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1、CHECKLISTThe Intellectual Property Office(IPO)of the Futureby The IPO of the Future Think Tank2|Checklist:The Intellectual Property Office(IPO)of the FutureThe original Intellectual Property Office of the Future Report(Report)provides a comprehensive resource for Intellectual Property Offices(IPOs),
2、large and small,in developing and developed countries,to future-proof their operations and structures,and to proactively engage with their planning and positioning requirements in view of the environment and requirements they are likely to face.This IPO of the Future Checklist(Checklist)is a compani
3、on piece to the Report and attempts to distill its recommendations into a concise net-net format that can be applied and discussed readily in a range of formats,such as setting medium-and longer-term strategies,onboarding of new leadership,management reviews,time-series comparisons,department compar
4、isons,risk assessment and mitigation,and the like.The Checklist fills the“application gap,”providing IPO recommendations in a concise format that can be used to“check”both applicability of various recommendations to an individual IPO,and the IPOs status in addressing those recommendations.The Checkl
5、ist can be used in briefing a new head of office or other new leadership executive regarding the competencies an IPO should be considering,and what it has done to master those competencies.The Checklist can also be used with oversight committees and government administration-level managers to recomm
6、end and support budgetary items needed to address likely future(or even present/imminent)issues identified in the Checklist that a particular IPO may not yet have addressed.Over time,the Checklist can also be used to measure progress toward mastering all applicable items,or within an individual IPO
7、to compare status and efforts across departments.Finally,it can be used to benchmark like-situated IPOs vis-vis one another,including by each IPO self-assessing using a“level of maturity”for various items in the Checklist.Such honest,self-reflective maturity assessments and inter-office comparisons
8、can provide depth and nuance to IPO leaderships ability to understand and address change where most needed.Applying the same philosophy as was used to develop the IPO of the Future Report,the Checklist aims to embody diversity and inclusion.The Think Tank thus comprises a team of Experts representin
9、g different regions,Office sizes,and development levels of the countries these Offices serve,including current and former heads of IP Offices:Loreto Bresky,National Director,Chilean Industrial Property Institute(INAPI)Catherine Chammartin,Director General,Swiss Federal Institute of Intellectual Prop
10、erty(IPI)Konstantinos Georgaras,Chief Executive Officer,Canadian Intellectual Property Office David Kappos,Director,United States Patent and Trademark Office(USPTO)(20092013)Rena Lee,Chief Executive,Intellectual Property Office of Singapore(IPOS)Tim Moss,Chief Executive and Comptroller General,Unite
11、d Kingdom Intellectual Property Office(20172022)(IPO UK)Sune Stampe Srensen,Director General,CEO,Danish Patent and Trademark OfficeSpecial thanks to Sergio Escudero,Head International Affairs and Policy Department,Chilean Industrial Property Institute(INAPI),and Denisse Perez,Legal Adviser,Internati
12、onal Affairs and Policy Department Chilean Industrial Property Institute(INAPI),and to the staff of the IPOs represented in this Expert Group for their support in producing the Checklist.PurposeChecklist:The Intellectual Property Office(IPO)of the Future|3 COREHow good are you at?BEYOND COREShould y
13、ou look at?FOUNDATIONALDo you have?WhyThe Report addresses the main challenges IPOs face based on two main perspectives:their traditional roles or core mandates;and their wider role in supporting and incentivizing innovation.The Checklist can help IPOs assess which of the suggested activities should
14、 be pursued first,based on their priorities.However,some outcomes depend on the achievement of certain basic priorities.An IPO can use the Checklist to identify its primary and secondary mandate outcomes andmost importantlywhether the IPO has a sound foundation to achieve these goals.Last but not le
15、ast,the Expert Group took into consideration that regardless of the order of priorities,outcomes must be in conformity with the law and,where discretionary power exists,IPOs should be taking into consideration the interests of all stakeholders.How to Read the ChecklistThe Checklist breaks down all t
16、he outcomes explained by the Report into Foundational items,Core items,and Beyond Core items.Each section includes a reference to the corresponding section of the Report for an extended explanation of what is meant for each of the items.Self-Assessment:Overview of Internal and External Factors(Think
