoshitoshi TANAKA of the Graduate School of Tokyo Institute of

Technology, for his kind and useful guidance and advices on my research，and

thanks to his students of Tokyo institute of technology Mr. Higuchi, Mr. Sunada,

and others for their friendship and hospitality.

I would like to thank my leaders and colleagues, especially Mr. Ma Fang, Mr.

Wang Lantao and Mr. Yan Chong who gave me the chance and provided great

help to my report.

Others that I could not mention them all also have contributed less directly but no

less importantly to my progress during the time of this program. I also express my

gratitude to them.

Finally, I would like to thank especially to all members of my family for their

support, patience and understanding.

Tokyo, March 2009

※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※

It should be noted that opinions expressed in this report are purely personal

and do not necessarily reflect those of the organization to which the author

belongs.

6

Abstract

The research theme is the Competency Build-up of Institutes in charge of IP

human resources. Based on several years working experience of IP training in

China, I have a little knowledge about the nature and practice skills of IP

training. So I’d like to take use of the opportunity to study the experience of IP

training institute in Japan. Then combined with the experience myself, I wish to

strengthen my understanding about IP training institutes, and give rise some

suggestions to Chinese related training institutes.

The method of research is as follows. Firstly I will gather related information

about Japan IP training institutes. Combined with the Chinese information that

I have know, I will do comparison first, and find visual common points and

difference. For the discrepancy in political and economic system, the difference

of developing stage, and the distance of IP utilization level between China and

Japan, during the difference analysis, combined the national situation, I have

done SWOT analysis for IP training institute in China and Japan, and the

analysis has been considered as basic material for further delicate analysis.

Firstly, as to training institute, it has a common point with any other vigorous

organization, that is he should have high qualified, and unified group, have

developing objective and proper location, have concrete implementation plan

and investigation or research ability, and the ability to adjust the plan to meet

with the changes of situation, also should have implementation ability with high

efficiency.

Secondly, IP training institutes have some common characteristic with normal

education organizations. The objective of them is to provide the knowledge or

skills fit to the trainees’ needs.

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To provide the knowledge fit to the actual needs, it need us to have strong

ability on education research, complete education evaluation system (aim to

trainees, teachers, courses and programs etc.), and scientific and pertinent

training courses.

Then, after the general and detailed comparison, the hypothesis has been

assumed, that is to improve the ability of IP training institutes in 3 aspects

including, strategy ability (comprising self-adjusting ability), implementation

ability (comprising group building up), and influence ability. Although the 3

aspects are also important in other kinds of organizations, however, I have set

up some evaluation parameters or KPI (key Performance Indictor) to evaluate

the 3 abilities according to the particular characteristic of IP training institutes.

Finally, I have tested the abovementioned parameters through interview and

questionnaires. The testing way is firstly to roughly judge the weight of each,

and then to get the correlation data among different parameters. The second

step is to make analysis about the weight and the meaning of correlation

values. Such kind of correlation analysis has helped me to find the basic

parameter, and then helped me to find the supreme policy which should be

taken earliest.

--------------------------------------------------------------------------------------------------------

This report just is a summary of my study in Japan. The understanding

and comprehension to some conception is very superficial. Some

judgments maybe were not so exactly. I honestly wish you the reader

give some comment and criticism.

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CHPATER ONE

BACKGROUND

In 2007, a conference among the deans from global IP academies has been

held in BEIIJNG, and the delegates are from Australia, Brazil, China, Croatia,

Cuba, Mexico, Korea, Africa, Europe, and WIPO. The conference recognized

that IP academies have played important role in the IP education, training and

research and emphasized that IP is cross-disciplinary subject, so we should

not only be limited to the field of law, but also enhance the IP education in the

field of engineering, scientific, R&D, management and financial etc.1

The conference agreed to further to strengthen the international cooperation in

the field of IP education. 2

It can be clearly seen that importance of IP education is more and more

emphasized all over the world, and also there shown a clear trend that

multi-lateral or bilateral cooperation on IP education has been highly enhanced

among the countries for the economy globalization.

There is no doubt that IP education in different countries must have some

similarities, for most of countries who are the member of Trips have a similar

law system. However, there are some differences that should be concerned.

Firstly, the development of IP situation in different countries is still in different

stages. Secondly, the environments including culture or public consciousness

of IP are also different. Thirdly, although most countries set up the IP system

based on Trips, however, we have still kept difference in some concrete

aspects.

1 Information from http://www.wipo.int/academy/en/ipacademies/ line 3-10, paragraph 1 2 Information from http://www.wipo.int/academy/en/ipacademies/ paragraph 2

9

So it is necessary to do some comparison among different countries. Here I

focus on the comparison between China and Japan. As we know, Japanese IP

system has been built up for more than 100 years. In 1970’s-1980’s, Japan has

also experienced a period characterized by piracy and counterfeiting and is

strictly criticized by western countries. Since 2002, Japanese government has

set up national IP strategy to build up the IP-based country3. Till now, the

Japanese enterprises have developed a mature IP management theory, and

applications of patent has a trend evolving from “small patent” to “basic patent”,

meanwhile the period of rapid growth in the amount of application has

gradually turns into a period with stable amount, which means a more mature

application strategy has been adopted in which quality is more concerned. All

obviously and definitely, such changes need a large number of IP talents in

various kinds of field, also need IP culture formed in society. So from the

comparison, we can make clear what stage china is in, and what kind of

experience can be introduced to help us develop our human resources in the

field of IP.

1. SITUATION OF IP TRAINING IN JAPAN

1.1 GOVERNMENT POLICY IN JAPAN

In 2005, the subject concerned about IP education is lack in quantity of IP

talents, and to improve the quality of IP talents. In order to solve the problem,

Japanese government is planning to double the amount of IP talents from

60,000 to 120,000 persons in 10 years, to actively cultivate and effectively use

inter-disciplinary talents, and to set up comprehensive strategy of cultivating IP

talents4.

The concrete suggestions of the strategy include make clear the definition of IP

3 The summary of the Intellectual Property Strategic Program 2008; Mr. Gen Kawai, Deputy Counselor,

Intellectual Property Strategy Headquarters. October 9, 2008,. 4 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 2

10

talents, the required skills for each kind of IP talents, the cultivation methods

and related measures. Japanese government has roughly classified the IP

talents into 3 groups, IP professionals, creation and management talents and

reserved talents5.

The strategy is based on delicate investigation and analysis of the situation in

Japan. Firstly, Japanese government has investigated the situation and

requirements of IP talents in various fields, make clear the function of various

IP talents, and set up an ideal model for each of them. Secondly, the

government investigated the skills required for each field, and set up the

objective. Thirdly, according to the skills required, the government set up a

10-years plan and each year evaluates the effect of implementation. Fourthly,

the government make further refined classification as university as well as

education institute, enterprises, jurisdiction system, IP related organization,

administrative institute to improve the pertinence of each program.6

The ideal model of IP talents according to the strategy may roughly comprised

of 5 types: talents has ability of international cooperation and communication in

IP, talents has ability of mastering cutting-edge technology, comprehensive

talents, talents has ability of IP management, talents helpful to SMEs7. In order

to achieve the objective of strategy, Japanese government has taken about 10

key measures which include, setting up the negotiation conference, providing

sufficient financial support to IP education and research, introducing and

effectively taking use of the talents who master the cutting-edge technology,

effectively taking use of the talents who have practical experience, broadening

the working experience of IP talents to cultivate comprehensive talents,

strengthening the IP talents exchange in the world, improving the ability of

effective usage of IP and support to IP, exploring the textbook and education

5 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 4 6 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 7 7 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 6

11

assisting tools, and developing the ability of independent legal entities on IP

training institutes8.

There are 7 legal entities dealing with IP training in Japan, which respectively

are Japan institute of innovation and invention (JIII), National Center for

Industrial Property Information and Training (INPIT), Association of Intellectual

Property Education (IPEA), Intellectual Property Association of Japan (IPAJ),

Japan Intellectual Property Association (JIPA), Japan Federation of Bar

Associations (JFBA), Japan Patent Attorneys Association (JPAA). These 7

entities have set up a mechanism of negotiation conference, and 2 meeting will

be held for each year9.

Japanese government has attached great importance to the IP education for

children. The children and students are suggested to learn IP knowledge in the

school and the reference textbooks are provided or recommended, and

contest on IP report among students is conducted. Some children may attend

the invention club (JIII) to get more skills. Meanwhile, for ensuring the quality of

such kind of education, the training for the teachers sometimes is also

provided10.

1.2 IP TRAINING INSTITUTE IN JAPAN

1.2.1 INPIT

The INPIT, an Independent Administrative Institution, was established on April

1, 2001. The center provides comprehensive information on industrial property.

These include gathering and reading official gazettes on industrial property;

providing consultations on industrial property; gathering and reading the Japan

8 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008 9 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 12 10. The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 13

12

Patent Office’s industrial property reference materials; and utilizing licensable

patents.

In October 2004, the National Center for Industrial Property Information

changed its name to the National Center for Industrial Property Information

and Training and started providing “information dissemination services” and

“human resource development services.”

With the aim of developing human resources that will support intellectual

property services so as to promote expeditious examination/trial examination

at the JPO, formulation of intellectual property strategies at companies, and

proper protection and utilization of intellectual property rights, the department

implements the following training.

(1) Training for JPO staff

The department constantly implements necessary training for smooth

performance of services at the JPO, and in particular, provides proper training

on a timely basis in response to the changes in the environment affecting the

industrial property administration, including the mass recruitment of fixed-term

JPO examiners and the need for highly specialized knowledge on laws and

international relations, as well as rapid progress in advanced technology. The

department also makes efforts to effectively implement necessary training for

the development of human resources that will support SMEs and venture

companies in formulating intellectual property strategies.

(2) Training for people other than JPO staff

The department provides people other than JPO staff who engage in industrial

property services at registration search agencies with training based on

know-how accumulated through the enforcement of examination/trial

examination.

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(3) Training with the use of information communication technology

The department provides people engaging in intellectual property services in

general, including JPO staff, with opportunities to mutually improve their skills

and knowledge with the use of information communication technology, and

enhance such training opportunities in terms of quantity and quality, thereby

promoting the development of human resources that are well versed in

intellectual property services.

Encouraging of patent licensing through use of licensable patents

(Licensing Promotion Department)

The Department encourages small and venture businesses to actively create

new businesses and develop new products by facilitating the smooth transfer

of licensable patents (patents whose owners have the intention of making them

licensable) between corporations as well as between corporations and

universities/public testing and research institutions.

(1)Encouraging patent licensing through use of human resources and

other means

Experts who help support the promotion of patent licensing (Patent Licensing

Advisors) are dispatched to mediate, offer consultations, and provide training

and educational programs on patent licensing and technology transfers. To

increase the recognition of measures for encouraging patent licensing,

moreover, the Department holds comprehensive seminars on these business

operations, called "Seminar for Encouraging Patent Licensing", in various parts

of Japan.

(2)Encouraging the provision and use of information on licensable

patents

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The Department offers ideas on how licensable patents may be used. This

may be done through provision of information on licensable patents included in

the patent licensing database, and through Examples of Licensable Patent

Utilization. The Department also provides Charts for Supporting Patent

Licensing that analyzing the trends of domestic patents and corporations.

Companies hoping to create new businesses will find these charts useful as an

index for introducing and transferring technologies. Moreover, the Department

dispatches specialists on patent information research (Patent Information

Advisor) to help small and venture businesses in the regional community

develop technologies and introduce patents by using patent information.

(3)Supporting the fostering of patent licensing business

By organizing training programs, holding international seminars, and carrying

out other activities, the Department establishes the environment for developing

and fostering individuals who will play central roles in the patent licensing

market in the future. At the same time, it publicizes a list of patent licensing

agent to make this business better known in Japan, and to provide

opportunities for the public to access the business agents11.

The organization chart of INPIT:

11 The introduction to the INPIT is from the INPIT official website, http://www.inpit.go.jp/english/index.html

15

Figure Source: INPIT website, http://www.inpit.go.jp/english/index.html

1.2.2 JIPA

JIPA was founded in September 9, 1938, and had 1005 members till year 2004

with 836 formal enterprise members and 169 financing members (such as law

firm). JIPA is a non-profit, non-governmental organization, which has

approximately 1173 members. It represents industries and users of the

intellectual property system, and provides related institutions all around the

world with well-timed, suitable opinions on improvement of their IP systems

and their utilization.

JIPA has training programs for about 18000 member employees, including

engineers and researchers, every year. The aim of JIPA training is that the

trainees master the knowledge, information and business practice required for

performing his/her tasks to improve his/her legal knowledge on IP and

business practice capability.

CHAIRMAN

Auditor Executive director

General affairs department

Information provision department

Licensing promotion department

Information management department

Consultation department

Training department

Human resources development department

Executive Manager for Human Resources Executive Manager for General

16

Further, recently, JIPA prepared "Course for developing New-IP-Leaders"

which creates the human resources who may lead IP management to a

success, and "Course for developing IP-Strategic-Staffs" which creates the

human resources who can find out the concrete subject on the vision of IP

section and propose the creative policy for achieving such subject12. The

organization chart of JIPA:

Figure source: JIPA’s website, http://www.jipa.or.jp/content/english/

1.2.3 JIII-APIC

APIC is founded in 1996, and belong to JIII. Its responsibility is to cultivate and

training IP talents through the all kinds of cooperation to provide strong support

to developing countries in IP fields.

Through the cooperation with the organization like WIPO (World Intellectual

Property Office), AOTS (The Association for Overseas Technical Scholarship),

12 JIPA website, http://www.jipa.or.jp/content/english/

CHAIRMAN (1)

PRESIDENT (1)

Executive manager 1 Managing directors (11)

Vice-president (5)

Directors for each industrial

Vice-chairman (4)

Advisor (4)

Policy & strategy PJ (9)

Secretary General Standing expert committee Kanto Chapter (6) etc.

