Shipbuilding Intellectual Shipbuilding Intellectual Property ProtectionProperty Protection

CESA/GuardSHIPCESA/GuardSHIP

Rotterdam, 4 February 2010Rotterdam, 4 February 2010

Why are we different?Why are we different?

Shipbuilding specific production logisticsShipbuilding specific production logistics

Sensitive business relationsSensitive business relations

Rules and regulationsRules and regulations

Multiple leakagesMultiple leakages

II

Sensitive business relationsSensitive business relations

Current practice: IP/confidentiality clauses Current practice: IP/confidentiality clauses rarely being discussedrarely being discussed

Common attitude of the owner: If I buy the Common attitude of the owner: If I buy the ship, I have also the property right of all ship, I have also the property right of all the technical data of the ship...the technical data of the ship...

If IP disputes=> Do you dare to sue your If IP disputes=> Do you dare to sue your client who takes 30% of your sales??? And client who takes 30% of your sales??? And in the market situation now???in the market situation now???

IP protection unfriendly regulatory IP protection unfriendly regulatory environmentenvironment

IMO: design transparency v. IP protection

Article 5ter of the Paris Convention: extra burden to shipbuilding IPR enforcement

Time for changesTime for changes

Market Crisis => More “free-riders” want your knowledge now!!!

Changes are needed:

In your daily operation;

At your management; and

Join forces at European level

Join forces! Join forces!

Dedicated shipbuilding IPR competenceDedicated shipbuilding IPR competence

Use political influence and PRUse political influence and PR

PracticalPractical and and cost-efficient cost-efficient servicesservices

Change the mind-set in the industry:Change the mind-set in the industry:

IPR violation is IPR violation is thefttheft!!

… … and undermines the whole communityand undermines the whole community

Introducing GuardSHIPIntroducing GuardSHIP®®

Services offered Services offered

Handbook – practical guidanceHandbook – practical guidance

Patent and market monitoringPatent and market monitoring

Consulting on company IP policy Consulting on company IP policy

Infringement Infringement counteraction counteraction supportsupport

IP planning and consortium agreement for EU IP planning and consortium agreement for EU

funded research projectsfunded research projects

IPR BrokerageIPR Brokerage

GuardSHIP labelGuardSHIP label

HandbookHandbook

Provides practical guidance Provides practical guidance for daily workfor daily work

Part I – conceptual session:Part I – conceptual session:

• Problem description, definition of terms and instruments

Part II – practical session:

• Guidance by yard departments

• Standard contract terms for various business relations

Bi-annual amendments

Yard information flow Yard information flow

Measures to manage IP leakage risksMeasures to manage IP leakage risksExternal:External: Project managers / project management department: Project managers / project management department:

centralized filing of technical details and communication centralized filing of technical details and communication with clientswith clients

Supervisory team of the client: listen to the instruction of Supervisory team of the client: listen to the instruction of project managers and keep the shop floor cleanproject managers and keep the shop floor clean

Inspection team from Class: only provide what is required Inspection team from Class: only provide what is required by rules and regulationsby rules and regulations

External consultants: strengthen IP clausesExternal consultants: strengthen IP clauses Clients: challenge the usual practice Clients: challenge the usual practice IP position of suppliers: did they register our IP without our IP position of suppliers: did they register our IP without our

consent?consent? R & D projects: clearly define background and foreground R & D projects: clearly define background and foreground

and IP planning; do not disseminate the newest invention in and IP planning; do not disseminate the newest invention in public before it has been filed and published for IPR public before it has been filed and published for IPR protectionprotection

General security and IT security: did I lock my computer General security and IT security: did I lock my computer during lunch break?during lunch break?

Measures to manage IP leakage risksMeasures to manage IP leakage risks

Internal:Internal:

Company (group) IP policy, strategy and compliance rules: Company (group) IP policy, strategy and compliance rules: throughout all projects (contracts) and business units throughout all projects (contracts) and business units

A centralized knowledge library: central management and A centralized knowledge library: central management and protectionprotection

A dedicated body: responsible for managing the centralized A dedicated body: responsible for managing the centralized knowledge library, communicating technical information to knowledge library, communicating technical information to third parties, and public disseminationthird parties, and public dissemination

Clear communication among all departments: e.g. company Clear communication among all departments: e.g. company IP portfolio, any IP/confidentiality agreement etc. IP portfolio, any IP/confidentiality agreement etc.