17、:Balanced Scorecard Assessment)Optimal pendency (3.1.B)Engaging users(3.2.F)Ensuring quality services to stakeholders and internally integrating services across multiple forms of IP(3.2.G)Increasing market efficiency with ownership information(3.2.I)Harmonizing IP laws(3.1.A)Connecting across a mult
18、itude of stakeholders (3.2.F)Supporting research and innovation ecosystem(3.2.H)Increasing market performance through IP valuation(3.2.J)Increasing trust and respect for IP through enforcement (3.2.K)Raising awareness of and providing education on IP benefits(3.2.L)Informing and supporting policy de
19、velopment(3.2.M)Enabling AI and other disruptive technologies(3.2.N)Sufficient Financial resources and stewardship(3.1.E)The capacity to evaluate,deploy,develop,and manage new technology to adapt services(3.1.C)The right human resources (3.1.D)Lessons learned from the pandemic(Post-COVID-19 transfor
20、mation)(Part 4)The capacity to become a data-driven office(3.2.O)ENVIRONMENTAL SCAN OF EXTERNAL FACTORSHow are the world and conditions outside of the IPO affecting priorities,strategies,and actions?Globalization Informal and non-traditional forms of IP Anti-IP sentiment Evolving domestic and intern
21、ational policies and strategies Growing value and demand for IP Disruptive technologies Diversity,equity,and Inclusion Intergenerational preferences4|Checklist:The Intellectual Property Office(IPO)of the FutureA Note on External FactorsThe Report was built based on several factors that may affect ho
22、w IPOs address their core and non-core mandates,as well as those mandates themselves.The Report acknowledges that the pace of global,technological,economic,and societal change is accelerating and evolving in sometimes unforeseen ways.These external changes test the strength of the intellectual prope
23、rty(IP)system,the value of intellectual property rights(IPRs),and the confidence in IPOs.Environmental scanning of changing factors and conditions is critical for IPOs to keep abreast of external and internal factors that may affect operations and priorities.Intergenerational preferences1 or concept
24、ions about IP requirements are evolving and challenging the traditional views on the demand for and use of IPRs.There has also been a fundamental shift to ensure that IPOs themselves represent new social values;hence,diversity,equity,and inclusion concerns have become key in assuring equal access to
25、 the IP system.Disruptive technologies,such as artificial intelligence(AI),2 often operate in areas where the regulatory environment is uncertain,and current IPO structures may not readily facilitate their deployment.For many countries,applicable IP laws pre-date the Internet,calling into questionwh
26、ether such laws remain fit for purpose.The Report invites IPOs to consider how private IPRs supplant or complement formal IPRs.3 Indeed,in response to the exponential growth in online retail,some firms have created private IPR systems in which IPRs are issued and enforced online.IPOs could also cons
27、ider responding proactively to anti-IP sentiment4 in times of crisis.Striking the right balance between competing interests is challenging,and there will be instances of undue pressure on governments,as well as misuse,underuse,or overuse of IP by IP owners.Certain instances,such as patent“trolling”o
28、r trademark“squatting,”have exacerbated the situation further and have generated anti-IP sentiment.Also,the early pandemic response,for example,raised concerns in certain sectors.Finally,the pandemic5 brought about two irrefutable facts and challenges.First,it acted as an accelerant to digital trans
29、formation,increasing demand for IP.And the launch of virtual platforms,such as the metaverse,may challenge use of IPRs in a virtual space.Second,it represented one of the largest external shocks in a generation.IPOs gained experience while working virtually during the pandemic,including technologica
30、l advancement,maintaining quality and productivity in a virtual space,and introducing new work arrangements.Additionally,during the pandemic many IPOs experienced an unusual increase in the demand for their services,mainly in the trademark space,which has lead to an increase in the processing time o
31、f IP applications and controversies among parties.Therefore,IPOs could consider their role in staying abreast of developments and informing users regarding IPR protection in the virtual space.Additionally,they can use the lessons learned from working virtually to create a workplace of the future,one
32、 that can access diverse talent from across domestic regions and create new quality of life and work-life balance aspirationsall while maintaining or improving work-product quality and productivity.In addition to the need to continue delivering on core mandates,all these evolving environmental facto
33、rs require IPOs to consider how to continue delivering on core mandates to remain relevant and effective in the present,and to plan for forthcoming opportunities and challenges,in building themselves into an IPO of the Future.1 Report,p.15.2 Id,p.10.3 Id,p.1516.4 Id,p.10.5 Id,p.44.Checklist:The Inte