Policy & strategy division

General affairs division

Member’s support division

Publication public affairs

Training division

Kansai office

17

and JICA (Japan Intellectual Cooperation Agency) etc, APIC has held lots of

seminars during 10 years. Till now, the amount of participants in these

seminars is about 2000 and these participants have been the specialists in

their country after the study.

The training activities are organized in global view, and emphasis on the IP

practical affairs. The participants are mainly government officials, staff in

enterprises and IP firm, scholar of research institute and other IP professional.

Meanwhile, the training methods approved by APIC are face-to-face training

(including discussion), visiting related IP organizations, practice, and case

study etc. APIC has provided many documents for reference, such as

researching material provided by China, Vietnam, Thailand and Indonesia

researchers13.

Here below is the organization chart of JIII-APIC.

13 APIC pamphlet

18

Figure source: JIII’s website, http://www.jiii.or.jp/english/e.htm

2. DETAILED INFORMATION

2.1 THE PERSONNEL COMPOSITION、、、、BUDGET OF IP TRAINING

In the fiscal year 2007, INPIT has received a total of 14.2 yen billion from the

Japan Patent Office, in which 0.4 billion is used for IP training programs (not

including the labor cost and wages).

19

In the training program organized by INPIT, the institute will charge some fees.

The calculation of the fees is decided by the actual cost of the training courses

paid by the participant or participant’s employer. In 2007, the budget revenue is

50 million yen, and actual revenue is 70 million yen.

In total, INPIT has a total of 101 employees (as of April 2008), who mostly have

experience of working for the Japan Patent Office, and in which a number have

experience as patent examiners.

INPIT take great emphasis on the staff’s knowledge about IP, so they fully take

use of the staffs from the JPO, however, INPIT don’t have special program to

train staffs about IP knowledge14.

2.2 THE CURRICULUM

2.2.1 INPIT

The training programs of INPIT evolve from the IP training for the official of

JPO. In another aspect, INPIT is also responsible for the setting-up of patent

database and has strong ability in patent searching and analysis15. So we can

see very clear course distribution in INPIT curriculum which focuses on the

skills of patent searching and analysis.

According to the statistics of 2008, INPIT has organized more than 30

seminars, in which more than 25 seminars are focus on the patent searching

&analysis. In the meantime, there are still some seminars about the patent

examination, infringement, general knowledge of IP, and IP policy16.

14 The information about personnel composition and budget is gathered through interview with INPIT officials, in

Feb. 23, 2009 15 From INPIT website, http://www.inpit.go.jp/english/index.html, 16 Information gathered from response of questionnaires from INPIT, the curriculum list in 2008

20

Data source from interview with INPIT, Feb.23 2009.

The courses of primary searching seminar include, 1) The Patent Law and

examination standards, 2) Introduction to classification and approaches to

searches, 3) Practical training in conducting searches etc. The courses of

intermediate seminar include, 1)Patent examination standards,2)Approaches

to patent searches and practical aspects thereof,3)Practical exercises in patent

search etc. The courses of advanced seminar are largely same, and the

difference is that advanced seminar has practical exercises in searches using

search terminals for Japan Patent Office patent examiners (some usage

restrictions), etc. The courses of infringement warning mainly on the practical

training based on a simulated experience of receiving a patent infringement

warning notice17.

So there shown a clear logic relationship in the curriculum structure. We can

know that INPIT has fully taken use of its advantage in the skill of patent

searching, and broaden their course to the related filed, like patent

examination standard and infringement warning. Because patent examination

standard are influential factor of the protection scope of the granted patent, so

it will help a lot in the data analysis after searching. Meanwhile, infringement

warning directly needs the skill of patent searching and analysis, so it can be

17 The data about the content of courses is from the response of questionnaire from INPIT

IIII

III

II

I

Advanced

searching

Infringe

ment

Primary

searching

seminar

Intermediate

Searching

seminar

21

recognized as the usage of patent searching in the practical fields.

2.2.2 JIPA

The curriculum in JIPA are roughly divided into 6 groups including basic

courses, specific courses, courses for special technical field, comprehensive

courses, oversea courses, and temporal courses. The basic courses can be

also divided into entrance courses, preliminary courses and intermediate

courses18.

Entrance courses Preliminary courses Intermediate courses

IP system in enterprise

Patent, utility model system

Trademark and design system

Foreign patent system

IP information

Related IP law

IP contract overview

IP management

Patent, utility model application

Foreign patent system

Trademark and design application

Patent information

IP law and related law

IP litigation

IP management in enterprise

Patent law, utility model law

Design law

Trademark law

US patent system

European patent system

Treaties and Asia patent

system

Practical skills of contracts

Civil law overview

Civil litigation law overview

Drafting of patent

application files(electronic,

mechanics )

Drafting of patent

application files(chemistry)

Patent searching

The utilization skills of

patent searching)

18 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,

March 2004, Page 25-28.

22

Data source of the table is from the report, “IP education research in universities” ,

Osaka Institute of Technology, March 2004, Page 25-28.

The specific courses can be divided into 2 groups, advanced course and

research course.

The advanced courses include patent trial, the appeals against the decision,

the interpretation of the trial decision on trademark and unfair competition

cases, patent law comparison stud, international contract, patent infringement

litigation and US patent litigation etc. And the research courses include patent

trial case research, patent research in view of civil litigation law, and the

research on the drafting of specification in English (chemistry, mechanics etc)

19.

The technician-oriented courses are mainly to improve the awareness, and

strengthen the relationship between R&D and IP department20.

The comprehensive courses comprise of IP rights&management of enterprise,

and Asian IP system. The overseas courses include US patent system,

regulation, cases，and IP affairs in Asian countries. The temporal courses

include the basic knowledge and recent development of copyright, patent

application in US and Europe, and IP marketing21.

The curriculum structure in JIPA is as follows,

19 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,

March 2004, Page 25-28. 20 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,

March 2004, Page 25-28. 21 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,

March 2004, Page 25-28.

23

The data source from the report, “IP education research in universities”, Osaka Institute of

Technology, March 2004, Page 25-28.

2.2.3 JIII-APIC

APIC is mainly undertaking the training program organized by WIPO, JPO or

JICA for the foreign participants from Asian-Pacific countries22. During the

courses, when introducing the Japanese system, the teachers are usually pay

attention to launch the discussion and gather the related information of the

participants’ countries.

The seminar in APIC can be roughly divided into 3 kinds.

(1) Specific theme (2) General courses (3) Specific seminars for specific

countries.

The curriculum of general courses is as follows,

IP function in economic development

Current situation of IP administration

patent application or electronic filing

system

Patent&Trademark appeal

General

Anti-counterfeiting activities

22 JIII-APIC website: http://www.jiii.or.jp/apic/us/e_top.htm

Curriculum structure

Basic courses

Specific courses

Entrance courses

Preliminary courses

Intermediate courses

Advanced courses

Research courses

Technician-oriented courses Comprehensive courses

Overseas courses Temporal courses

24

IPR awareness Raising Activities

Japanese national IP strategy

IP infringement

courses

IP dissemination and education

activities in Japan etc.

Data source from the training program during Oct. 2008-Mar.2009 that I have attended.

The curriculum of specific theme mainly concerned IP practical skills.

Data source from the training program during Oct. 2008-Mar.2009 that I have attended.

From the chart, we may know the courses are mainly on introduction of IP

acquisition procedure in Japan, Japanese IP administration or WIPO’s

perspective, and the importance of IP protection against counterfeited and

pirated goods as well as Japanese activities.

The specific seminars for specific countries have been held for Vietnam, India,

China, and Indonesia etc23.

2.3 TRAINING METHOD

In Japan, the mostly used training method is also face-to-face training. Other

23 The data about the seminar and curriculum is from the training program during Oct. 2008-Mar.2009 that I have

attended

Specific themes

IP acquisition

IP enforcement

Border measures

Information technology

IP administration

Specified technology

Etc.

25

training methods include training on the spot, practice, case study, and

e-learning etc. Here attached an example,

Face-to-face On the spot Practice Case study

PCT

Trips

IP strategy

Technology

transfer

License

Patent

examination etc.

Visit JPO

Visit INPIT

Visit court

Visit

enterprise

Visit law firm

etc.

Patent&trademark

searching

Patent&trademark&design

investigation

Drafting of patent

application files

Patent

litigation

Data source from the training program during Oct. 2008-Mar.2009 that I have attended.

During the face-to-face training, the discussion is usually arranged. Such

discussion usually takes the form of “country report”. And in the meanwhile

during the courses, participants are usually free to ask any questions at any

time24.

It is noted that the training in Japan usually takes the way of “blended training”,

just take INPIT as example, as a supplementary to the face-to-face training,

e-learning usually is used to strengthen the effects of the correspondent

courses in the training for JPO’s staffs25. “On the spot” is also widely used in

the traditional training program26, which has shown a more flexible image.

2.4 TEACHER COMPOSITION

The teachers in Japanese IP training institutes are mainly part-time teachers

from JPO or other IP-related ministries such as customs, universities, IP firm,

24 The information is gathered from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC. 25 Source from the interview with INPIT staff, in Feb. 23 2009 26 The information is gathered from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC.

26

enterprise etc. and overseas teachers from WIPO27.

teachers distribution

JPO

otherminsitries

universities

IP firm

enterprise

WIPO

Data source from the interview with INPIT, the training program during Oct.

2008-Mar.2009 that I have attended.

It can be clearly seen that the teachers are mainly form JPO, IP firm and

enterprise, universities. So the teachers are mainly from IP practical

departments, for the teachers from JPO are expected to more focus on IP

examination and administrative management; the teachers from IP firm are

expected to more focus on IP litigation or IP deputy; and the teachers from

enterprise are expected to more focus on IP management and utilization.

However, in actual, the teacher composition in different institutes is also

different. Such as the teachers in INPIT are mostly from JPO28. Teachers

composition in APIC is a little more complicated, and they are from all field

abovementioned. However, teachers from IP firm, enterprise, JPO also occupy

a biggest part29.

2.5 IP TRAINING FOR YOUNGSTERS

The IP training activities conducted by INPIT have taken several methods. 27 The information is gathered and calculated from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in

APIC and response of questionnaire from INPIT about the seminars organized in 2008. For it is proved to be

difficult to get exact information from JIPA, JPAA or other training institutes, the results can only be partly

conceived. 28 The information is from the interview with INPIT officials, Feb. 23, 2009 29 The seminar in APIC I have attended, Oct.8 2008-Feb.28 2009

27

Firstly, INPIT has created teaching materials such as a standard textbook and

list of supplementary readings or pamphlets, and distribute them to educational

institutions such as schools. Moreover, INPIT have created instruction manual

for teachers30.

INPIT also organized the patent contest31, and through the contest, INPIT is

cultivating attitudes and mind-sets in relation to industrial property rights.

JIII also organized innovative activities for children and students in primary and

middle school, also including children. In each prefecture in Japan, JIII has set

up innovative club to conduct innovative trainings, besides these, JIII also

organized innovation contest among the children and seminars on the IP basic

knowledge32.

Some of the universities and high school in Japan also conduct IP trainings,

but the behavior has not got the official support from the Ministry of Education.

As to the universities, only a few private universities conduct the IP training for

the students in primary and high school, and such kind of training is also

conducted by some high school as its characteristic33.

Generally speaking, the IP training for youngsters is not only the teaching of IP

knowledge, but also the cultivation of IP awareness.

2.6 EVALUATION

During the implementation of training program, INPIT conducts a five-stage

evaluation of around six-items for each topic. As to the teacher’s evaluation,

INPIT doesn’t have any particular evaluation system, but questionnaires

30 The information from interview with INPIT, Feb, 23, 2009 31 The information from interview with INPIT, Feb,23,2009 32 The information from interview with JIII, Feb.16,2009 33 Public Awareness and IP Education, Tokai University, Feb. 5, 2009

28

completed by participants are used as a reference material34.

There are 3 kinds of evaluation forms used in INPIT. The respondent can

select 1 answer from 5 options “1, 2, 3, 4, 5”. The evaluation form include the

self-evaluation form for the teachers, evaluation form for the effect of the whole

seminar from participants, and the evaluation form for each courses35.

The evaluation form usually refers to 5 factors including the understanding,

improvement, teachers, textbook and time. After the evaluation, the statistic

concerning the 5 factors is gathered and further analysis is outsourced to get

the radar chart for final judgment, and the results of the evaluation are

disclosed to the person concerned including teachers and participants36.

Depending on the related regulations, INPIT will set examinations or stipulate

the submission of reports37.

As the results of evaluation, INPIT sometimes grants certificate, such as on the

training courses designated by law, in which achieving the prescribed

conditions(attendance situation, examination results, etc) is the compulsory

condition for completing the course and get the certificate. The training

courses designated by law are courses stipulated in law for acquiring the

knowledge and abilities required in order to appropriately to conduct the duties

of specific jobs, such as patent examiner and trial examiner38.

To the trainees from outside of JPO, INPIT has conducted the courses for

cultivating personnel who can carry out patent and trademark investigations,

the completion of this course is required for the trainees who will be involved in

34 The information from response of questionnaires to INPIT 35 The information from interview with INPIT, Feb, 23, 2009 36 The evaluation form provided by INPIT. 37 The information from interview with INPIT, Feb.23, 2009 38 The information from response of questionnaires to INPIT

29

investigations in registered investigation legal entities39.

2.7 LONG-DISTANCE TRAINING

INPIT provides long-distance correspondence language courses for

employees of the Japan Patent Office. Till now, INPIT hasn’t conduct any

long-distance correspondence courses for external personnel, however, INPIT

has provided e-learning, although the e-learning is not long-distance

correspondence course, which means the e-learning courses opened to the

public are independent40.

