IMPROVING SERVICE DELIVERY OF IP OFFICE - MALAYSIA S EXPERIENCE -

Transcription

1 IMPROVING SERVICE DELIVERY OF IP OFFICE - MALAYSIA S EXPERIENCE - Kamel Mohamad Director General, Intellectual Property Corporation of Malaysia at the WIPO Inter-Regional Forum on Development and Service-Oriented Intellectual Property (IP) Administration Geneva, July 1-2, 2008

2 CORPORATE PROFILE

3 BACKGROUND Establishment of the Trade Marks and Rights Registration office 27 Oct Intellectual Property Division under the Ministry of Domestic Trade and Consumer Affairs Malaysia 3 March corporatized as the Intellectual Property Corporation of Malaysia (MyIPO) under the Intellectual Property Corporation Act 2002 Responsible for the development and management of intellectual property system in Malaysia

4 ROAD TO AUTONOMOUS A Cabinet paper Launching Grant of RM48 million First-year assistance from the Government on rental

5 MyIPO TODAY Corporatized agency under the Ministry of Domestic Trade and Consumer Affairs Fully autonomous (finance, HR recruitment) Judicially autonomous (office decisions are quasijudicial and not administrative; office must be free from interference and answerable to courts) A young office, 320 staff Headed by Director General and 2 Deputy DGs (Industrial Property; Corporate Affairs) Has no enforcement power but does provide assistant for border measures

6 MEMBERS OF THE CORPORATION

7 ORGANIZATIONAL STRUCTURE

8 VISION & MISSION Vision To be one of the leading IP organizations Mission To provide strong legal infrastructure and effective administration regime to enhance greater creativity and exploitation of intellectual property

9 FUNCTIONS! To ensure the provisions of the IP Legislation are administered and enforced accordingly;! To provide services in administering, collecting and enforcing payment of prescribed fees or any other charges under the IP Legislation;! To regulate and supervise issues or matters relating to IP in relation to the IP Legislation;

10 FUNCTIONS Cont..! To advise on the review and updating of the IP Legislation;! To encourage and promote the training and the dissemination of information on IP;! To promote and organize cooperation program at national or international level;

11 FUNCTIONS Cont..! To safeguard the interest of Malaysia in respect of any agreement or international convention to which Malaysia is a party;! To advise the government on developments at international level on issues or matters relating to IP; and! To carry out research and studies on IP issues.

12 LEGISLATIONS ADMINISTERED! Trade Marks Act 1976! Patents Act 1983! Copyright Act 1987! Industrial Designs Act 1996! Geographical Indications Act 2000! Layout-Designs of Integrated Circuits Acts 2000! IP Corporation of Malaysia Act 2002

13 SERVICES

14 SERVICES! Registration of Patents, Trade Marks, Industrial Designs and Geographical Indications! Advisory and consultancy services on IP! IP information and statistical data! Training program! Patent agent examination! Outreach program! Online services (online search, filing and checking application status)! Helpdesk

15 ACHIEVEMENTS

16 PATENT Application 6,000 5,000 4,000 3,000 2,000 1,000 Grew 19.5% ( ) Application dropped after M sia acceded to PCT in 2006 Applications by nonresidents outnumbered locals Local Foreign Year ,686 4,920 5,764 4,269 1,702 Total 5,062 5,442 6,286 4,800 2,372

17 PATENT Registration 7,000 6,000 5,000 4,000 Grew 77.4% ( ) Patents owned by resident remain small 3,000 2,000 1,000 Local Foreign Year ,547 2,323 2,471 6,562 6,646 Total 1,578 2,347 2,508 6,749 6,983

18 TRADE MARK Application 14,000 12,000 10,000 8,000 6,000 Grew 31.3% ( ) Applications by residents fast catching up 4,000 2, Local Foreign Year ,327 10,406 10,479 11,209 12,289 9,439 10,337 11,668 12,840 13,605 Total 17,766 20,743 22,147 24,049 25,894