34、llectual Property Office(IPO)of the Future|5Checklist of Considerations FoundationalFinancial Resources and Stewardship 3.1 AFinancial autonomy and sustainability.A number of funding models exist based on domestic circumstances,authorities,and independence.Financial autonomy allows IPOs to adapt to
35、changes in the market and to make long-term infrastructure modernization plans.Financial autonomy requires heightened transparency and stewardship.Responsiveness to market demand.IPOs can put in place mechanisms enabling them to weather the up and down cycles of incoming IP applications,to ensure en
36、oughnot too little or too muchfunding to accomplish their missions,to obtain supplemental funding quickly if needed,and to return excess funding as appropriate.Skill set.New skills may be needed to understand and handle the macro-and micro-economics surrounding the IPO of the Future and its role in
37、the larger economy.Positions such as CFOs,financial management analysts,business analysts,and chief economists can apply private sector approaches to advise IPOs on maximizing the benefits of operating like a financially sound business.Evaluating,Deploying,Developing and Managing New Technologies3.1
38、 CTake smart risks.Recognizing that IT is complicated,it will be essential for the IPO of the Future to attract and retain IT talent;support continuous experimentation;engage in iterative pilots;and engage stakeholders in IT development.Develop shared tools.Consider co-deployment with other IPOs tha
39、t have similar priorities and that face similar challenges through open source software;sharing code through platforms;collaborating multilaterally through coalitions;and WIPO committees.Invest in cybersecurity.Cybersecurity in IPOs is likely to emerge as a major topic for the IPO of the Future.The
40、growth in importance of IP as a competitive differentiator,coupled with the heightened benefits associated with a time-to-market advantage,make IPOs increasingly attractive targets for hackers.Human Resources3.1 DEnsure diversity,equity,and inclusion.IPOs must work towards ensuring that they represe
41、nt and reflect the diversity of their applicants.Identify new employment opportunities.Today,trademark examiners,patent examiners,and many other staff members in IPOs are public servants with full-time,life-long(or,at least,long-term)employment.The introduction of new technologies,may cause workforc
42、e changes,creating new opportunities for workers even as previous work becomes automatedBecoming a Data-Driven Organization 3.2 OUse data purposefully.An IPO can be data-driven and capable of leveraging the full value of data.It can be an early adopter of data-driven digital technologies to benefit
43、its stakeholders.Adopt a data strategy and data stewardship.This data-driven approach requires IPOs to develop an enterprise-wide data strategy,detailing the management of data across the organization(i.e.,ensuring that it is used ethically and stored securely).Avoid introduction of bias in datasets
44、.IPOs must ensure that their data and the uses of such data are free from bias or discrimination.Chief Data Officer(CDO).As organizations have recognized the importance of business intelligence and data management to operations,the role of the Chief Data Officer(CDO)has become more visible and cruci
45、al.IPOs can appoint Chief Data Officers and can establish data science centers of excellence to leverage the full value of data.Post-COVD Transformation 4Many IPOs have not only survived but thrived through the COVID-19 pandemic.Working virtually resulted in many advancements in technology,evolved m
46、anagement and hiring practices,and redefined traditional organizational structures.IPOs should reflect on lessons learned during the pandemic,invest in areas that have benefited from remote work,address gaps that have become apparent,expand sourcing of talent,leverage and develop new technologies,et
47、c.6|Checklist:The Intellectual Property Office(IPO)of the Future Checklist of Considerations CoreOptimal Pendency 3.1 BConsider all factors for optimal pendency.Consider a multitude of factors in determining optimal pendency for specific applicant needs,not just speed.Balance optimal pendency with q
48、uality and free competition.Quality must remain paramount,and time must also be balanced against the public interest in certainty in the marketplace.Provide options to stakeholders.Ensure optionality is provided to applicants to proceed at a desired speed(e.g.,accelerated processes,Patent Prosecutio
49、n Highway(PPH).Ensuring Quality Services to Stakeholders and Internally Integrated Services Across Multiple Forms of IP 3.2 GIntegration:IPRs have traditionally been based on separate rights derived from distinct laws and handled by distinct organizational structures within IPOs.In some organization
