improving service delivery of ip office - malaysia Õs ...€¦ · at the wipo inter-regional forum...

IMPROVING SERVICE

DELIVERY OF IP OFFICE

- MALAYSIA’S EXPERIENCE -

Kamel MohamadDirector General, Intellectual Property Corporation of Malaysiaat the WIPO Inter-Regional Forum on Development and Service-OrientedIntellectual Property (IP) AdministrationGeneva, July 1-2, 2008

protecting innovation ! advancing competitiveness

CORPORATE

PROFILE


BACKGROUND

• Establishment of the Trade Marks and Rights

Registration office

• 27 Oct 1990 - Intellectual Property Division under

the Ministry of Domestic Trade and Consumer

Affairs Malaysia

• 3 March 2003 - corporatized as the Intellectual

Property Corporation of Malaysia (MyIPO) under

the Intellectual Property Corporation Act 2002

• Responsible for the development and management

of intellectual property system in Malaysia


ROAD TO AUTONOMOUS

• A Cabinet paper

• Launching Grant of RM48 million

• First-year assistance from the Government on rental


MyIPO TODAY

• Corporatized agency under the Ministry of DomesticTrade and Consumer Affairs

• ‘Fully’ autonomous (finance, HR recruitment)

• Judicially autonomous (office decisions are quasi-judicial and not administrative; office must be freefrom interference and answerable to courts)

• A young office, 320 staff

• Headed by Director General and 2 Deputy DGs(Industrial Property; Corporate Affairs)

• Has no enforcement power but does provideassistant for border measures


MEMBERS OF THE CORPORATION


ORGANIZATIONAL STRUCTURE


VISION & MISSION

“To be one of the leading IP organizations”

Mission

“To provide strong legal infrastructure and effective

administration regime to enhance greater creativityand exploitation of intellectual property”

Vision


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;


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;


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.


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


SERVICES


SERVICES

! Registration of Patents, Trade Marks, IndustrialDesigns and Geographical Indications

! Advisory and consultancy services on IP

! IP information and statistical data

! Training program

! Patent agent examination

! Outreach program

! Online services (online search, filing andchecking application status)

! Helpdesk


ACHIEVEMENTS

2003-2007


PATENT

Application

0

1,000

2,000

3,000

4,000

5,000

6,000

2003 2004 2005 2006 2007

Local

Foreign

Year 2003 2004 2005 2006 2007

376 522 522 531 670

4,686 4,920 5,764 4,269 1,702

Total 5,062 5,442 6,286 4,800 2,372

• Grew 19.5% (2003-

2005)

• Application dropped

after M’sia acceded to

PCT in 2006

• Applications by non-

residents

outnumbered locals


PATENT

Registration

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

2003 2004 2005 2006 2007

Year 2003 2004 2005 2006 2007

31 24 37 187 337

1,547 2,323 2,471 6,562 6,646

Total 1,578 2,347 2,508 6,749 6,983

Local

Foreign

• Grew 77.4% (2003-

2007)

• Patents owned by

resident remain small


TRADE MARK

Application

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

2003 2004 2005 2006 2007

Year 2003 2004 2005 2006 2007

8,327 10,406 10,479 11,209 12,289

9,439 10,337 11,668 12,840 13,605

Total 17,766 20,743 22,147 24,049 25,894

Local

Foreign

• Grew 31.3% (2003-

2007)

• Applications by

residents fast

catching up


TRADE MARK

Registration

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

18,000

2003 2004 2005 2006 2007

Year 2003 2004 2005 2006 2007

3,014 3,243 3,683 5,651 8,108

9,108 8,473 7,771 10,108 17,382

Total 12,122 11,716 11,454 15,759 25,490

Local

Foreign

• Grew 38.2% (2006-

2007)


INDUSTRIAL DESIGN

Application

0

200

400

600

800

1,000

1,200

2003 2004 2005 2006 2007

Local

Foreign

Year 2003 2004 2005 2006 2007

624 520 633 616 774

700 941 974 928 1,146

Total 1,324 1,461 1,607 1,544 1,920

• Grew 19.6% (2006-

2007)

• Foreign applications

outnumbered locals


INDUSTRIAL DESIGN

Registration

0

200

400

600

800

1,000

1,200

2002 2003 2004 2005 2006 2007

Year 2003 2004 2005 2006 2007

573 602 314 700 597

974 671 463 1,100 1,076

Total 1,547 1,273 777 1,800 1,673

Local

Foreign

• Local ID owners

remain small


GEOGRAPHICAL INDICATIONS

! 4 GIs registered

Sabah Tea

Borneo Virgin Coconut Oil

Tenom Coffee

Sabah Seaweed


INTELLECTUAL PROPERTY COURT

! Launched 17 July 2007

15 Sessions Courts (IP) (one in each state including

Putrajaya)

4 High Courts (IP) of Malaya (KL, Selangor, Johor,

Perak)

2 High Courts (IP) of Borneo (Sabah, Sarawak)


Free Trade Agreement

Int. IP Offices/Org.