Confidentiality agreements with: employees, internships Confidentiality agreements with: employees, internships (limited access)(limited access)

Strengthened IT security for all departmentsStrengthened IT security for all departments

Guidelines for technical departmentGuidelines for technical department

Do’sDo’s

Pre-contract phasePre-contract phase

Introduce IPR items when collecting all the expertise and Introduce IPR items when collecting all the expertise and knowledge within the company during the tender processknowledge within the company during the tender process

Take IPR issues into consideration when cooperating with Take IPR issues into consideration when cooperating with suppliers during the tender processsuppliers during the tender process

Require potential clients to sign confidentiality agreement Require potential clients to sign confidentiality agreement when passing tender materials and other sensitive when passing tender materials and other sensitive informationinformation

Limit the scope of information passing to the potential Limit the scope of information passing to the potential client to the extend that it is necessary to serve the tender client to the extend that it is necessary to serve the tender purposepurpose

Pay attention to IP related contractual terms when Pay attention to IP related contractual terms when participating in negotiations with clients, suppliers and classparticipating in negotiations with clients, suppliers and class

Guidelines for technical departmentGuidelines for technical departmentDo’sDo’s

Construction phaseConstruction phase Educate specific IPR items when a new order is receivedEducate specific IPR items when a new order is received Introduce IPR items in the on-going project review ensuring flow of Introduce IPR items in the on-going project review ensuring flow of

information to all involved departments if there are any changes information to all involved departments if there are any changes during the projectduring the project

Cooperate with suppliers on IPR concerns when integrating Cooperate with suppliers on IPR concerns when integrating innovative productsinnovative products

Require third parties (e.g. suppliers, class, clients) to comply with Require third parties (e.g. suppliers, class, clients) to comply with confidentiality terms when passing sensitive information and confidentiality terms when passing sensitive information and materialsmaterials

Always document and file the new knowledge that has been Always document and file the new knowledge that has been created with clear date and company namecreated with clear date and company name

Always mark the company name, copyright claim and very Always mark the company name, copyright claim and very important: confidentiality statement on documentsimportant: confidentiality statement on documents

Restrict the accessibility to the offices where it is feasibleRestrict the accessibility to the offices where it is feasible

Regularly renew the password of the terminals or introduce a Regularly renew the password of the terminals or introduce a personal check-in cardpersonal check-in card

Guidelines for technical departmentGuidelines for technical department

Do’sDo’s

After sales phaseAfter sales phase

Pay attention to potential IPR infringement when Pay attention to potential IPR infringement when communicating in the market place and by conducting communicating in the market place and by conducting regularly patent monitoringregularly patent monitoring

Consider IPR items in the after-project review which might Consider IPR items in the after-project review which might be recorded as part of the company best practicesbe recorded as part of the company best practices

Guidelines for technical departmentGuidelines for technical department

Don’tsDon’ts

Do not release more information than necessary to third Do not release more information than necessary to third parties parties

Do not disseminate information (e.g. general arrangement Do not disseminate information (e.g. general arrangement plan, drawings, photos, technical details) on the newest plan, drawings, photos, technical details) on the newest company invention in public (e.g. conference, seminar, company invention in public (e.g. conference, seminar, press) before such invention has been filed and published press) before such invention has been filed and published for IPR protectionfor IPR protection

Do not pass information on the company invention or any Do not pass information on the company invention or any other sensitive information to any third parties without other sensitive information to any third parties without signing a confidentiality agreementsigning a confidentiality agreement

Do not give advice to ex-clients about current projectsDo not give advice to ex-clients about current projects

When others infringe our IP rightsWhen others infringe our IP rights Always consult legal expertsAlways consult legal experts

In case of an unregistered process, identify In case of an unregistered process, identify whether it is possible to file for IPR registration in whether it is possible to file for IPR registration in the country(ies) where the infringement takes the country(ies) where the infringement takes placeplace

Identify infringers and how and where Identify infringers and how and where infringement took place and take appropriate infringement took place and take appropriate measuresmeasures

Define a strategy: immediate complaint letter to Define a strategy: immediate complaint letter to the infringer or collecting more supporting the infringer or collecting more supporting evidence; settlement or legal proceduresevidence; settlement or legal procedures

In certain cases, a media campaign can serve the In certain cases, a media campaign can serve the battle against the infringer battle against the infringer

Are you facing IP complaints?Are you facing IP complaints?

Answer complaint letter in a friendly and neutral Answer complaint letter in a friendly and neutral wayway

Check whether complainant holds IPR to the Check whether complainant holds IPR to the disputed technologydisputed technology

Review business and contractual relationship with Review business and contractual relationship with the complainant with regard to the technology in the complainant with regard to the technology in questionquestion

Conduct market position, corporate image and Conduct market position, corporate image and

financial risk analysisfinancial risk analysis of all parties involvedof all parties involved