50、s,these functions are co-located,but there sometimes remain deeply entrenched silos.In other instances,all forms of IPRs are spread across different agencies.This structure can be challenging for stakeholders seeking multiple forms of IP as part of their IP bundle to help them get their product to m
51、arket.IPOs could help innovators and creators navigate these complex bureaucracies or develop more integrated application processes.Improve the applicants experience.Excellence in the design and delivery of services promotes confidence in IPOs,and contributes to achieving public policy goals,efficie
52、nt service delivery,and better service experiences for applicants.Increasing Market Efficiency with Ownership Information 3.2 ISecure the quality and availability of information on the register.IPOs have a fundamental role in both granting quality IPRs and identifying clear ownership so as to ensure
53、 an efficient and transparent IP mar-ketplace,in turn raising confidence and trust in the marketplace.More can be done to ensure the quality of information on the register and to ensure that existing information is readily available.Checklist:The Intellectual Property Office(IPO)of the Future|7 Chec
54、klist of Considerations Beyond CoreHarmonization 3.1 E Pursue substantive and procedural harmonization.In an increasingly globalizing marketplace,consider Harmonization by Design to increase consistency,predictability,efficiency,and quality.Pursue bottom-up and top-down harmonization.Pursue a“bottom
55、-up”approach through the bilateral efforts of individual IPOs,which focuses on increased efficiency and network effects.At the same time,pursue a“top-down”approach,which focuses on across-the-board adoption of harmonized rules,created by substantial groups of nations.Pursue harmonization in all poss
56、ible areas.Consider international harmonization of IP systems to provide a predictable and level global playing field:adopt practical mutual recognition agreements,such as the GPPH;support data and work-sharing through online platforms;enable IT interoperability;allow for consistency of forms,inform
57、ation sought,timelines;facilitate regional IP administration(e.g.,EPO,EUIPO,ARIPO).Connecting Across a Multitude of Stakeholders:IPOs Do Not Operate in a Bubble 3.2 FIPOs are in a unique position in the innovation ecosystem to connect common interests,including applicants,businesses,associations,pro
58、fessionals,academics,other government agencies,international counterparts,etc.Engage directly with stakeholders.IPOs should directly engage innovators and SMEs to develop a clearer understanding of their business goals and IP strategies,including an understanding of those not seeking IPRs.Take into
59、consideration professionals and professional associations.IP professionals are key interlocutors between IPOs and IPR seekers.In a sense,IPOs and IP professionals jointly deliver IPRs and services to stakeholders.Balance interests.IPOs must develop a thorough understanding of stakeholders to advance
60、 areas of common interest and at times must balance competing interests while maintaining the public interest.Inform researchers.IPOs can play a role in informing researchers,academics,and think tanks about IP-filing and technology trends to help build capacity and interest in undertaking research t
61、hat can benefit the IP system.Inform other government agencies.In some jurisdictions,various IP functions are diffused across several agencies.IPOs can help innovators and creators navigate these complex bureaucracies.IPOs can play an active role in policy development,ensuring that legislative,regul
62、atory,practice,and administrative procedures across multiple agencies are informed by IPO expertise and that these procedures meet stakeholder needs.Supporting Research and Innovation Ecosystem 3.2 HShare information and raise awareness of IP.A fundamental purpose of IP is to support innovation and
63、creativity.One way it achieves this goal is by fostering an environment where the knowledge contained in a patent application,once published,is public and available for all to learn and build upon.IPOs can support innovators by raising awareness to help them understand how to access and use availabl
64、e information in developing their innovation and IP strategies(e.g.,prior art searches,IP databases,IP landscapes).Ensure sufficient disclosure.IPOs must ensure that information included in IP applications is sufficient to live up to the regulatory bargain of disclosure for the public benefit.8|Chec
65、klist:The Intellectual Property Office(IPO)of the Future Checklist of Considerations Beyond CoreIncreasing Marketplace Performance Through IP Valuation 3.2 J Raise awareness on the importance of IP valuation.Despite the importance of IP as a business asset,companies face many barriers in conducting
66、IP valuation,including lack of valuation expertise;difficulty finding an IP valuation firm;lack of internal capacity;lack of consensus on acceptable methodologies;accounting standards that make it difficult to value intangible assets;the cost of conducting valuation;concerns over impartiality or cre