In the meantime, some large-scale corporations in Japan, who usually hire

more than 250 IP staffs, also launch the long-distance training inside. The

courses of such trainings are focusing on the IP basic knowledge, IP

acquisition procedure, and technology description conference, basic

knowledge about patent searching, relation between internet and IP etc41. The

e-learning courses have common characteristic that the contents are relatively

basic and rarely changed.

2.8 training network

As to the training network, it means the integration of all kinds of resources

including teachers, textbook, partners, courses etc in broad sense, however,

here only indicate the integration of partners.

INPIT has taken use of the local patent offices as the partner in each

prefecture when organizing the training seminars in local area. The local

39 The information from response of questionnaires to INPIT 40 The information from response of questionnaires to INPIT 41 The information is from interviews with Japanese corporations, such as Canon, Fujitsu, and Toyota etc.

30

patent offices are under the leadership of the branch offices of METI. 42

JIII has established many branches in local area. In the meantime, lots of

invention clubs are established all over the country.43 It seems that JIII doesn’t

have many cooperation partners during the implementation of program,

however; actually, just taken the invention contest organized by JIII for

example, METI, the ministry of education, JPO, NHK, newspapers, schools

and law firms etc. have all given their support to different extent44, which has

shown a strong network. The impressive information is that the honorary

president is from the royalty, which may be the reason for the abovementioned

phenomena.45

3．．．．SITUATION OF IP TRAINING IN CHINA

3.1 THE GENERAL SITUATION

In 2008, Chinese government has officially issued “National Intellectual

Property Strategy”. Article 59 to 62 is relative to the development of IP human

resources, it goes as follows:

Establish an interdepartmental coordination mechanism and make overall

plans for the development of intellectual property human resources.

Establishment of national and provincial intellectual property expert databases

and professional information networks needs to be accelerated.

Set up several national education bases to train intellectual property

professionals. The training of senior intellectual property tutors needs to be

accelerated. A sub-discipline program on intellectual property should be set up

and the higher education institutions which meet the requirements are 42 Interview with INPIT, Feb. 23, 2009 43 Interview with JIII, Feb.16, 2009 44 The interview with JIII, Feb.16, 2009 45 JIII pamphlet

31

supported to establish programs for conferring intellectual property master’s

and doctor’s degrees. Large-scale training programs need to be organized to

train all types of intellectual property professionals, focusing on training of

urgently needed management personnel and personnel to provide

intermediary services involving intellectual property.

Work out training plans to provide comprehensive training on intellectual

property to Party and government leaders, civil servants, managers of

enterprises and institutions, technical and professional staff, writers and artists,

and teachers.

Improve relevant systems for attracting, exploiting and managing intellectual

property professionals, improve the human resources structure and encourage

reasonable mobility of personnel. In view of the implementation of the Civil

Servant Law, we need to improve the civil servant administration system in

intellectual property administration departments. A professional and technical

assessment system for intellectual property professionals needs to be

established in accordance with the overall requirements of the reform to the

professional titles system of the State46.

In present, besides China Intellectual Property Training Center (CIPTC, the

unique state training base for IP professionals directly initiated by China’s

government), there also are many other departments and organizations who

are undertaking IP training affairs. Such as Personnel and Education

Department in CPO (China Patent Office), SIPO which is in charge of trainings

for patent examiners47.

IP training has been greatly developed in recent years. As the times goes on,

46 National Intellectual Property Strategy Website: http://www.nipso.cn/. 47 The SIPO website, www.sipo.gov.cn

32

now a more structural and scientific training system is taking shape.

3.2 IP TRAINING ORGANIZED BY CIPTC

CIPTC is a state training base for IP professionals directly initiated by China’s

government under SIPO (China State Intellectual Property Office)48.

There are 4 divisions in CIPTC, which respectively are,

Education Division 1, which is in charge of face-to-face national and

international training as well as IP training research,

Education Division 2, which is in charge of long distance IP training,

General Office, which is in charge of paper and personnel affairs,

Management Division, which is in charge of maintenance and running of the

building complex and reception of visitors.

In recent years, the amount of trainees and seminars has experienced rapid

growth.

0

5000

10000

15000

20000

25000

30000

2001

2002

2003

2004

2005

2006

2007

2008

Amount of

Trainees

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

In the same time the seminars organized is also increasing rapidly.

The amount of Training has increased very fast.

48 The CIPTC website, www.ciptc.org.cn,

33

Amount of Seminars

0

10

20

30

40

50

60

70

80

90

2001

2002

2003

2004

2005

2006

2007

2008

Amount of

Seminars

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

From the data, we can make several rough intuitions.

(1) The requirements for the IP training are highly increased, which means

the social IP awareness has been improved a lot.

(2) we can see that in comparison with year 2007, the amount of seminar in

2008 generally keep stable about 80, however the amount of trainees

has highly increased, which directly means that for each seminar, we

are getting more and more participants, which can partly contribute to

the issue of NIPS.

(3) The amount of seminars in 2008 nearly keeps stable as the amount in

previous year. In other words, we can’t keep the expanding trend for

ever, for we have limitations from budget, personnel resources etc. It

may mean that a stronger network needs to be developed which

integrates various resources such as universities, local IP offices,

schools, teachers, etc to achieve greater influence.

CIPTC has very wide range of training programs.

34

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

The classification is very helpful for setting up a pertinent training program for

each field, and based on the classification, the ideal model for the talents in

each field may be developed. Firstly, courses always include various IP theme

group, such as IP application, IP litigation, patent analysis, patent license etc,

so during establishing the ideal model, we can expect particular knowledge

structure through the delicate combination and adjustment of different themes.

Secondly, same theme usually shows different expression in each model

because of the different focus or requirements for each field, such as in the

course of the third revision of patent law, the emphasized content for IP firm

and enterprise must be different. In general, the classification has provided the

strong basis for the IP training or further education research.

Here below shows the training program distribution in each field in 2007.

amount of seminars in 2007 patent examiner

IP agents

enterprise

government official

LLM

adminstrative

department of IPjudge

students

long distance training

Students

Long-distance

training

IP research

roundtable

Judge

Administrative

official of IP

Government

official

IP agents

Patent

examiner

CIPTC

35

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

Because of the close relationship between IP and industry, so we have paid

more attention to the enterprise. Government official and IP agents are also

emphasized.

Interestingly, the distribution of trainees for each field takes on similar look

except long-distance training.

amount of trainees in 2007 patent examiner

IP agents

enterprise

government official

LLM

adminstrative

department of IPjudge

students

long distance training

The data sources the statistics calculated and gathered by the author, CIPTC, 2001-2008.

In the amount of trainees, firstly we can see the training amount of

long-distance training greatly exceeds other fields, which shows the

convenience and popularization of internet among the possible IP trainees and

great function in improving public awareness on IP. Secondly, regardless of

the difference of each field, for each training seminar, there shows a similar

amount of trainees, which can partly reflect that the amount for each training

program may be set up properly to meet with the requirements of each field.

CIPTC also compiled a series of textbooks called China Textbooks of

Intellectual Property, which includes Basic Knowledge on IP Laws, IP Litigation,

International IPR Protection, IP Protection on Digital Technology, Patent

Agents, Anti-unfair Competition, etc49.

49 CIPTC pamphlet “Brief introduction of CIPTC”, page 2.

36

3.3 IP TRAINING ORGANIZED BY LOCAL IP OFFICES

3.3.1 LOCAL IP OFFICE IN EAST CHINA

In China, local IP offices also organize training seminars within their authority.

As we know, Chinese east, middle and west areas now are in different

developing stages. So IP trainings in different region take on different look. As

the economy in the east has been developed to an extent, so it’s possible to

highly integrate the market and society resources including the capital and

talents from various source, and with good investment environment and

emerging knowledge economy, foreign funds may also introduced.

.

The data source from, Shanghai IP office website: http://www.sipa.gov.cn/ , Shanghai IP

strategy

The local IP offices have attached great importance in cultivating the talents

with practical skills which can deal with IP deputy, IP evaluation, IP trade, IP

consultation, IP litigation and IP searching etc. The ideal model of talents

should better have background of engineering，science or law background, in

the meantime, should better master 1 or more foreign language, and be

familiar with international regulations50.

3.3.2 LOCAL IP OFFICE in MIDDLE CHINA

50 Shanghai IP office website: http://www.sipa.gov.cn/ Shanghai IP strategy.

Governme

nt support

Foreign

funds

Social

resources

Market

capital

Local IP

Offices

37

The local office has organized training programs for government official, IP

administrative official, university, research institute.

program distrubution

0%

20%

40%

60%

80%

100%

2001-2005

2006-2010

year

percentage

IPprofessionals

officials

enterprise

The data sources from IP working plan, 2005-2010 in Hubei province, page 1-2, 5-6

In fact, the amount of training program for enterprises has kept stable in

2006-2010. In the meantime, the amount of training for IP professionals and

officials has been improved a lot.

The local office has attached great importance of IP training for enterprise and

professionals. In the meantime, from the figure, training programs for officials

may have the greatest increase, and it is deduced that the key issue in middle

China during the implementation of IP training strategy is still to improve the

awareness of related officials in all levels. The strategy is a little fit to the

country’s present situation, for the awareness of officials directly decides the

district policy and in practical, the behavior of enterprise will be highly affected

by the measures taken by government such as financial, tax encouragement

policies. In another aspect, there exists a R&D trap, which means the

unprecedented risk may ruin the future business of enterprise. The cost of

R&D or the future returns of R&D are usually concerned by the corporations

who are successful through past business model. Although the corporation

with strong technology ability and high-qualified IP has been proved more

successful, the risks need to be reduced by the support from government to

38

enhance the transition of development modality. So it is still very important to

provide IP training for officials in most regions in China.

3.4 IP TRAINING ORGANIZED FOR YOUNGSTERS

Now, china doesn’t have nationwide IP training program for youngsters, except

that CIPTC organizes the IP training program for the teachers in primary and

high school.

However, many districts have conducted IP training for youngsters in various

methods.

Data sources the website of local IP offices in China, by doing searching with the keyword

“IP training” and “students”.

Chinese Guangdong province has conducted strong IP training program for

the students in primary and junior school. The IP courses has been listed in the

routine courses, and specific textbook has been compiled including trademark,

copyright and patent for the students in different grades51.

Now the training for the youngsters is mainly on the dissemination of IP

knowledge, such as what is IP, what is copyright, trademark, patent etc.52

51 Information is from the interview with Local IP offices; Fu Shan city, Guangdong Province. Year 2007. 52 Information is from www.baidu.com, by the keywords “IP training, children or students, or IP activities.”

Contests Pamphlets

Seminars

METHOD

S

39

In practice, there existing many problems in the IP training for youngsters,

such as lack of financial support, lack of stability for the program, lack of

comprehensive nationwide plan. However, such trainings are essential to the

cultivation of IP culture, and new generation with innovative spirit will greatly

upgrade country’s innovation level. And the implementation of the program

can’t rely on the private institute because of no benefit. The government should

better take the responsibility to organized program for public interests and

provide long-term, stable financial guarantee and a platform to integrate all

kinds of resources including local IP offices, schools, inventors, teachers,

support from foreign counterpart etc.

4. DETAILED INFORMATION

4.1 CURRICULUM SETUP

In Chinese official IP training institutes (not including universities), during the

curriculum setup, 3 aspects have been considered, firstly, the field of

participants, secondly the level of participants, and thirdly the possible training

modules for each level in different fields.

The diagram has shown the basic flowchart of the curriculum setup.

Customer analysis

Specify the

purpose of each

course

Tracking the

trainees and

evaluation

Build up the logic

structure

of courses

Implementation the

training program

40

In actually, the possible trainees in China have been roughly classified into 6

groups consisting of trainees from IP administrative department, other

governments department except IP offices, enterprise, IP firm, judicial system

and education system(teachers and students). This classification is the

necessary preparation for providing related IP courses.

Even in same group, different persons may have different levels, so it is also

necessary to classify the courses for one group into different levels. Now, the

trainees in one group usually are divided into 3 levels, the advanced talents,

specialist in one filed of IP, and freshman.

Thirdly, for IP professionals of any kinds of fields (not including the training for

public), it’s better for us to provide the systematic training for one specific topic

to strengthen their understanding and improving there practical skills, like the

theme of IP litigation, IP management in enterprise, patent searching and

mapping etc. Now, the list of specific theme is but not limited to,

The name of themes Courses included

Patent litigation The judgment standards for infringement

American, Japan and Europe litigation

The skills of respondents in litigation

Chinese IP juridical protection

Evidence regulation in IP litigation

IP abuse etc.

IP marketing IP industrialization

License contract

Negotiation skills

Patent evaluation

Patent pledges

IP license trading etc.

41

IP application Patent and trademark application procedure

Patent and trademark examination

PCT application

The drafting of claims

The drafting of statement

The drafting of reply to OA

The drafting of application files in electricity and

mechanic field etc.

IP management Patent map

Patent exploration and defense

Patent strategy

Patent management system in enterprises

The breakthrough of IP barrier etc.

IP documentation and

analysis

Patent searching

Patent analysis of competitors

Patent analysis of suppliers

The SWOT analysis of patents etc.

IP laws and regulations Chinese patent, trademark, copyright, and

anti-unfair competition laws

American IP law

Japanese IP law

European IP law

Jurisdiction interpretation of the Supreme Court

International treaties and agreements etc.

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

Here, the detailed curriculums of copyright or other IP subjects except patent

are not listed. Then, we will see the curriculums in Chinese universities.

The name of themes Courses included

42

IP law and regulations

IP laws

Trips

IP law related to art and literature

IP litigation

Case study

IP protection

IP protection for the software database

IP protection system

IP application

The drafting of patent application files

Patent deputy

IP management

IP evaluation

Patent strategy

IP management

The data sources, investigation report on IP education and talents cultivating in

universities, author: IP academy, shanghai university.