… growing international and domestic linkages

Domestic Cooperation

MyIPOMyIPO

International Cooperation

Gov. Higher

LearningIns.

Govt.

Agencies

Private Higher

Learning Ins.

Research

Institute

New Zealand

•Australia

•ASEAN Australia

•USA

•Pakistan

•USPTO

•APEC

•WIPO

•EPO

•JPO

•KIPO

•IP Australia

•UKIPO

PARTNERSHIP

MyIPOMyIPO

Ministries


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)


OUTREACH AND TRAINING

! National and regional seminar

! Exhibition

! Training for patent agent and other stakeholders

! MOU with universities and R&D institutions

! Awareness programmes


FINANCIAL PERFORMANCE 2007

… Trade Mark led with 58.1% revenue

RM21,462,201

RM10,431,435

RM1,826,230RM2,858,978 RM323,444

Trade MarkFixed Deposit

Industrial DesignOthers

Patent


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)



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.



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


ISSUES AND

CHALLENGES


ISSUES / CHALLENGES

POLICY-RELATED

! Implementation / Status Review of NIPP

! Revision of various Acts

! FTA negotiations (TRIPS Plus)

! International Treaties pending

! Cross-cutting issues / Inter-agency planning group

! New issues (TK, Genetic Resources, Non-

traditional knowledge)

! Copyright-related policy issues


ISSUES / CHALLENGES

OPERATIONAL

! Improving service delivery

! Low IP awareness

! Role of right holders

! MyIPO has no enforcement power


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


IMPROVING SERVICEDELIVERY OF IP OFFICE

- MALAYSIA’S EXPERIENCE -


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.


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


MALAYSIA INC.

• Introduced 1983

• Closer cooperation between public and private

sector

• Nation as a business/corporate entity jointly

owned by both

"Strengthening public-private sector working

relationship

" Improving quality of public sector services

" Improving information dissemination

"Enhancing understanding of Malaysia Inc.

among public service employee


PEMUDAH

• Special Taskforce to Facilitate Business or PEMUDAH

• Established 7th February 2007

• high-powered taskforce to address bureaucracy,reporting directly to the Prime Minister

• the team comprises 23 highly respected individualsfrom both the private and public sectors

• co-chaired by Chief Secretary to the Government andPresident of the Federation of Malaysian Manufacturers

• a concerted cross-ministerial initiative was needed toeffect greater improvement in the way governmentregulates businesses

• to be truly relevant, it needs active participation privatesector


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


INCOMING MESSAGE AND OUR RESPONSE

MESSAGE:

• Serve us better, faster (and preferably cheaper?)

RESPONSE:

• Universities/R&D instns (24 MOU, IP policy, TLO, licensingagreement, graduate programme in IP)

• Training/Examination for potential patent agents

• Capacity building for PCT

• SME (in-house training, seminar)

• Public (outreach/awareness programmes)

• IP Courts (capacity building for Judges, DPP)

• Enforcement agencies (capacity building)

• Advisory services

• On-line services

• Paperless environment

• IP Online Search & Filing

• IP Register

• Patent Mapping Services

• Commercial Mediation

• Prior Art Search

• Patent Licensing

Information Services

• Expedited Examination

• Consultancy and Advisory

• IP Digital Library

• IP Journal

• Well known Trade Mark

Info

• Notification via SMS

• Voluntary Notification

System for Copyright

• Traditional Knowledge

Digital Library

• Patent Linkage

• Trade Mark Linkage

New Services

• IP Registration (Patent,

Trade Mark, Industrial

Design, Geographical

Indication)

• Patent and Trade Mark

Online Search & Filing

• MyIPO Image Search

System

• Application Status Inquiry

• Publication Server

• Trade Mark Gazette

• Agent Correspondence

System

• Trade Mark Register

• Patent Register

• Customer Feedback Form

• Helpdesk

• Counter

Services to Public

MyIPO SERVICES


TOWARDS PAPERLESS OFFICE

Paper Files


Scanning Project



Paperless Environment



PUBLIC COUNTER: WE CARE


OUTGOING MESSAGE AND THEIR RESPONSE

MESSAGE:

• Engage with us so that we can serve you better,

faster (and preferably cheaper?)

RESPONSE:

• joint programmes (outreach, capacity building)

• feedback and consultative mechanisms

• e-mails

• annual (and regular) consultations

• National IP Policy committee members

• role of media


ROLE OF MEDIA


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


THE MESSAGE

CHANGE

and

DELIVER!


OUR RESPONSE

WE’RE CHANGING

and

FIXING THE PARTS

THAT

ARE NOT DELIVERING


INTELLECTUAL PROPERTY CORPORATION OF MALAYSIA

protecting innovation – advancing competitiveness

http://www.myipo.gov.my

improving service delivery of ip office - malaysia Õs ...€¦ · at the wipo inter-regional forum...

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