67、dibility;lack of awareness;and other competing business issues taking precedence over valuation.Fill the gap with caution.IP valuation is best left for IP professionals and valuation firms,rather than for IPOs.IPOs can raise awareness of the importance of having an IP valuation as part of a companys
68、 business strategy without interfering with the marketplace for conducting such valuations.Increase Trust and Respect for IP Through Enforcement 3.2 KParticipate in an IP enforcement coordination center.Some countries have created a central coordination unit outside of their IPOs to fight against co
69、unterfeits,piracy,and other IP crimes.These countries aim to remedy the inefficiencies resulting from multiple national agencies looking at these IP crimes in isolation.Act as an information hub.IPOs can act as a hub for information exchange across a range of government agencies and private sector i
70、nterests involved with enforcement.Undertake research.As part of broader networks or focused economic research groups(e.g.,the EPO Conservatory),IPOs can undertake economic research and tracking of issues to understand marketplace activities,such as the impact of counterfeiting.Raise awareness.IPOs
71、can provide basic information or point to available resources internationally to raise awareness of the value and importance of respecting IP.Raising Awareness and Providing Education on IP Benefits(in Particular,Benefits to Apply for and Use IP)3.2 lIPOs can contribute to wider IP awareness and edu
72、cation,and support the development and commercialization of IP,through a range of programs that inform and educate individuals and businesses.Measure Impact.IPOs should develop meaningful performance indicators on awareness activities.Leverage existing awareness tools.Rather than generating new info
73、rmation resources,IPOs should tap into an extensive network to learn from best practices and adapt well-developed information products from other jurisdictions.Focus awareness activities.With limited budgets,IPOs must tailor efforts to address specific gaps that exist in the market,deliberately and
74、strategically targeting sectors,regions,and technologies,and leveraging channels available to intermediaries.Align activities with government priorities.IPOs should target support to underrepresented groups,such as indigenous people,women,SMEs,certain technology sectors,etc.Work with partners to rea
75、ch potential rights-seekers.IPOs do not have the mandate,resources,or capacity to reach all potential IP stakeholders.IPOs can partner with intermediaries(e.g.,universities,business associations,IP professionals)and leverage existing channels to extend the reach of awareness activities.Fill gaps unt
76、il the private or non-profit sectors step in.In some instances,a gap may exist that would best fall within the responsibility of the private or non-profit sectors,and there may be a temporary role for the IPO until such time as the private sector market builds sufficient capacity.Checklist:The Intel
77、lectual Property Office(IPO)of the Future|9 Checklist of Considerations Beyond CoreInform and Support Policy Development 3.2 MBecome a center of expertise on IP and part of the policymaking process.The knowledge gathered by an IPO in the administration of IPRs provides a critical source of informati
78、on and expertise to inform and influence IP policy development.IPOs can provide expertise on how IP policy and IPO administration interact with other complex policy areas,such as trade,economic development,competition law,standard setting,standard essential patents,industrial policy,and national sec
79、urity.Create an evidence base to inform policy development.IPOs can invest in building on the nascent but growing network of IP economists,as well as experts at WIPO,OECD,and academic and research institutions,to build a robust evidence base,supporting policy development and informing academic and m
80、edia activities.Adopt the 2019 Guidelines to Use Evidence from Research to Support Policymaking.IPOs can adopt the 2019 inaugural guidelines for using research evidence to support policymaking.The guidelines provide best practices to ensure that the highest possible quality of evidence is used in th
81、e decision-making process at IPOs and in government generally.Enabling Artificial Intelligence and Other Disruptive Technologies 3.2 NMonitor disruptive technologies.IPOs can continually monitor for signals of disruptive technologies and improve responsiveness to emerging market needs,so as to estab
82、lish rights with maximum legal certainty,as quickly as possible.Stay current.IPOs can remain current through:(i)exchange of expertise with counterpart IPOs;(ii)bringing private sector expertise into the IPO examination process;(iii)crowdsourcing talent or expertise;(iv)using big data and non-traditi