The courses statistic of universities is gathered from 31 universities directly

belong to the Ministry of Education in China. Actually, most of the universities

have set up the courses on the IP laws and regulations, and a few universities

have set up the courses about the IP management, application or deputy.

So, from the curriculum comparison between the training institute and

universities, we can clear see that now training institute in china is more

considering practical skills in IP, in the meantime, universities care more about

the IP theory and related laws.

In other words, universities have played a fundamental role in setting up the

structural knowledge for the students and researching in IP theory and

institutes may provide some substantive skills in dealing with some concrete IP

affairs.

43

4.2 TEACHER DATABASE

In the institutes, most of the teachers are part-time teachers. The teachers are

respectively from IP offices, other ministries related to IP, IP research institutes,

enterprises, universities, juridical system, IP firm and overseas etc53.

The teachers all are the specialist in their field. So it provides a possibility that

the institutes can focus on the IP practical affairs.

During the setup of teachers database, some key factors have been

concerned, including the field the teachers are good at, the teaching

experience, possible teaching field which can be expanded in future for the

teacher, the evaluation results of the teacher etc.54

The data sources the statistics gathered by the author, CIPTC, 2001-2008.

The figure has shown that the institute in China has teachers from many

sources, the officials in IP offices and related ministries have taken the biggest

part in the teacher composition. In the meantime, the teachers from

enterprises are rarely in total because of 2 possible reasons,

(1) Most of enterprises in China haven’t accumulated intensified awareness or

practical skills on IP.

(2) Some of enterprises in China are good at using IP, however they won’t 53 Data source from the curriculum pamphlet published by CIPTC in 2007. 54 The database is set up and managed by author since January 2008.

DISTRIBUTION OF PART-TIME TEACHERS

IP offices

Other ministries

Universities

Enterprise

Research institutes

IP firms

Juridical system

Overseas

44

teach others because of trade secret.

In the 31 universities, there are 148 full-time teachers and 61 part-time

teachers, in which 15 universities own part-time teachers.

\

The data sources, investigation report on IP education and talents cultivating in

universities, author: IP academy, shanghai university.

part-time teachers source distribution

IP adminstrative

office

judicial department

enterprise and

intermeditary

organization

others

The data sources, investigation report on IP education and talents cultivating in

universities, author: IP academy, shanghai university.

So the majority of the teachers in universities are full-time teachers, they are

usually more focusing on the researching of IP theory or law.

4.3 TRAINING METHOD

4.3.1 FACE TO FACE TRAINING

Face to face training is used in most of training programs in China. Now, firstly

IP knowledge, especially basic knowledge, which includes the function,

full-time teachers distribution in different

education method

compulsory course

alternative course

seminar

45

principal, article of related law of IP, may be more clearly apprehended by the

training methods. Secondly, Face to face training is very important to help the

trainees to build up a systematic structure about IP. Thirdly, other training

methods may arise high-qualified requirements to teachers, because of the

questions given by the trainees usually exceed the scope of the courses and is

difficult to control during the teaching process. Fourthly traditional training

method usually can bring sense of belonging to the participants. So in china, it

is reasonable to stick to the method in most of the programs. Meanwhile,

interactive characteristic are need to be more emphasized, such as discussion,

participant’s report etc.

Before a face to face training program, the teachers will receive requirements

about the courses, and make a power point in advance. During the courses,

the teachers will make speech with the power point, and usually the course will

last for 3 hours, and at the end of the courses, 10 minutes will be left to

trainees to ask some questions.

4.3.2 TRAINING ON THE SPOT

The methods of training on the spot usually include the visit to SIPO or other IP

administrative departments, IP firm, IP department in enterprise, and courts etc,

also include the practice of IP searching or drafting of IP application files etc.

Training on the spot is usually a helpful complement to face-to-face training, for

IP in general is a very practical theme. Ordinarily, the receiver usually will

arrange the dialogue period or a small-scaled seminar for the visitors. The

questionnaires are also usually prepared in advance.

The visit to SIPO usually concerns patent preliminary and substantive

examination procedure, patent documentation, and so on. Before the visit, the

concerned topics sometimes are not needed, for the objective of such visiting

46

is usually obvious, and an official will be assigned to interpret the working

procedure. The visit to IP firm and IP department in enterprise usually need a

questionnaires or a tough list of topics concerned by visitors. The visit to court

usually refers to auditing a court trial, so pre-confirmation and selecting of

cases are always considered.

The practice of IP searching and drafting of IP application files are usually after

a series of courses interpreting the theory or skills of related content. This kind

of practice is usually used to strengthen the understanding of trainees, and

helping the trainees to get some practical experiences.

4.3.3 CASE STUDY

There are at least 2 ways of case studies used in Chinese IP training practice.

First ways is role-play method，in which every trainees will choose a role in

advance, such as plaintiff, defendant ,lawyer and judge or juror. The role play

usually arise great interests from participants, because it will bring the sense of

responsibility, and participants will not just be a negative receiver, but also an

active explorer. However, during the process, it is better to have teachers to

assist the participants when needed.

The second way is problem-solving method. Different from traditional IP

training, the teachers are not rather expected to just make presentations on the

knowledge or solutions, however, only to provide a case material in IP field,

guide the participants to give the solving method by themselves, and at last

make evaluations. During the education procedure, participants are usually

divided into several groups.

The advantages of case-study training are very obvious:

(1) The participants will be more positive.

(2) It will greatly improve the problem-solving skills of trainees.

47

(3) It will strengthen the understanding of the knowledge, and the participants

will find the defects of their IP knowledge structure more easily.

(4) It will reflect and take use of the participants’ past experience.

(5) It will strengthen the communication and cooperation among the

participants, so they can learn from each other and greatly broaden their

vision.

However, case study is not widely used in IP training practice because of many

limitations. Firstly, for the case study, proper case material for discuss is not

easy to be prepared, in which “proper” means for the case, there must exist

possibility of various feasible solutions, and solutions are expected to take use

of the past experience and newly-learned knowledge of participants. Secondly,

the case study needs high-quality teachers with comprehensive knowledge

and practical skills because the discussion usually exceeds beyond the preset

objective of seminar and there exist several of unexpected situation during the

Q&A, and teachers should have the ability to guide the participants and

monitor the process of seminar. Thirdly, the participants also need to have a

good structure of IP knowledge to be able to attend discuss.

4.3.4 The RELATIONSHIP BETWEEN ROUTINE AND LONG-DISTANCE

TRAINING

As mentioned above, the IP training institute in China has routine training and

long-distance training as well.

Since the establishment of the long-distance learning program in 2002, 6

courses have been opened – Basic Knowledge on IP, Patent Documentation

and Searching, Copyright, Anti-unfair Competition, Practice of Patent Agents,

International IPR Protection. 10 sessions were open and 17,848 persons

studied IP through long-distance education. Besides, 12 sessions of WIPO

48

DL101 Course were open with over 5,000 students.55

Based on the practical experience, the advantages of long-distance training

are as follows,

(1) No limitation on time, and place

(2) High flexible courses

(3) Low marginal cost

(4) The trainees can control the studying process very easily, and they can

repeat studying some chapter for many times.

(5) Combined with digital library and online information service, more learning

material can be provided as a supplement.

(6) Easy to track the trainees in the internet.

The disadvantages of long-distance training are as follows,

(1) Related devices are needed

(2) The learning processes are easy to be interrupted.

(3) It’s uneasy for somebody to communicate through information technology

(4) Lack of sense of belonging

(5) Difficulty in mutual communication between teacher and students

(6) The manager of the program should master the training modules.

“Sense of belonging” and “good communication environment” may be the key

importance for face-to-face training. However, long-distance training is lack of

such characteristic. In other hand, long-distance training may be widely used

for public dissemination, for it has born advantage to spread knowledge

rapidly.

4.4 Evaluation

The evaluation in China refers to education contents, education method,

55 CIPTC pamphlet “Brief introduction of CIPTC”, page 2.

49

education devices, and program management etc. However, there is no

particular evaluation system on teachers, but we take use of the response from

course participants as a reference material.

The evaluation can be also done by the general statistics, such as the amount,

the composition of participants, total time of the program, and the opinion on

further improvement from participants etc. Furthermore, for a complete or new

program, the summary report is always provided.

4.5 training network

As to the Chinese institutes, the training network is a little like the situation of

INPIT. Usually, the training program held in local place usually needs the

assistance with local IP offices; however, the network now still seems loose.

Another kind of cooperation is the cooperation between different departments

in SIPO. Just like the cooperation between CIPTC and Documentation

department on the training program about patent searching, or the cooperation

between CIPTC and Chinese patent attorney association on the training

program about patent deputy etc.

5. GENERAL COMPARISION BETWEEN CHINA AND JAPAN

In general, we have some similarities in IP training systems between China

and Japan. Firstly, we both emphasize the IP training and human resource

cultivating in our national policy. Both sides recognized the great importance of

IP human resources in the whole IP circle.

50

In this circle, IP human resources have provided basic support to all aspects.

Secondly we both have paid more attention to raising the public awareness,

cultivating the IP professional and high-ranked talents as well. To rising up the

public awareness should be a long-term objective, for it will take time to

change the people’s idea and shape a new culture of respecting and

encouraging the innovation, and it is more realistic and urgent to cultivate IP

professionals in each field, like IP examination, IP deputy, IP litigation, IP

management, and IP marketing etc, and of course high-ranked talents are

crucial for the competiveness of the country’s industry.

Thirdly, in the training for the IP professionals, we both set up some specific

themes for different requirements, such as the training programs for examiners,

investigators, enterprises, etc. Then, for both sides, we all have set up plan to

make ideal model, especially for IP professionals in each field.

IP management

IP utilization IP protection

IP creation

Public awareness

IP professional

High-ranked

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Fourthly, both sides mainly use part-time teachers in institutes.

Fifthly, both sides set up annual plans, and during the implementation, the time

and place of the seminar sometimes will be adjusted according to actual

situation.

We also have many differences. Firstly, China’s IP training has more

characteristic of government’s behavior in general. The IP trainings are mainly

conducted by SIPO and its subordinate organization, or conducted by local IP

offices. However in Japan, except INPIT, IP trainings are mostly conducted by

independent associations with the member of enterprises, and law firms,

universities or other private institutes. Government is usually proved to have a

strong ability to integrate various social resources, especially in China; And

Japanese IP training entities are usually be thought more sensitive to the

needs of market. Considering the different background in both sides, IP

training should be insisted as the program for public interest and it is very

difficult for benefit-oriented institute to keep balance between income and

expense, so government should better proceed to play an important role in IP

training;

Secondly, the institutes in Japan are more specified in 1 or 2 fields. On the

contrary, the institutes in China have no obvious specified field. Usually, the

institutes will be responsible for IP training in each kind of IP field with various

topics. For example, in Japan, INPIT is more focusing on the training for JPO

officials with courses of IP examination and searching, JIPA is more focusing

on the training for the staff in enterprise and law firm with the courses of IP

management, JPAA is focusing on the training for the IP agent, and IPEA is

responsible to organize the exam to test the ability of IP practical skills. On the

contrary, Chinese institute seems more comprehensive. Combined with the

specific fields and close relationship with enterprise or IP firm etc, it is deduced

52

that the Japanese institute may have a high sensitiveness.

Thirdly, training institutes in Japan pay more attention to the evaluation of

students and teachers. Such as, in Japan, the evaluation on participants is

highly considered like self-introduction, self-evaluation after study, report etc.

And the evaluation will be done to every course in the program, which can

provide more clear reference to the teacher evaluation. In the meantime, the

evaluation in China more emphasizes the evaluation of overall effect.

Fourthly, the enterprises in Japan, especially large enterprise, usually have

their own IP department and IP training system, however, most of Chinese

companies seems still are lack of such ability..

Fifthly, in China, the needs for IP training among the different regions show

high discrepancy. So when setup nationwide training plan, the issue about

development level, basic structure of economy, the situation of public IP

awareness in the region, such as awareness of officials, enterprises,

consumers etc and the IP recognition and utilization level should be

scrupulous considered. However in Japan, the discrepancy in different

regions seems not obvious.

53

CHPATER TWO

PURPOSE AND HYPOTHESIS

1. DETAILED COMPARISON

1.1 TRAINING METHOD

During the comparison of training method, firstly the training methods taken by

both sides are largely same, such as face-to-face training, training on the spot

etc. So the biggest difference lies on the usage of the training method.

Generally speaking, the Japanese style takes on a more flexible image.

For example, in practice, the seminar in Japan sometimes takes the form of

combination of face-to-face training and case study. In the beginning some

material about IP management or IP litigation case may be given to the

participants, after about 2 weeks face-to-face training, the discussion in the

final day may focus on the respective solution given by each person or group,

which strengthen the understanding on knowledge of participants through the

utilization.

In Japan, in most seminars, discussion and other kinds of communication

methods are highly emphasized, such as the participants usually need to make

a report about his or his country’s situation, or make a report on what he has

learnt from the seminar.

1.2 CURRICULUM

The curriculum setup in both sides seems to be similar. They both have

54

courses in different levels, and related programs for each fields.

IP training institutes in China usually have more widely source of trainees, just

like government official, students, IP agent, the leaders of state-owned

enterprises etc. However, the institutes in Japan usually focus on 1 or 2 fields.

The difference also existed on the curriculum setup procedure. Such as INPIT,

most of their staffs used to be patent examiners, so it is relatively easier for

them to know the requirements for related training, from the introduction

above-mentioned, the training in INPIT are mainly related to patent

examination and searching. And Such as JIPA, most of their staffs are from the

enterprises or law firms. In the meantime, JIPA itself is the association of

enterprises with financial assistance of law firms, so they also may know

clearly the requirements of possible trainees.

