'Policies fostering the participation of business in technology transfer' Peer review World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) Geneva, February 17, 2015 Nikolaus Thumm Senior Fellow Joint Research Centre, European Commission Seville/Spain 27 February 2015 1 Challenges for IP open, collaborative innovation asks for • easy access to IP • timely, simple procedures • high presumption of validity of IP rights new business models focus on • branding • customer relation • first-mover-advantage • lock-in • combinations of open and proprietary models new technologies/innovation processes might demand • alternative forms of protection (license of right, shorter/longer IP terms, sui generis systems) • enlarged public domain: e.g. for basic research tools, interoperability standards 27 February 2015 2 IP Policy Options • • • • • • Increase transparency, reduce complexity and costs Ensuring quality/validity of granted patents Improving efficiency Steering applicant's behaviour SME and University support Harmonisation of IP systems 27 February 2015 3 Significance of small and medium sized enterprises (SMEs) 27 February 2015 4 Supporting SMEs and Universities No. of SMEs Policy ? Innocent non-users Professional users 27 February 2015 Knowledge about, use of IP protection 5 Important factors for technology transfer • • • • • access to real know-how from source companies (often "Trade secrets") suitably skilled staff scientific infrastructure favourable market conditions finance 27 February 2015 6 CCMT licensing with DCs (EPO 2011) 'When your organization is making a decision whether or not to enter into a licensing or cooperative development agreement with a party in a developing country, to what extent would the following factors positively affect your assessment?' 50% Not a factor A basic precondition 45% Significantly attractive condition 40% 44% Compelling reason 42% 37% 37% 35% 28% 29% 30% 25% 20% 18% 16% 13% 15% 27% 26% 25% 13% 14% 15% 16% 10% 5% 0% Protection of intellectual property rights 27 February 2015 Scientific capabilities, infrastructure and human capital Favourable market conditions Favourable investment climate 7 Licensing (EPO/OECD survey 2007) 20% of European patent owners license out Firm size: licensing activity U-shaped Companies from Nordic countries and UK license out more Motives for licensing out patents: 1. Earning revenue 2. Entering into cross licensing deals 3. Stop others from infringing your patents 4. Sharing technology with other companies Obstacles to licensing: 24% of patenting firms are willing to but not able to license Difficulty in finding licensing partners 27 February 2015 8 THANK YOU FOR YOUR ATTENTION Contact: Nikolaus Thumm Nikolaus.thumm@ec.europa.eu 27 February 2015 9