83、onal search methodologies and tools;and(v)deploying machine learning.Utilize AI and disruptive technologies:IPOs should utilize AI to gain efficiencies in the delivery of IP services(e.g.,classification,prior art search,data analysis,and process automation).Care is required to ensure transparency an
84、d unbiased outcomes in decision-making algorithms.Use IP data to support AI.AI applications learn by analyzing vast amounts of data,and data is central to supporting AI implementation.IPOs can use their large datasets to provide a mature model for data dissemination.IPOs are stewards of large amount
85、s of administrative data resulting from their IP-granting functions;making these data sets public will provide a useful tool for machine learning.Anticipate challenges resulting from AI-generated inventions.Commercial AI-generated works and AI-generated inventions may affect the granting of IPRs and
86、 the IP system more generally.IPOs can proactively reflect upon the challenges this will pose to well-established IP concepts,such as the concepts of“author”and“inventor,”and how principles of IP such as those defining thresholds of originality and disclosure requirements can provide built-in means
87、for the IP framework to adapt to new realities.Checklist:The Intellectual Property Office(IPO)of the Future|10 The IPO of the Future Think TankREPORT:THE INTELLECTUAL PROPERTY OFFICE(IPO)OF THE FUTURE Published byREPORT:THE INTELLECTUAL PROPERTY OFFICE(IPO)OF THE FUTURE byTHE IPO OF THE FUTURE THINK
88、 TANKReleased in November 2020INTRODUCTIONIn April 2019,the International Trademark Association(INTA)launched the Intellectual Property Office(IPO)of the Future Think Tank(Think Tank).The objective of this initiative is to provide a thought-provoking and holistic reflection on what an IPO might look
89、 like in the future,in particular over the next 10 to 20 years.The world of Intellectual Property(IP)is changing quickly and in many ways,including the soaring value of intangibles;increasing IP filing volumes and the volatility of filings;the emergence of new countries as IP powerhouses;the increas
90、ing internationalization of IP;the growing complexity and interdisciplinary nature of technologies;the changing nature of work and businesses with disruptive technologies;the deepening intersection between IP,trade,anti-trust,and innovation;the diversity of innovation emerging from developing countr
91、ies;and the more centralized role of IP in fueling the innovation required to address the worlds most daunting challenges including finding appropriate solutions to curb increasing threats to public health,human and animal life,and food security.With so much change occurring simultaneously,we must e
92、nsure that IPOs of the future are nimble and robust enough to absorb,manage,facilitate,and enable change.The Think Tank offers this report as a view of what the IPO of the Future might look like.The report reflects the collective input of former and current heads of IPOs and key contributors who for
93、med the projects Expert Group,namely:o Paula Adamson,General Manager,Trade Mark and Designs Group,IP Australia (2017-2020)o Benot Battistelli,President,European Patent Office(EPO)(2010-2018)o Johanne Blisle,Chief Executive Officer,Canadian Intellectual Property Office (2015-2020)o Pascal Faure,Direc
94、tor General,French National Institute for Industrial Property(INPI)o Konstantinos Georgaras,Chief Executive Officer(interim),Canadian Intellectual Property Office(2020-)o Om Prakash Gupta,Controller General of Patents,Designs,and Trade Marks,Office of the Controller General of Patents,Designs&Tradem
95、arks of Indiao David Kappos,Director,United States Patent and Trademark Office(USPTO)(2009-2013)o Miguel ngel Margin,Director General,Mexican Institute of Industrial Property (IMPI)(2013-2018)o Maximiliano Santa Cruz,Director,National Institute of Industrial Property of Chile (INAPI)(2009-2018)o Jos
96、ephine Rima Santiago,Director General,Intellectual Property Office of the Philippines(IPOPHL)(2015-2019)o Michael Schwager,Director General,IP Australiao Daren Tang,in his capacity of Former Chief Executive,Intellectual Property Office of Singapore(IPOS)(2015-2020)o Bemanya Twebaze,Registrar General
97、,Uganda Registration Services Bureauo Rory Voller,Commissioner,Companies and Intellectual Property Commission of South Africa,(CIPC)Catherine Chammartin,Director General,Swiss Federal Institute for Intellectual Property kindly shared some input as well.The Expert Group was supported by INTA staff:Jo
98、s Luis Londoo,Chief Representative Officer Latin America and the Caribbean(and Colombian Deputy Superintendent for Industrial Property,2010-2017,Superintendent of industry and Commerce of Colombia),Hlne Nicora,Chief Representative Officer Europe,and Renee Garrahan,Associate,Economic Research.We reco
99、gnize that each IPO faces different challenges,opportunities,mandates,historical contexts,social imperatives,and economic opportunities.While IPOs of the Future must be tailored for each country,market,and region,there is a commonality of key interests and vision for the future shared by many.This r