Then, institutes in both sides take use of different procedure during curriculum

setup. In the institute, all kinds of training for each field may be considered

systematically. In the meantime, the staffs in the institute have a strong ability

in organization and management of training programs, but not usually have the

background of IP knowledge. This modality, in comparison with Japanese style,

will be proved more effective in some way, because, firstly, education

resources can be well integrated, like partners, teachers, devices etc,

especially for the current situation that the training resources is not enough.

Secondly, the general curriculum may be considered in total more logically etc.

In other words, the institutes will also face some problems in the investigation

of real requirements. For firstly, the institute is founded by government, so it

may exist a distance to be sensitive enough to the social needs especially the

needs from industry, Secondly, the staffs in institute usually don’t have

background of IP, so it has added more difficulty during the evaluation of the

55

courses. So it is more urgent for Chinese institute to establish more effective

evaluation system or investigation and research group to give strong support.

Alternatively, such investigation and research group also can be outsourced.

1.3 TEACHERS

In both sides, the teachers are mainly part-time teachers.

There are also some differences. Firstly, the sources of Japanese teachers are

more concentrated on IP practical fields. Chinese teacher composition, in

comparison with Japanese, seems more versatile, such as in China, there are

many teachers from research institute and judicial branches.

Secondly, in Japan, the IP litigation or related courses are mainly taught by IP

agents, who usually have 10 years more experience in the field. Meanwhile in

China, such kind of course is usually provided by judges.

Thirdly, in China, the percentage of teachers from universities is much bigger

than Japanese, and interestingly, a great number of teachers dealing with IP

education in Japanese universities used to work in JPO or IP department in

enterprise, which means Japan, may have more tendencies to provide IP

training about practical affairs. For instance, like TIT, all professors have the

long-term working experience in JPO or IP department of enterprise.

1.4 IP TRAINING FOR YOUNGSTERS

In both sides, the IP training for youngsters has been provided and

emphasized. Meanwhile, the methods taken are also similar, like seminars,

some training program for the teachers in primary and junior school, pamphlets,

contest etc.

56

And it is proved difficult to introduce the IP training into the routine courses.

The Education Ministries in both sides don’t advocate the suggestion till now.

Interestingly, it is deduced that JIII has well organized the various resources,

and in the meantime, kept a high-ranked independence.

There are a little more differences between 2 sides. Firstly, in Japan, JPO has

done some efforts on youngsters training through INPIT by distributing some

materials to the school or holding some seminars. In China, there is no official

material has been particularly edited for the youngsters nationwide.

Secondly, the IP training for youngsters in Japan has been a nationwide

activities contributing to JIII with the assignment from METI. JIII has set up

many clubs in almost all districts in Japan to launch the innovation education.

And in China, such activities seem more scattered and not systematic.

Thirdly, the organizer of such training in China is usually conducted by local IP

offices, and if the training takes the form of routine courses, then the support

from education administrative department should be provided like Guangdong

province. In Japan, such as a few private universities, they may do the training

without the cooperation of education administrative department. However, it is

only the exception rather than the rule.

The focus is a little different. As now, Chinese IP training for youngsters is

more focus on the IP definition or protection, and Japanese takes on various

look, such as JIII’s innovation club which focus on the cultivation of innovation

spirits, JIII’s seminars which also focus on the IP law, and some High school’s

which focus on the recognition of counterfeited goods and IP function on

business.

57

1.5 Training network

JIII has shown a strong training network as abovementioned, which may be

exceptional among the Japanese institutes. In general, Chinese institute has

shown a similar situation as in INPIT. Both sides have the support from the

branches of patent offices; however, the network both seems not very stable,

such as for both sides, the training programs in local area are usually changed,

such as time, place, plan etc.

2. The characteristic analysis of IP training institutes

2.1 The common characteristic with general legal entities

From the above description, we can see clearly that Japanese institutes

usually have a clear location of function. Such as INPIT, their core

competiveness is the program on IP search and examination, in the meantime,

the teachers are always from JPO, and they also take use of the local IP

offices as outside partners. JIPA mainly focuses on the IP management in

enterprise, for it is mainly consisted of enterprise members, so to serve the

members for common benefit is its location. As to CIPTC, the responsibility is

to training the IP professionals and promoting the public awareness nationwide,

so it is required to provide various training programs for different possible

trainees.

Japanese institutes, especially INPIT and JIII, seem have good integration

ability and strong training network. As to INPIT, he has established good

cooperation relationship with local IP offices. JIII seems have stronger

integration ability, especially in the IP training program for the youngsters.

Chinese institutes also seek the cooperation mainly from local offices, as the

location abovementioned, China institutes may be thought have strong

potential to establish more wide training network.

58

Both sides makes training plan annually and do evaluation and investigation in

some extent.

Both sides emphasized on the quality requirements of staffs.

As we know, organizations usually concern 3 aspects, the strategy which

emphasize on the analysis of core competiveness and self-location;

implementation, to implement the strategy effectively (including the group

building) and influence, especially for the corporations who care more social

benefits. So we can see for the institutes, from the above comparison, strategy,

implementation and influence are also important issue.

So, as to the IP training institutes, based on the above comparison and

description, the clear location, strong integration thereof wide training network,

the flexibility and high implementation ability can be thought as key factors.

2.2 The common characteristic with general education institutes

The factors to measure general education institutes are usually the curriculum,

the teachers, and the education evaluation and research ability. So we can see

from the comparison that these factors also play an important role in the

measuring of IP training institutes. For both sides have specified courses and

made evaluations to the teachers in various ways.

2.3 The particular characteristic of IP training institutes

Each institute has set up specified courses which indicate the specialty of IP

training.

Each institute has more focused on the practical skills not only the research of

IP theory which indicates the practicality of IP training.

59

As abovementioned, IP refers to many fields such as law, economy, society,

technology etc. So IP training also have a particular cross-disciplinary

characteristic.

As IP has close relation with different fields, so it will usually change with

different factors, such as government policy, economic development level or

latest trend of international IP situation etc. So flexibility should be more

emphasized.

3. KPI, SWOT ANALYSIS AND HYPOTHESIS

3.1 KPI FOR MEASURING IP TRAINING INSTITUTES

According to the comparison and the analysis on characteristic

abovementioned, in the measuring of IP training institutes, there are 3

important indexes concerned. The first one is strategy index, the second one is

influence index, and the third one is implementation index.

Here given the definition of 3 indexes,

The strategy index in the context is explained as the utilization of resources

possessed by IP training institutes to develop the particular core competency.

The core competency can’t be imitated or replaced by the competitors. Then

the concrete procedure to establish the core competency is 1) locating 2)

options 3) balance.

The influence index in the context is explained as the entire image in some

scale for some targets.

The implementation index in the context is explained as the implementation of

strategy to get anticipated effects.

60

The parameters which may affect the strategy index of IP training

institutes may include,

(1) The ability of requirements investigation for each fields in different

level and district

As to the ability, the relationship between the training and trainees should

better be established, such as some mechanism like effective investigation

(questionnaires or investigation on the spot), well-designed evaluation form for

all stages during the implementation of training program etc.

(2) the ability to start new program

This ability is highly connected with the ability of investigation. Furthermore, to

start a new program also need pre-preparation about corresponding teachers

etc.

(3) The integration ability

(4) The flexibility

(5) Sensitiveness to the policy environment of government

(6) Widely support from partners

For IP is a fast-changing field, the requirement for IP training also keeps

changing accordingly. To keep a high sensitive and adjustment ability is very

important. As to the ability, investigation or evaluation and support form partner

are crucial factor national and international.

The parameters which may affect influence index of IP training institutes

include,

(1) Variation of budget and training scale

As abovementioned, the IP training in China is mainly public business, so to

launch a long-term program, especially the program to raise the public

awareness, sufficient and stable financial support is very important, especially

the support to partners such as local IP offices. Furthermore, the expanding

budget and training scale of course symbolized the enlarging influence of IP

training institutes.

61

(2) The acknowledging extent of the training program. (by the trainees)

(a) For the IP professionals (b) For the public

The acknowledgement can take many forms, such as the function of certificate

in industry, the reputation in IP field, or the well-know institute’s name among

the public, and the acknowledge extent of related employers.

(3) The function and investment of propaganda

As JII, during the invention contest activities among the children, NHK or

newspaper have been invited and propagation makes the activity well-known

to the public.

(4) Strong and effective training network

The network may include local IP offices, schools, universities, other ministries,

associations, media etc. The strong and effective training network will help the

institutes to enforce its influence in wide region and new field. As noted, it is

impossible to provide IP training national, for China is so large a country.

Furthermore, especially when launching a new program and entering into a

new field such as program for children, such kind of network is crucial factor.

(5) Widely-accepted textbook

These parameters in total will show the outer influence of the institutes. They

may provide outer standard to judge the situation and influence more precisely.

The parameters which may affect implementation index of IP training

institutes include,

(1) The qualification and further education of staff

Qualified staff will directly affect the implementation effects of the program. For

the staff will be responsible to analyze the statistics or feedback from

participants, and be responsible to make clear the logic relation among the

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courses, understanding of IP knowledge is important. Also for the booming

international exchanges, language ability also may be thought as important to

get more information and reference from foreign counterpart.

(2) The complete and systematic curriculum

The curriculum is the core competiveness for IP training institutes.

(3) The duty distribution way

Single management, group management or cooperation method with outside

partners should be decided for each program. Proper duty distribution will be

helpful to the implementation.

(4) Good evaluation system

This parameter is highly related to the flexibility and curriculum setup of the

institutes.

(5) Qualified teachers

The parameter will directly affect the effect of seminar. For the parameter, firstly,

evaluation system of teachers should better be established. Secondly, the

special budget or mechanism should be provided or established to explore

new qualified teachers. Thirdly, teacher database should better be set up and

well-managed.

(6) Good and mature organization procedure

Good and mature procedure will standardize the inner management and

reduce the management cost, also can ensure the uniformity or quality of

same program during the implementation.

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3.2 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN JAPAN

3.2.1 THE STRENGTH

The strength of Japanese IP training institutes are as follows,

Firstly, The staffs in IP training institutes in Japan mostly have related

background, or some organizations like JIPA itself is an association of the

enterprises, so they have a direct connection with the possible trainees, then

have an advantage in flexibility, which means they are more easily adjusting

their training plan according to the real needs. Meanwhile, the curriculum may

meet with the requirements of IP professionals in each field which means high

curriculum-setup ability. In general, the IP training in Japan are more inclined to

provide proper IP practical skills. Secondly, Japan has a mature official exam

system which greatly enhances the development of IP training, such as the

exam for examiners and appeal examiners, exam for patent&trademark

investigators, exam for IP agent, and exam for IP professionals organized by

IPEA. Thirdly, the training methods taken by the institutes are more flexible

because of good self-location with related background. Fourthly, the IP training

institutes has a mature evaluation and adjusting system.

3.2.2 THE WEAKNESS

The weakness of Japanese IP training institutes are as follows,

Firstly, there are 7 IP training legal entities in Japan. For each institute, they

have 1 or 2 specific fields. So it is will add many difficulties in coordination

among different institutes, and it may add difficulty to consider the curriculum

systematically, for each IP topics have their inherent relationship, such as the

requirements for IP agent also include the knowledge about IP examination

and IP management in enterprise. Secondly, the education resources also

have limitations for each institute, such as uniform textbook, co-shared

teachers, the complete tracking of the trainees etc. Thirdly, it’s very hard for the

64

training institutes to provide training for the government officials, especially the

IP related government except patent office. Fourthly, the private nature decides

that it may be more difficult for institutes to take use of public resources such

as administrative resources, so it will take more time or energy to set up the

training network in every district of the country.

However, there also is exceptional such as INPIT and JIII. INPIT has got strong

support from JPO, and can take use of the local IP offices to launch the training

program and establish the training network in some extent, and the training for

the government officials is also conducted. JIII also has got support (non-

financial) from administrative office, schools, enterprises and other institutes,

partly because the president of JIII is from Royal.

3.2.3 THE OPPORTUNITY

Firstly, Japan owns large number of invention patents. In 2003-2005, Japanese

government focused on the reform of organization setup, and strengthened the

cooperation between industry, academy and government. Since 2005,

Japanese policy more concern on uplifting the utilization efficiency of IP and

improve the international competiveness through IP exploration. Such as

Japanese patent strategy is now changing from “patent net” into “basic patent”

strategy. So there exist big needs in total for the cultivation of IP human

resource.

Secondly, Japan has large amount of overseas applications and international

market share. The IP marketing or license, technology transfer and investment

in foreign countries are highly encouraged by the government56, so it is

necessary to know about the IP system or related revision in other developed

countries or developing countries with booming economy and increasing

56 Ministry of Foreign Affairs of the People’s Republic of China

http://www.fmprc.gov.cn/chn/wjb/zzjg/yzs/gjlb/1281/1281x0/default.htm

65

market volume. So, it means large IP training needs in the future.

Thirdly, IP training institute in Japan has comparative advantage in more

specified curriculum and professional teachers in some field, such as IP

training for children.

Fourthly, based on political system, IP training institutes in Japan such as JIPA

always can exert influence on government’ policy. Fifthly, for the institutes

usually are delegate of industry or IP agency, they usually can reflect the real

needs to the government.

3.2.4 THE THREAT

For each institute, the threat may be the mal-function possibility of the

coordination mechanism, for maybe, some institutes would expect to expand

its activities scope.

Additionally, the economic crisis may last for a long time, and it will affect the

R&D investment of corporation, and then the budget of IP firm, IP department

in enterprises etc.

3.3 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN CHINA

3.3.1 THE STRENGTH

The strength of IP training institute in China is as follows,

Firstly, because of strong support from related leaders and administrative

department, the IP training institute has a good development environment. By

the support, the institute has the chance to integrate the various education

resources, like teacher, human resources, and local education organizations,

66

textbook, and diversified training policies in different region.

Secondly, the IP training institute has program for wide range of fields. So it is

possible to set up the training program systematically, which means the

inherent logic relation between the different fields and themes can be more

concerned or well-balanced. And under this organization, it is easier to

strengthen the communication between the IP talents in different fields.