19 TRADE MARK Registration 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2, Grew 38.2% ( ) Local Foreign Year ,014 3,243 3,683 5,651 8,108 9,108 8,473 7,771 10,108 17,382 Total 12,122 11,716 11,454 15,759 25,490

20 INDUSTRIAL DESIGN Application 1,200 1, Grew 19.6% ( ) Foreign applications outnumbered locals Local Foreign Year ,146 Total 1,324 1,461 1,607 1,544 1,920

21 INDUSTRIAL DESIGN Registration 1,200 1, Local ID owners remain small Local Foreign Year ,100 1,076 Total 1,547 1, ,800 1,673

22 GEOGRAPHICAL INDICATIONS! 4 GIs registered Sabah Tea Borneo Virgin Coconut Oil Tenom Coffee Sabah Seaweed

23 INTELLECTUAL PROPERTY COURT! Launched 17 July Sessions Courts (IP) (one in each state including Putrajaya) 4 High Courts (IP) of Malaya (KL, Selangor, Johor, Perak) 2 High Courts (IP) of Borneo (Sabah, Sarawak)

24 PARTNERSHIP growing international and domestic linkages International Cooperation Ministries Free Trade Agreement Int. IP Offices/Org. WIPO EPO USA Pakistan Private Higher Learning Ins. MyIPO Gov. Higher Learning Ins. USPTO APEC JPO KIPO MyIPO Australia ASEAN Australia New Zealand Research Institute Govt. Agencies IP Australia UKIPO Domestic Cooperation

25 INTERNATIONAL TREATIES ACCEDED! NICE Agreement (Sept 2007)! Vienna Agreement (Sept 2007)! Patent Cooperation Treaty (Aug 2006)! TRIPS Agreement (Jan 1995)! Berne Convention (Oct 1990)! WIPO Convention (Jan 1989)! Paris Convention (Jan 1989)

26 OUTREACH AND TRAINING! National and regional seminar! Exhibition! Training for patent agent and other stakeholders! MOU with universities and R&D institutions! Awareness programmes

27 FINANCIAL PERFORMANCE 2007 Trade Mark led with 58.1% revenue RM1,826,230 RM2,858,978 RM323,444 RM21,462,201 RM10,431,435 Trade Mark Patent Industrial Design Fixed Deposit Others

28 NATIONAL INTELLECTUAL PROPERTY POLICY! Launched April 2007! Allocation RM5billion! NIPP Action Council (Prime Minister)! Steering Committee (Minister of Domestic Trade and Consumer Affairs)! Monitoring Committee (Secretary General)

29 NATIONAL INTELLECTUAL PROPERTY POLICY Policy Statement! IP as a new engine of growth! maximizing the contribution of IP in accelerating socio-economic/technological development environment that encourages continuous creation of IP! K-economy IP is a valuable economic asset as well as a critical business tool that can enhance competitiveness.

30 NATIONAL INTELLECTUAL PROPERTY POLICY Strategic Objectives! Highest Standard of IP Protection System! Promotion of IP-Generated Activities! Promotion of Commercial Exploitation of IP! Development of IP Management Capabilities! Development of Infrastructure for IP Transaction! Protection of National IP Interest! Human Resource Development and Public Awareness! Promotion of Foreign Investment and Technology Transfer

31 ISSUES AND CHALLENGES

32 ISSUES / CHALLENGES POLICY-RELATED! Implementation / Status Review of NIPP! Revision of various Acts! FTA negotiations (TRIPS Plus)! International Treaties pending! Cross-cutting issues / Inter-agency planning group! New issues (TK, Genetic Resources, Nontraditional knowledge)! Copyright-related policy issues

33 ISSUES / CHALLENGES OPERATIONAL! Improving service delivery! Low IP awareness! Role of right holders! MyIPO has no enforcement power

34 ISSUES / CHALLENGES INSTITUTIONAL! Board membership! IP Academy / Institute! Human resource! External communication strategy / role of media! Tools for examiners / skills! Modernization / role of ICT! Paperless environment! Reorganization of MyIPO

35 IMPROVING SERVICE DELIVERY OF IP OFFICE - MALAYSIA S EXPERIENCE -

36 DEVELOPMENT-ORIENTED AGENCY National Intellectual Property Policy policy statement! IP as a new engine of growth! maximizing the contribution of IP in accelerating socio-economic/technological development environment that encourages continuous creation of IP! K-economy IP is a valuable economic asset as well as a critical business tool that can enhance competitiveness.