100、eport explores three key themes and a case study:I.EVOLUTION OF THE IP SYSTEMThe world has changed II.FUTURE CHALLENGES AND OPPORTUNITIESThe world will continue to change dramatically III.THE IPO OF THE FUTUREThe features of an effective IPO of the Future,one that is built for purpose,including both
101、 traditional and nontraditional roles IV.CASE STUDYIPOs Surviving and Thriving Through the COVID-19 Crisis (Applying the IPO of the Future Framework)Table of ContentsExecutive summaryPart I EVOLUTION OF THE IP SYSTEM The World Has Changed1.1 The Current IP System 1.2 IPOs Today(i)Innovation and Its
102、Promotion(ii)Support the Development of Broader Public Policies(iii)Awareness and Education(iv)IP Marketplace(v)Further Collaboration with Other IPOs(vi)Enforcement SupportPart II FUTURE CHALLENGES AND OPPORTUNITIESThe World Will Continue to Change Dramatically2.1 The Game Changers to Consider for a
103、n Effective IPO of the Future (i)The Fourth Industrial Revolution(ii)Globalization and Demand for IPRs(iii)Harmonization and Domestic Support(iv)Quality,Timeliness,and Fees(v)Surging Volumes,Subsidies,and Distortion of Global Applications(vi)Transparency and Bad Faith Filings(vii)The Rise of Private
104、 Rights and Informal IP Protection(viii)Digital Inventions and Innovations(ix)The Importance of DataPart III THE IPO OF THE FUTURE The Features of an Effective IPO of the Future,One That is Built for Purpose,Including Both Traditional and Nontraditional Roles3.1TheIPOoftheFutureCoreAdministrativeMan
105、dates(A)Harmonization of IP Laws(B)Optimal Pendency(C)Evaluating,Deploying,and Managing New Technologies to Adapt Services(D)Human Resources(E)Financial Resources and Stewardship 3.2 The IPO of the Future Beyond Traditional Roles(F)Connecting Across a Multitude of Stakeholders(Not Operating in a Bub
106、ble)(G)Ensuring Quality Services to Stakeholders and Internally Integrating Services Across Multiple Forms of Intellectual Property(H)Supporting Research and the Innovation Ecosystem(I)Increasing Market Efficiency With Ownership Information(J)Increasing Marketplace Performance Through IP Valuation(K
107、)Increasing Trust and Respect for IP Through Enforcement(L)Raising Awareness and Providing Education on IP benefits,in particular benefits to apply and use IP(M)Informing and Supporting Policy Development(N)Enabling Artificial Intelligence and Disruptive Technologies(O)Becoming a data-driven organiz
108、ationPART IV CASE STUDYIPOs Surviving and Thriving Through the COVID Crisis(Applying the IPO of the Future Framework)ConclusionExecutive Summary IPO of the Future ReportOctober 2020Every Intellectual Property Office(IPO)faces different challenges,opportunities,mandates,historical contexts,and social
109、 and economic imperatives.But all IPOs are confronted with a rapidly changing intellectual property(IP)world,including the soaring value of intangibles,the increasing volume of IP filings,the emergence of new countries as IP powerhouses;the increasing internationalization of IP;the growing complexit
110、y and interdisciplinary nature of technologies;the changing nature of work and businesses with disruptive technologies;the deepening intersection between IP,trade,antitrust,and innovation;the diversity of innovation emerging from developing countries;and the more centralized role of IP in fueling th
111、e innovation required to address the worlds most daunting challenges such as finding appropriate solutions to curb increasing threats to public health,human and animal life,and food security.With so much change occurring simultaneously,IPOs must ensure that they are nimble and robust enough to absor
112、b,manage,facilitate,and enable change,now and in the future.While there is no one-size-fits-all approach that fits all jurisdictions,there is a commonality of key interests and vision for the future shared by many.This Report on the IPO of the Future provides a holistic reflection on what an IPO mig
113、ht look like in the next 10 to 20 years,via the exploration of three key themes and a case study:I.EVOLUTION OF THE IP SYSTEMThe world has changedII.FUTURE CHALLENGES AND OPPORTUNITIESThe world will continue to change dramaticallyIII.THE IPO OF THE FUTUREThe features of an effective IPO of the Futur
114、e,one that is built for purpose,including both traditional and nontraditional rolesIV.CASE STUDYIPOs Surviving and Thriving Through the COVID-19 Crisis (Applying the IPO of the Future Framework)The Report reflects the collective input of 14 key contributors,former and current heads of IPOs,namely:Pa
115、ula Adamson,General Manager,Trade Mark and Designs Group,IP Australia(20172020);Benot Battistelli,President,European Patent Office(EPO)(20102018);Johanne Blisle,Chief Executive Officer,Canadian Intellectual Property Office(20152020);Pascal Faure,Director General,French National Institute for Industr