Thirdly, the IP training institute has a more systematic curriculum, which

includes IP application, IP examination, IP litigation, IP management, IP

administrative protection etc in 1 institute. So it has provided possibility to

coordinate the focus of each seminar.

Fourthly, the IP training institute has a large scale in the amount of trainees,

which means the institute has owned good basis for further influence on IP

training field, also it can provide enough data for further analysis through the

tracking and evaluation.

Fifthly, the IP training institute has high-qualified part-time teachers.

3.3.2 THE WEAKNESS

The weakness of IP training institute in China is as follows,

Firstly, the training needs especially needs from enterprises are still under

developing.

67

Most of enterprises in China now are mainly on or below the first

stage----increasing the quantity of IP, which means the awareness of the

enterprises is improved quickly recently partly contributing to the policy from

government. However, only a few of enterprises have arrived at the second

stage where IP quality is more concerned. Meanwhile few companies have got

to the third stage, where the company can make profit though the IP marketing

such as license, technology transfer and blocking the competitors etc. None of

the enterprises in China are in the stage 4 which can profit mainly on IP

marketing like IBM. The situation decides that IP training in China, the needs of

IP training from enterprise are versatile and generally staying in a primary and

intermediate level. Meanwhile, teachers who have long-term experience in IP

department of enterprise are rare etc.

Secondly, the traditional culture, especially Confucian, emphasizes on the

sharing and medians living attitude. Meanwhile, IP system needs a competition

and limited-monopoly social environment and a culture of respecting the

talents and innovation. So, there will be many difficulties to change the

traditional customs rooted in society.

Thirdly, the direct communication to the possible trainees, especially trainees

from enterprise should better be further developed.

1

2

3

4

Stage-4:IP-orient

ed company

Stage-3:IP profitable

aggressive

Stage-2: Focus on IP

quality defensive

Stage-1: Focus on IP

quantity

68

Fourthly, the exam system in China is not complete yet. Now china has exam

for examiners, appeal examiners, and IP agent. But the exam for IP

department in enterprise has not been established, and no exam has been set

up to test the IP practical skills such as IP management in enterprise..

3.3.3 THE OPPORTUNITY

The opportunity of IP training institute is as follows,

Firstly, the domestic application of invention patent, utility model and industrial

design keep a rapid increase in recent 4 years.

0

50000

100000

150000

200000

250000

300000

350000

2005 2006 2007 2008

invention patent

utility model

industrial design

Data source from SIPO website: www.sipo.gov.cn

The application amount may not reflect patent quality, however it can reflect

the social awareness about IP has been improved a lot. So accordingly, the

total needs for the IP training will also increase.

69

0

50000

100000

150000

200000

2005 2006 2007 2008

Statistics about invention patent

application(domestic)

domestic

application

foreign application

Occupation

application(domest

ic)

Non-occuapation

application(domest

ic)

Data source from SIPO website: www.sipo.gov.cn

From the figure, we can know that the domestic patent applications (only

invention patent) has increased much faster than foreign applications, so more

and more Chinese people have begun to take use of IP system.

The occupation application also increased much faster than Non-occupation

applications (domestic invention patent), so it can be deduced that the quality

of patent are highly improved. There is an example which can further prove the

positive changes in Chinese patent application, such as Hua Wei

Communication Corporation, in 2008; the amount of PCT application of the

corporation has occupied the 1st place in the world, which may reflect the

increasing patent quality in China.

Secondly, Chinese government has officially issued “National Intellectual

Property Strategy”, the strategy has put great emphasis on the cultivation of IP

human resources. And till year 2020, China has an objective of building up

“innovation-oriented countries”, which also need the support of strong human

resources.

Thirdly, in 2009, for the global economic crisis, China has laid more attention

70

on the domestic requirement, upgrading and transition of economy, then more

investment and financial support has been promised for the self-innovation, so

it will greatly enhance the IP utilization, which need great number of IP human

resources.

Fourthly, among the institutes or between the institutes or schools and local IP

offices etc., a strong IP training network may be established.

3.3.4 THE THREAT

Firstly, more and more institutes and social organization has participated in IP

training affairs. In one aspect, it will provide new challenge to present institute,

in another aspect, because the criterion of IP training has not been established,

so the field of IP training may be out of order.

Secondly, the country is too large for building up a precise feedback and

evaluation system, for the situation in different region is wholly different.

4. HYPOTHESIS

According to the general and detailed comparison, the hypothesis has been

put forward. The core competency of IP training institute includes 3 aspects:

the strategy ability, the implementation ability and the influence ability.

To improve the abovementioned abilities, an effective information-gathering

and evaluation mechanism should better be established.

To ensure the quality of IP training, we need a mature and systematic

curriculum consisted of various IP themes in different levels, and flexible

training methods may be taken.

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To strengthen the implementation ability, strong training network and staff

with IP background are needed. If the staff doesn’t have such background,

then special training for the staff is needed.

To improve the influence, the unified and widely-accepted textbook and

good public program will do great help.

As to Chinese institutes, the most advantageous resources possessed

may be the supreme status nationwide, which provide the basis to

integrate various resources.

5. METHODOLOGY

5.1 THE RESEARCH PROCESS

The research has experienced 8 stages:

(1) To gather information from all kinds of materials, and know about the

general situation of IP training in Japan, like JPO’s policy, 7 private training

institutes etc.

(2) After the first step, to conduct interviews with several organization or

institutes, to get more detailed information about IP training.

(3) To roughly get some KPI (key performance index) for a successful IP

training institute, and make a list of parameters which support each elements

of KPI.

(4) According the parameters used to support KPI, make questionnaires to get

the attitude from 100 SMEs.

(5) Comparison study between Japanese and Chinese Institute, and make the

SWOT analysis of the 2 sides.

(6) To give hypothesis according to the results of comparison.

(7) Check the hypothesis by the statistics results of questionnaires.

(8) To make conclusions and recommendations.

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5.2 THE RESEARCH METHODS

I have taken following methods on the research of my theme.

(1) Comparative study of the situation in China and Japan on IP training.

(2) Questionnaires have been sent to the 100 SMEs, and IP training institutes

in Japan, such as INPIT.

(3) Interviews with IP department in enterprise, IP firm, IP training institutes,

and high schools who has IP training courses.

(4) Visit the website of JPO, INPIT, JIII, APIC, JIPA, JPAA, IPEA etc.

(5) Documents such as annual report of JPO, brief introduction of INPIT, JIII,

APIC, JIPA, and some universities etc.

(6) Attending various kinds of seminars which refer to patent application,

examination, documentation, management, litigation, administration

and protection etc.

(7) According my working experience and apprehending of IP training.

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CHPATER THREE

INTERVIEWS AND ANALISIS

1. GENERAL SITUATION OF INTERVIEWS

1.1 INTERVIEW TO INPIT

Respondent’s Information

Full name: Shigeki Tsukuba

Position: Deputy Director, Human Resource Development Division

Company: National Center for Industrial Property Information and Training

I Questions about staffs

1. What’s the personnel composition of staff in your institute,

especially the background of the staff, such as bachelor of

education, examiner experience, or having the certificate of lawyer

and patent attorney or else?

The National Center for Industrial Property Information and Training

(hereafter referred to as INPIT) has a total of 101 employees (as of April

2008), who mostly have experience of working for the Japan Patent

Office. Of these, a number have experience as patent examiners.

2. Is there any further-study program for the staff in your institute

and systematic training program for the new-comers?

*No

II Questions about the curriculum

3. What’s the curriculum system in your institute such as classified

by trainees or classified by the IP topics (IP application, IP

management in enterprise, IP litigation, documentation, IP

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administrative management, IP relative law and regulation etc.), if

classified by trainees, please indicate me the classification of

trainee (IP officials, IP staff in enterprise etc.), or if classified by IP

topics, please indicate me the classification method. If possible,

can you provide me the curriculum database to me?

*Please refer to the attached document (list of planned courses) for

details of training courses for external personnel.

4. How does your institute develop and perfect the curriculum? is

there any special group in charge of and adjusting the curriculum,

if any, what is it? Is there any special procedure to evaluate and

adjust the curriculum? If any, what is it?

*There is no special department for this.

III Questions about the teachers

5. Does your institute have any statistics about the composition of

teachers, such as the amount of teachers from JPO, enterprise, IP

agencies, universities etc, and the age distribution of the teachers,

such as in 20-30 years old, how many teachers, 30-40 how many

teachers,40-50 how many teachers.

*None in particular.

6. Does your institute have any plan for the training of teachers(TOT),

which is to improve education skills of the teachers, and does your

institute have any plan to explore and cultivate young teachers, if

any, what is it?

*No.

7. Does your institute have any overseas teachers, is there any

system set up to provide financial support for exploring overseas

teachers and native teachers.

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*There are no overseas lecturers.

8. According to the classification of IP topics in your institute, how

many teachers in each IP topic.

*INPIT does not have any full-time lecturers. We request external

lecturers and Japan Patent Office staff for each particular course topic.

9. How does your institute evaluate the skills and level of teachers,

and is there any special evaluation form and index.

*There is no particular evaluation system, but we do use questionnaires

completed by course participants as a reference material.

10. When your institute starts a training program, is there any

requirements provided to teacher about the content of courses,

such as the tips of the course. If any, what is it?

* If necessary, we explain to the lecturer the content that we wish them

to explain in particular, from the perspective of the objectives of the

course and the division of labor with other course topics.

IV Questions about the evaluation

11. Is there any self-evaluation form for the participants of training

seminars, if any, what is it?

*Depending on the course, we conduct a five-stage evaluation of

around six items for each topic.

12. Is there any evaluation form for the teachers, if any, what is it?

*There is no particular evaluation form. (Please also refer to the

response to question 10 above.)

13. Is there any examination or other evaluation methods for the

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participants?

*Depending on the course, we set examinations or stipulate the

submission of reports.

14. Is there any certificate for the participants, and whether the

granting of certificates is based on the results of evaluation or

examination?

*On training courses designated by law, achieving the prescribed

completion conditions (attendance situation, examination results, etc.)

is the compulsory condition for completing the course.

Note: Training courses designated by law are courses stipulated in law

for acquiring the knowledge and abilities required in order appropriately

to conduct the duties of specific jobs, such as patent examiner and trial

examiner.

15. Can you indicate me the influence of the certificate provided by

your institute, if any?

*With regard to the course for cultivating personnel who can carry out

investigations, which is one of the training courses for external

personnel, the completion of this course is required in order to become

involved in investigations for registered investigation bodies.

16. Do you have any database for the examination and how you adjust

and modify the questions in examination, any procedure, or any

consideration?

*No.

17. Will you inform your evaluation results to the teacher and

participant?

*The results of the evaluation are disclosed to the person concerned.

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V Questions about the budget of YOUR INSTITUTE

18. Who support the activities of your institute and amount of the

budget?

*INPIT receives a total of ¥14.2 billion from the Japan Patent Office (fiscal

2007).

19. How is the budget used in different training program in your

institute?

20. I know there are some program that the participant will pay some

fees, then how many fees should the participant pay for different

programs, and what is the consideration when deciding the amount of

the fees. Will your institute profit from such training programs.

*Please refer to the attached document (list of planned courses) for details.

With regard to the fees, the approach is that the actual cost of the training

course is born by the participant/participant’s employer.

VI Questions about the relationship of YOUR INSTITUTE with other

institutes

21. Please introduce the relation of your institute with other 6 training

institutes and the difference in role and function with other institutes.

Where’s the emphasis laid by 7 training institute respectively.

*At INPIT, as well as conducting training for employees of the Japan Patent

Office, we also conduct training courses to provide people from research

institutions and companies with the specialist knowledge and know-how of

patent examiners and trial examiners.

22. What is the relationship between headquarter and the local branch

of your institute.

*There are no local branches of the training division.

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VII Questions about the textbook

23. Is there any series books compiled by your institute used for IP

training, if any, can you inform me the name of these books.

24. How are these books compiled, such as how to confirm the

requirements of a new book compiled, and whether the books are only

the gatherings of power point or not, and how to coordinate with the

publishing house and the writer, and settle the problem of copyright,

and how to confirm what kinds of book should be compiled.

*(With regard to questions 24 and 25) The textbooks used for the lectures

are diverse, including those that have been created by INPIT (such as the

textbook used for training search experts) and those that have been created

for the lecture by the lecturers themselves. With regard to the textbooks

used for training the younger generation, please refer to the response to

question 35 below.

VIII Questions about the organizing method or procedure of training

program.

25.Is there any regulated working procedure for organizing a training

seminar, if any, what is it(such as, 1)calculate the budget

needed,2)send the noticement,3)confirmed the content of

courses,4)confirmed teacher 5)recruit the participant etc.). If there is

any pamphlet interpreting the procedure, may I get it for reference?

26. Have your institute made a uniform power point in format and

unified content for each IP topics. If you have made it, what is your

consideration about it.

*There is no particular determined format.

27.There are many training methods like face-to-face training, training

on the spot, case study etc, what kind of courses are given by the way

of on the spot or the way of case study.

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*With regard to training courses for external personnel, please refer to the

training method column of the attached document (list of planned courses).

28. Is there any other training method used in your institute? How is it

used in the training program?

29. Have your institute developed any training theories, if any, what are

they?

*There are no training methods that have been adopted or training theories

that have been developed.

IVV Questions about the Long-distance training

30. What is the course of the long-distance?

31. Who are the main users of the long-distance training?

32. How to keep the balance between the long-distance training and

face-to face training.

We provide long-distance correspondence language courses for employees

of the Japan Patent Office. We do not conduct any long-distance

correspondence courses for external personnel. (However, we do provide

e-learning, although this is not a long-distance correspondence course)

VV General Information about Training Program

33. What kind of training program do you have, and how many

seminar and trainees for each program per year?