37 SERVICE-ORIENTED AGENCY Three kinds of services provided by the agency to other entities received by the agency from other entities exchanged within agency by its unit GOOD is not enough when BETTER is expected and BEST is possible

38 Introduced 1983 MALAYSIA INC. Closer cooperation between public and private sector Nation as a business/corporate entity jointly owned by both " Strengthening public-private sector working relationship " Improving quality of public sector services " Improving information dissemination " Enhancing understanding of Malaysia Inc. among public service employee

39 PEMUDAH Special Taskforce to Facilitate Business or PEMUDAH Established 7th February 2007 high-powered taskforce to address bureaucracy, reporting directly to the Prime Minister the team comprises 23 highly respected individuals from both the private and public sectors co-chaired by Chief Secretary to the Government and President of the Federation of Malaysian Manufacturers a concerted cross-ministerial initiative was needed to effect greater improvement in the way government regulates businesses to be truly relevant, it needs active participation private sector

40 PEMUDAH: TERMS OF REFERENCE To review the status of the public services delivery system in terms of processes, procedures, legislation and human resource towards introducing improvements; To study best practices in the private sector that can be adopted by the public sector; To coordinate programs across public sector agencies towards enhancing Malaysia's competitiveness; To monitor the implementation of policies, strategies and procedures aimed towards improving the efficiency and effectiveness of the public delivery system; and To take appropriate action in addressing issues raised during Cabinet meetings regarding the public delivery system

41 INCOMING MESSAGE AND OUR RESPONSE MESSAGE: Serve us better, faster (and preferably cheaper?) RESPONSE: Universities/R&D instns (24 MOU, IP policy, TLO, licensing agreement, graduate programme in IP) Training/Examination for potential patent agents Capacity building for PCT SME (in-house training, seminar) Public (outreach/awareness programmes) IP Courts (capacity building for Judges, DPP) Enforcement agencies (capacity building) Advisory services On-line services Paperless environment

42 MyIPO SERVICES Services to Public IP Registration (Patent, Trade Mark, Industrial Design, Geographical Indication) Patent and Trade Mark Online Search & Filing MyIPO Image Search System Application Status Inquiry Publication Server Trade Mark Gazette Agent Correspondence System Trade Mark Register Patent Register Customer Feedback Form Helpdesk Counter New Services IP Online Search & Filing IP Register Patent Mapping Services Commercial Mediation Prior Art Search Patent Licensing Information Services Expedited Examination Consultancy and Advisory IP Digital Library IP Journal Well known Trade Mark Info Notification via SMS Voluntary Notification System for Copyright Traditional Knowledge Digital Library Patent Linkage Trade Mark Linkage

43 TOWARDS PAPERLESS OFFICE Paper Files

44 TOWARDS PAPERLESS OFFICE Scanning Project

45 TOWARDS PAPERLESS OFFICE Paperless Environment

46 PUBLIC COUNTER: WE CARE

47 OUTGOING MESSAGE AND THEIR RESPONSE MESSAGE: Engage with us so that we can serve you better, faster (and preferably cheaper?) RESPONSE: joint programmes (outreach, capacity building) feedback and consultative mechanisms s annual (and regular) consultations National IP Policy committee members role of media

48 ROLE OF MEDIA

49

50 MESSAGE FROM WITHIN AND OUR RESPONSE MESSAGE: What about us? RESPONSE: Capacity building (technical and soft skills) Right tools (for examiners and the non-technicals) Leveraging ICT (speed is the essence) Career development Reward, welfare, benefit Reorganize, reposition

51 THE MESSAGE CHANGE and DELIVER!

52 OUR RESPONSE WE RE CHANGING and FIXING THE PARTS THAT ARE NOT DELIVERING

53 INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA protecting innovation advancing competitiveness