*We conduct the training programs outlined in the attached document (list of

planned courses).

34. Can you make a general introduction about the IP training for

youngsters.(Which including the organizing method, teacher, amount

of trainees per year, cooperation with other department like Ministry of

Education, Local IP offices during the IP training).

80

*We have created teaching materials such as a standard textbook and list of

supplementary readings, and distribute this to educational institutions such

as schools. Moreover, we have created an instruction manual for teachers

(instructors). Through initiatives such as the patent contest, we are

cultivating attitudes and mind-sets in relation to industrial property rights.

1.2 INTERVIEW TO JIII

1. The aim of the training program for children or youngsters.

For Japan is lack of natural resources, since 100 years ago, Japanese

people realized that the development of Japan should base on technology

and wisdom, so it is necessary to cultivate the innovative spirit of children.

2. The number of the children or youngsters attending the program.

JIII has set up 203 clubs for children from 8 to 15 years old. Each year, more

than 9,000 children will attend the activities. Meanwhile, in Tokyo, 5

innovative club has been established, 300 more children attend the course.

3. The activities amount organized in each year for each club.

For each club, 2 or 3 activities will be organized in each month, and 20-30

times in total for 1 year.

4. The relationship during the organizing of program between JIII and

other organizations.

During the implementation of innovation contest program, JIII may get

support from newspaper, Ministry of Education, METI, JPO, JPAA, NHK etc.

However, the support never hinder the independence of the JIII, for JIII can

decide everything about program including budget, fees, organization

method, scale etc as a independent legal entity. Meanwhile, the

administrative department never provides financial support or administrative

81

order to JIII, and the support takes the form of that officials are invited to

granting the certificate or rewards to excellent children, or the certificate will

be given in the name of related administrative office.

5. The procedure for compiling a new book for children.

No special book for children compiled.

6. The organization methods

The methods include clubs, invention exhibition, contest, and seminars.

For the clubs, children are arranged in different classes according to their

actual ability. There are 2,000 teachers in total working in the club. Most of

them are retired teachers and staffs in enterprise as volunteer.

For the seminars, JIII will hire teachers to give presentations about IP, and

the participants are collected by invention club. During the implementation,

the teachers will be dispatched by JIII to local area. Teachers are usually

from schools, museums as well as inventors. Such kinds of seminar will be

held 40 times for 1 year, and the training programs for abovementioned

teachers are also conducted.

7. The education content in invention club

The contents include recognizing and master the tools, manufacturing

something by paper, wood artifact, using of motor-driven tools, making

electronic circuit, assembling computer, solution to the problem in the daily

life, innovation etc. In the whole learning procedure, the teachers only play

the role of guidance and assistance. Children should select the objective and

create the idea by themselves.

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1.3 INTERVIEW TO FUJITSU CORPORATION

1. How do your classify the IP education in your IP department?

We have divided the cultivation of IP talents into 3 stages, including

program for new-enrolled staff, experienced staff, and future leaders.

2. What are the courses for each stage?

For the new enrolled staff, the courses include,

IP basic knowledge, the relationship between business and IP strategy, the

importance of patent, the infringement behavior types, routine utilization

methods of patent, patent application procedure, patent investigation,

patent searching etc.

For the experienced staff, the courses include,

IP acquisition and utilization practice, infringement avoiding skills and

practice, innovative idea exploration and drafting of application files, patent

analysis and patent map, international standardization etc.

For the future leaders, the courses include,

Technology strategy conference, patent strategy conference, IP utilization

in front of aggressive competitors, IP risk awareness promotion etc.

3. Do you have any classification based on the specific theme?

We have divided courses into some specific themes as follows, including,

the theme of IP basic knowledge, patent exploration and application,

patent utilization, patent strategy, patent investigation, and infringement

avoidance etc.

83

CHPATER FOUR

QUESTIONAIRES AND ANALISIS

1 GENERAL SITUATION OF QUESTIONAIRE

In order to get more opinions about IP education, I designed a questionnaire

and sent the questionnaire to 100 SMEs, however, I received 20 replies, and I

can roughly judge the general attitude about the flexibility, implementation

ability of them, and also the influence situation of IP training in SMEs.

Here, I would like to express my special thanks to the respondents who have

done great help to my research.

This questionnaire is set up based on the KPI above-mentioned. According to

each KPI, several questions are provided to measure the related index as the

attachment 1.

2. EVALUATION OF RESULTS OF QUESTIONAIRE

2.1 Strategy index analysis

Here below has given the figure about the importance of each factors to the

strategy index.

84

Strategy score

1.51.71.92.12.32.52.72.9

orgn

izatio

n

focu

sadjus

tmen

t

newpr

ogram

annu

alplan

supp

lemen

tary

plan

evalu

ation

sens

itive

ness

partn

er

nopa

rtner

Strategy score

For the strategy score, the figure shows that the special organization of

education research and proper adjustment of training focus are the major

factor. Then annual plan and sensitiveness are also important. The

respondents have given a negative comment to other factors.

The comment of new program, supplementary plan factors shows that IP

training in Japan has shown a mature aspect, which means the larger

adjustment has not been widely taken in most situation.

The comment of evaluation factors and proper adjustment of training focus

show that the adjustment is necessary, however such behavior can’t only

depend on the opinion evaluation of possible participants, which means the

general evaluation of the situation by the organizer of seminars is also needed.

The negative comment of partner and no partner factors seems ambivalent.

However, it shows that there is no absolute standard to decide for which

program the partner should be introduced, and as to the opinion about the

partner, the organizer should better take a more flexible strategy.

85

Of course, it is not enough to only judge the weight of each factor in the

strategy index, however, it is also necessary to make clear the correlation

among the factors, for it will help us to decide the mutual influence of each

factors. By the results of the analysis, we can decide our policy or working

procedure more clearly.

The factors correlation in the strategy index is shown in the attachment 2, chart

A.

In the chart, the data with”*” shows a close relationship between 2 factors, and

the data with”**” shows a closest relationship between 2 factors.

The figure has given 4 results:

1. The new program and evaluation has shows a highest correlation.

2. The new program, sensitiveness and no partner factors show a higher

correlation.

3. The new program factor also has a relative high correlation with the

partner factor.

4. Other factors don’t have close correlation.

For the results 1, combined with the abovementioned primary analysis, it can

be deduced that the evaluation factor is an important but not only factor for the

launching of new program, and the opinion of the general situation from the

organizer maybe also important.

For the results 2, we can see that the complicated organizations such as the

organization with many departments and branches are usually not flexible

enough, for the information transmission and coordination in big organization

usually spend more time and cost, also the information are easily distorted. So

86

too many partner in a way will hinder the new program launching and

sensitiveness.

For the results 3, we can see very interesting phenomena. That is, partner

factor also has positively affected the new program launching, which means to

keep a proper scale of network may enhance the gathering of information in

largest possibility, and finally strengthen the ability of new program launching.

0

5

10

15

20

25

30

35

40

45

1 2 3 4

complexityoforganization

newinformationgathering

cost ofanalysis

cost ofcoordination

The figure may show the changes with the increase of complexity of

organization. So we may see that at the early stage when the complexity of

training network keep in low level, the ability of new information gathering has

been greatly improved, and the cost of coordination keep in low level, then

strong network will help to build a more flexible organization. However, as the

complexity of organization increases, the cost inside the organization will

exceed the benefit which can improve the sensitiveness of organization. So

the proper scale of network is necessary.

87

2.2 Implementation index analysis

Here below has given the figure about the importance of each factors to the

implementation index.

Implementation score

11.5

22.5

33.5

4

specify

lanuag

e

edu

cat

ion

law

groupm

anag

em

en

part

icip

anto

pinio

n

teac

here

valu

atio

cours

esf

ord

iffe

re

consu

ltan

ts

Implementation score

The figure shows that there are many factors affecting the implementation

ability,

Most of the respondents think language, scientific and IP working experience

factors are very important for the IP training. Combined with the factor of lack

of IP, we can see clearly that IP related knowledge is considered important in

the organizing of IP training.

The factors of participants’ opinion, self introduction, teacher evaluation,

course set up for different fields, and specific theme have be thought to have

high influence to the implementation index, in which the IP training in specific

themes has been mostly emphasized.

As to the single management and group management factors, we can see the

respondents don’t have uniform opinion, which means the management of IP

training program can take various methods. Maybe, the methods will finally

88

depend on the actual situation, such as complicated program always need a

group to deal with, and some simple or routine program can be conducted by

specific person.

Most of the respondents think that, although the evaluation and flexibility of the

training program are important, it is not necessary to set up special evaluation

department, and this evaluation and adjusting job may be done by the

organizers of training program through some effective mechanism. If

necessary, consultants also may be introduced.

The factors correlation in the implementation index is shown in attachment 2,

chart B.

The participation opinion and self introduction of participants have high

correlation with teacher evaluation. Obviously, the promotion of participants’

level is the direct objective of the training program, so the opinion may be the

first-hand material to judge the effect of training program and quality of

teachers. Meanwhile, before Japanese training seminars, the participants are

always asked to provide self-introduction information and the knowledge that

they are interested in. It may affect the teachers’ evaluation in 2 aspects. Firstly,

the organizer may judge the reliability of the evaluation feedback against the

teachers, for the levels and fields of participants will affect their perspective.

Secondly, the organizer can more precisely judge the exact improvement of

the participants after the seminar.

The evaluation responsibility and group management has shown high

correlation, which means most of the respondents think it is necessary and

feasible for the group to do evaluation after the seminar, as abovementioned,

the group management method is usually used for some complicated program

or new program.

89

2.3 Influence index analysis

Here below is about the influence situation figure.

Influence score

1

1.5

2

2.5

3

3.5

budg

et1

budg

et2

budg

et3

budg

et4

spee

cifie

dtraining

gern

erou

straining

good

effect

prop

agation

bran

ches

commen

tfrom

trainee

s

Influence score

The questionnaires set up for the influence score are a little different, for the

questionnaires for 2 other index are more concerned about the attitude of

respondents, however, this part is basically the situation investigation of the

IP training in SMEs.

From the figure, we can clearly see that most of the respondents (SMEs) in

Japan have kept a stable budget for the IP activities in IP department. Then

the budget for IP training has occupied small part in comparison with the

budget for other activities, which means SMEs may be inclined to attend the

IP training organized by other organization, or the amount of staffs in IP

department of SMEs are too small to be worthwhile organizing the training

program on their own.

The figure shows that IP training in SMEs in Japan are not well developed.

Although the large corporations in Japan usually have a big IP department,

such as Panasonic has a large scale of IP department with more than 600

90

employees, the IP department in SMEs in Japan are usually relatively small

or weak, so they always may participant the program organized by IP training

institutes. In the meantime, from the good effect factors, we can see half of

respondents don’t recognize the training they have attended.

In the meantime, specified training and generous training all are not approved

by the respondents,

The factors correlation in the influence index is shown in the attachment 2,

chart C.

The factor of comment from trainees has a high relationship with the factors

of specified training, generous training and good effect factors.

The factor of generous training also has a high relationship with the factor of

specified training. So 2 training method can’t be isolated from each other, and

had better be systematically considered.

91

CHPATER FIVE

CONLUSIONS AND RECOMMENDATION

1. CONCLUSIONS

At present, China is still prosperous with booming economy and fast

increasing amount of domestic patent application. In the meantime, the

central government has set up an objective to be innovation-oriented country

till year 2020, which enhance us to improve our ability to meet with the

requirements in new situation. The target may be to provide specific and

high-quality training for IP professionals in each field, and to improve the

awareness and cultivate the innovative spirit of the public.

The core competency of Chinese institutes to exert strategic ability is the

integration of all kinds of resources, such as information gathering channel,

teachers, training network (including school, local IP offices, universities,

overseas counterpart etc), curriculum and textbook etc. For Chinese IP

training activities has a strong administrative characteristic, meanwhile, the

government has mastered largest resources in the field; it is necessary and

possible to do the integration. After integration, long-term program or plan

may be provided, and to ensure the stability of the program, consistent and

sufficient budget for the plan are needed, especially when seeking stable

cooperation from future partners.

When the network is established, then the problem to be solved is to improve

the flexibility or sensitiveness of the institutes. That is, to enlarge and adjust

the teacher database, curriculum and plan etc. according to the real needs.

This procedure needs a mechanism setup to shorten the distance between

the institutes and the possible participants of training program.

92

2. RECOMMENDATION

2.1THE RECOMMENDATION ON THE INNER POLICY

The first recommendation is to improve the implementation ability of the

institutes. The most important factors for the implementation ability include

evaluation, staff composition, organizing methods, complete and curriculum.

It is necessary to build up a complete evaluation mechanism which

includes the evaluation of participants (self introduction etc.), the evaluation of

teachers, evaluation of the courses and self evaluation after study and should

better, is rather done by a group of member not single person.

In other aspects, the evaluation can’t only rely on the data gathering and

analysis but the judgments from the organizers are also needed which should

be emphasized that the evaluation should better be done in combination of the

other 4 evaluation results.

Under the scrupulous evaluation, a high-specified and complete

curriculum should better be developed. Because the SWOT analysis has

indicated that there will emerge a big needs for the skills of IP usage deduced

from the rapid application growth in China, including IP application, IP

management (such as patent map and analysis, patent evaluation or grading,

Self introduction

Including objective

Teacher

evaluation

table

Self evaluation

after study

Course

evaluation

table

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rewarding system and patent strategy etc), IP license, IP marketing and IP

protection etc.

The training method should better be more flexible, and here will take IP

education for improving the awareness as an example.

The IP training for improving the awareness can be toughly divided into 3

aspects, 1) IP education for youngsters 2) IP education for industry 3) IP

education for public.

IP education for youngsters

TARGET GROUPS METHODS CONTENTS

Kindergarten

Primary and Junior

school students

High school students

Providing posters, books, lectures

Writing competition

Training teachers

Making poster competition

IP quiz

House model competition

Creation and innovation club etc.

Basic knowledge of

IP

Idea of innovation

and creation

Innovation and

creation practice

IP in the daily life

Awareness of

counterfeited and

pirated goods etc.

IP education for industry

TARGET GROUPS METHODS CONTENTS

R&D staff, legal staff,

marketing

staff(enterprise),

students in

universities

Regional conference/ experts

dispatched

Training program

Provide books about IP law, IP

success story

New creations exhibition etc.

Basic knowledge of

IP

IP and economic

benefits

IP and technology

etc.

IP education for public

TARGET GROUPS METHODS CONTENTS

Customers Advertisement in TV, radio, Basic knowledge of

94

newspaper, public notice

Counterfeited and pirated goods

exhibition

Exhibition of invention by local

inventors

Poster compilation

Inventive dialogue in TV

IP or IP

enforcement

The harm of

Counterfeiting and

pirated goods on

economy and

health

How to recognize

counterfeited and

pirated goods

List of counterfeited

goods

In this example, various methods are taken to meet with the characteristic of

possible targets.

The staffs working in IP training institutes should better have IP

background and language ability. If the staffs don’t have related background

or ability, then specific training is needed.

2.2 THE RECOMMENDATION ON THE OUTER POLICY

The outer policy is closely related to the influence ability and in some way

related to strategy ability also, which refers to the training network, public

program and widely-accepted textbook.

As to the training network, according to the analysis, proper network is good

for strengthen flexibility and influence. However, to enlarge the network too

quickly may highly increase the coordination cost and there may occur

information transmission disorder inside the network. So it is necessary to

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develop the network, however during the expansion, inner exhaustion

should be fully considered.

To launch public program is effective to enlarge the influence, especially for the

customers and children (below 18). However, the running of public program

should base upon the establishment of strong network in China.

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REFERENCES

1. Information from http://www.wipo.int/academy/en/ipacademies/ line 3-10,

paragraph 1

2. Information from http://www.wipo.int/academy/en/ipacademies/ paragraph 2

3. The summary of the Intellectual Property Strategic Program 2008; Mr. Gen

Kawai, Deputy Counselor, Intellectual Property Strategy Headquarters.

October 9, 2008,.

4. The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,

slide 2

5 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 4 6 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 7

7 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,

slide 6

8 The cultivation of IP talents in Japan, General Office, JPO, Nov. 17, 2008 9 The cultivation of IP talents in Japan, General Office, JPO, Nov. 17, 2008, slide 12

10 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,

slide 13

11 The introduction to the INPIT is from the INPIT official website,

http://www.inpit.go.jp/english/index.html

12 JIPA website, http://www.jipa.or.jp/content/english/

13. APIC pamphlet

14. The information about personnel composition and budget is gathered through interview with INPIT officials, in Feb. 23, 2009 15. From INPIT website, http://www.inpit.go.jp/english/index.html, 16. Information gathered from response of questionnaires from INPIT, the curriculum list in 2008 17 The information is gathered and calculated from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC and response of questionnaire from INPIT about the seminars organized in 2008. For it is proved to be difficult to get exact information from JIPA, JPAA or other training institutes, the results can only be partly conceived. 18. The information is from the interview with INPIT officials, Feb. 23, 2009

97

19. The seminar in APIC I have attended, Oct.8 2008-Feb.28 2009 20. The information is from the report, “IP education research in universities” , Osaka Institute of Technology, March 2004, Page 25-28. 21.JIII-APIC website: http://www.jiii.or.jp/apic/us/e_top.htm 22. The data about the seminar and curriculum is from the training program during Oct. 2008-Mar.2009 that I have attended 23. The information from interview with JIII, Feb.16, 2009 24. Public Awareness and IP Education, Tokai University, Feb. 5, 2009 25 The information is from interviews with Japanese corporations, such as Canon, Fujitsu, and Toyota etc. 26. JIII pamphlet 27.National Intellectual Property Strategy Website: http://www.nipso.cn/. 28. The SIPO website, www.sipo.gov.cn 29. The CIPTC website, www.ciptc.org.cn 30. CIPTC pamphlet 31. Shanghai IP office website: http://www.sipa.gov.cn/ Shanghai IP strategy. 32. Information is from the interview with Local IP offices; Fu Shan city,

Guangdong Province， year 2007.

33. Information is from www.baidu.com, by the keywords “IP training, children or students, or IP activities. 34. CIPTC curriculum pamphlet 35. Ministry of Foreign Affairs of the People’s Republic of China http://www.fmprc.gov.cn/chn/wjb/zzjg/yzs/gjlb/1281/1281x0/default.htm

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ATTACHMENT

ATTACHMENT 1: QUESTIONAIRES

Flexibility and Strategic Index

The index concerns the parameters, which include research organization,

adjustment of focus, new program, annual plan, supplementary plan,

evaluation, sensitiveness, partner and no-partner etc.

1. We should set up particular research department or some mechanism on IP

training in our enterprise.

1)strongly agree[1] 2) agree[12] 3) disagree[7] 4) strongly disagree[0]

2. We should make investigation or questionnaires on the new situation of IP

training to adjust focused point and related policy.

1)strongly agree[1] 2) agree[16] 3) disagree[3] 4) strongly disagree[0]

3. We have a good ability to develop new training programs for new

requirements.

1)strongly agree[0] 2)agree[6] 3)disagree[9] 4)strongly disagree[5]

4. Every year, we should make an annual IP training plan in advance.

1)strongly agree[1] 2)agree[12] 3)disagree[4] 4)strongly disagree[3]

5. We should prepare some alternative plan supplementary to the annual plan

to solve some possible problems during the implementation.

1)strongly agree [0] 2)agree [5] 3)disagree[13] 4)strongly disagree[2]

6. Our plan is strictly based on the investigation or research results about the

needs of possible participants.

1)strongly agree[0] 2)agree[6] 3)disagree[10] 4)strongly disagree[3]

7. We are very sensitive to the changes of IP policy of the government and the

new development of national IP laws, also international IP policy and laws.

1) strongly agree[1] 2)agree[8] 3)disagree[11] 4)strongly disagree

8. We have successfully developed our training program with cooperation from

99

outside partners to develop IP human resource .

1) strongly agree[0] 2)agree[4] 3)disagree[9] 4)strongly disagree[6]

9. We can deal with our responsibility on IP training very well without any

cooperation from outside partners.

1) strongly agree[2] 2)agree[4] 3)disagree[10] 4)strongly disagree[4]

Implementation Ability Index

1. My daily work is mainly on IP training.

1) strongly agree[0] 2)agree[3] 3)disagree[10] 4)strongly disagree[7]

2. I think it’s no need for me to know something about IP because my work is

only coordination of seminars.

1) strongly agree[0] 2) agree[1] 3)disagree[9] 4)strongly disagree[10]

3. Foreign language ability is very important for my work on IP training.

1) strongly agree[3] 2)agree[10] 3)disagree[6] 4)strongly disagree[0]

4. I think it’s better for me to have a IP working experience like IP examiner, IP

attorney, IP researcher.

1) strongly agree[2] 2) agree[12] 3)disagree[6] 4)strongly disagree[0]

5. I think it’s better for me to have a background like a bachelor or master

degree in education.

1) strongly agree[1] 2)agree[7] 3)disagree[12] 4)strongly disagree[0]

6.I should better have a bachelor or master degree in scientific or engineering.

1) strongly agree[1] 2) agree[13] 3)disagree[6] 4)strongly disagree[0]

7. I should better have a bachelor or master degree in law.

1) strongly agree[0] 2) agree[10] 3)disagree[10] 4)strongly disagree[0]

8. When a seminar is launched, I will be responsible for everything like

preparation management or coordination during the seminar alone.

1) strongly agree[0] 2) agree[8] 3)disagree[10] 4)strongly disagree[1]

9. When a seminar is launched, we have a group consisted of several staffs in

responsible for the coordination of seminar.

1) strongly agree[0] 2)agree[9] 3)disagree[7] 4)strongly disagree[3]

100

10. After seminar, I have the obligation to give a general evaluation or any

suggestions on how to improve the effect of seminar.

1) strongly agree[0] 2)agree[11] 3)disagree[6] 4)strongly disagree[2]

11. I think it’s very important to get the response from participants.

1) strongly agree[2] 2)agree[16] 3)disagree[1] 4)strongly disagree[0]

12. I think it’s very important to get the information like self-introduction from

participants for analyzing the possible requirements of the participants.

1) strongly agree[1] 2) agree[14] 3)disagree[4] 4)strongly disagree[0]

13. I think it’s very necessary to evaluate the teachers, in order to use suitable

teachers for the requirements of different seminars.

1) strongly agree[1] 2)agree[15] 3)disagree[3] 4)strongly disagree[1]

14. I think it’s very important to launch seminars with specific theme, in order to

meet with the requirements of IP professionals.

1) strongly agree[4] 2) agree[15] 3)disagree[0] 4)strongly disagree[0]

15. I think it’s necessary to provide different training courses for staffs in

marketing, R&D, manufacturing and IP departments.

1) strongly agree[2] 2) agree[14] 3)disagree[3] 4)strongly disagree[0]

16. I think it’s necessary to set up a special department for evaluation of

seminars, including such as teachers, curriculum besides the department

which is only in charge of management of seminar.

1) strongly agree[0] 2) agree [5] 3) disagree[13] 4) strongly disagree[1]

17.I think it’s necessary to use consultants responsible for research on IP

education.

1) strongly agree[1] 2) agree[11] 3) disagree[7] 4) strongly disagree[0]

Influence Index

1. Every year, we will need increased budget for IP training compared with

previous year.

1) strongly agree[0] 2) agree[2] 3) disagree[15] 4) strongly disagree[3]

2. Every year, Our budget on IP training keeps stable in comparison with

101

previous year.

1) strongly agree[1] 2) agree[15] 3) disagree[1] 4) strongly disagree[2]

3. Every year, we may need the decreased budget for IP training compared

with previous year.

1) strongly agree[1] 2) agree[5] 3) disagree[13] 4) strongly disagree[0]

4. The budget for IP training has occupied big part of whole budget of our IP

activities.

1) strongly agree[0] 2) agree[1] 3) disagree[9] 4) strongly disagree[9]

5. Our training program shall be specified with the particular requirements of

participants, such as IP application, or IP litigation.

1) strongly agree[0] 2) agree[5] 3) disagree[11] 4) strongly disagree[3]

6. Our training program could meet with the requirements of all kinds of IP

topics.

1) strongly agree[0] 2) agree[4] 3) disagree[12] 4) strongly disagree[3]

7. The participants after training are highly recognized by related employers.

1) strongly agree [0] 2) agree[12] 3) disagree[5] 4) strongly disagree[2]

8. We have used some propaganda methods like TV, newspaper, internet to

publicize our training program.

1) strongly agree[1] 2) agree[2] 3) disagree[11] 4) strongly disagree[5]

9. We have many branch offices in different district in Japan which strengthen

our abilities to cultivate IP talents.

1) strongly agree[0] 2)agree[5] 3)disagree[8] 4)strongly disagree[6]

10. Our training programs are highly appreciated by the participants.

1) strongly agree[0] 2)agree[10] 3)disagree[6] 4)strongly disagree[3]

ATTACHMENT 2: CORRELATION CHART

A] Strategy index

102

orgnizationfocusadjustment

newprogram

annualplansupplementaryplan

evaluation sensitiveness partner nopartner

orgnization ― -.12 .04 .15 -.02 -.03 .00 -.07 .02focusadjustment ― .02 .30 .26 .03 .58 ** .17 .32newprogram ― .21 .45 * .71 ** .40 .59 ** .68 **annualplan ― .58 ** .41 .26 .01 .27supplementaryplan ― .34 .22 .29 .34evaluation ― .45 .36 .56 *sensitiveness ― .13 .68 **partner ― .20nopartner ―** p <.01 * p < .05

B] Implementation index

specify lackofP lanuage IPbackground education scientific law singlemangementgroupmanagement

evaluationresponsibility

participantopinion

specify ― 0.400 -0.098 0.025 0.225 0.275 -0.147 0.323 0.339 0.435 -0.152lackofP ― -0.563 * -0.113 0.151 -0.198 -0.254 -0.104 -0.019 0.034 -0.343lanuage ― 0.303 -0.364 0.030 0.091 0.280 0.203 0.275 0.233IPbackground ― -0.170 0.466 * 0.333 0.070 0.031 -0.013 0.264education ― 0.514 * 0.424 -0.048 0.383 0.096 -0.331scientific ― 0.653 ** 0.256 0.313 0.133 0.054law ― 0.239 0.122 0.041 -0.141singlemangement ― -0.026 0.358 -0.085groupmanagement ― 0.655 ** -0.058evaluationresponsibility ― 0.104participantopinion ―selfintroductionteacherevaluationspefificthemecoursesfordifferentdepartmentspecialevaluationdepartmentconsultants** p <.01 * p < .05

C] Influence index

budget1 budget2 budget3 budget4 specified

training

generous

training

good

effect propagation branches

comment

from trainees

budget1 ― 0.438 -0.662 ** 0.430 0.775 ** 0.605 ** 0.183 -0.016 0.449 0.436budget2 ― -0.590 ** 0.169 0.287 0.528 * 0.235 0.578 * 0.279 0.560 * budget3 ― -0.161 -0.387 -0.504 * -0.091 -0.075 -0.552 * -0.315 budget4 ― 0.256 0.209 0.290 0.185 0.420 0.114specifiedtraining ― 0.665 ** 0.357 0.120 0.336 0.584 ** generoustraining ― 0.446 0.350 0.350 0.779 ** Good effect ― 0.463 * 0.463 * 0.662 ** propagation ― 0.269 0.503 * branches ― 0.409commentfromtrainees ― ** p <.01 * p < .05