116、ial Property(INPI);Konstantinos Georgaras,Chief Executive Officer(Interim),Canadian Intellectual Property Office(2020present);Om Prakash Gupta,Controller General of Patents,Designs,and Trade Marks,Office of the Controller General of Patents,Designs&Trademarks of India;David Kappos,Director,United St
117、ates Patent and Trademark Office(USPTO)(20092013);Miguel ngel Margin,Director General,Mexican Institute of Industrial Property(IMPI)(20132018);Maximiliano Santa Cruz,Director,National Institute of Industrial Property of Chile(INAPI)(20092018);Josephine Rima Santiago,Director General,Intellectual Pro
118、perty Office of the Philippines(IPOPHL)(20152019);Michael Schwager,Director General,IP Australia;Daren Tang,in his capacity of Former Chief Executive,Intellectual Property Office of Singapore(IPOS)(20152020);Bemanya Twebaze,Registrar General,Uganda Registration Services Bureau;and Rory Voller,Commis
119、sioner,Companies and Intellectual Property Commission of South Africa(CIPC).This Report addresses the following elements:I/The world has changed,and the IP system has evolved.In recent decades,the importance of intangible assets has increased significantly,intellectual property rights(IPRs)have incr
120、eased both in volume and complexity due to the changing nature of innovation,which has become more global,interconnected,and interdisciplinary.This,together with the strengthening of global trade and the development of new technologies,has changed IP stakeholders needs.IP is playing a different role
121、 in our modern digital economy,which underscores the need to include IP considerations in public,industrial,innovation,and economic policies.As a resultand with the increasing use of alternative means to resolve IPR disputes,the development of private regimes for recordation and enforcement of IPRs,
122、the public and business worlds lack of understanding,and insufficient communication about the benefits of IPRsIPOs were influenced to go beyond their role of examining,registering and administering IPRs.Today,IPOs are still performing these traditional tasks,with traditional stakeholders,and facing
123、traditional problems such as backlogs and lack of resources.However,many IPOs are increasingly taking on additional tasks,but with differences in new task selection,their number,and their implementation pace.This results in a diversity of roles among IPOs across the globe.Such additional roles inclu
124、de promoting innovation,supporting the development of broader public policies,raising awareness and providing education on IP,understanding the IP marketplace(including how stakeholders discern IP valuation and make licensing decisions),further collaborating with other IPOs,and supporting enforcemen
125、t of IPRs.II/The world will continue to change dramatically.The pace of global,technological,economic,and societal change is accelerating.These areas are evolving in sometimes unforeseen ways and the changes that are occurring will test the strength of the IP system,the value of IPRs,and the confide
126、nce in IPOs.Because new business models and technologies are advancing faster than the pace of legislative change,they raise new challenges for IP legislation,office practices,and policy environments.In this context,there are several game changers and challenges that an efficient IPO of the Future s
127、hould consider,such as the fourth industrial revolution and increasing globalization fueling enhanced international engagement and further harmonization of IPRs.While substantive harmonization of IP systems appears more and more challenging,procedural harmonization and shared technological solutions
128、 are increasingly important for the sake of businesses operating in different markets.The IPO of the Future must also be vigilant about the quality and timeliness of its services,and its fees,so as to meet different users expectations.Particular attention will need to be paid to the unpredictability
129、 of demands for IPRs;business disruptions brought by crises,pandemics and wars;surging volumes of IPR applications;and distorted volumes or quality of IPR applications globally,due to the subsidization of IP applications in certain jurisdictions.Transparency in IP policy and systems will need to be
130、strengthened while bad faith filings kept at bay with appropriate legislation and practices.The rise of private rights systems and informal IP protection,together with transformative technologies and AI inventions(and their questionable eligibility for IP protection),add other complex layers to the
131、equation that the IPO of the Future must consider.Last but not least,as data becomes more important for businesses,so does the demand on IPOs to provide accurate registries,clean and searchable data,and curated information.III/In this context,to remain relevant,efficient,and sustainable,the IPO of t
132、he Future will have specific features,both within its core administrative mandates and beyond traditional roles.1.In terms of core administrative mandates,the IPO of the Future will need to closely evaluate the suitability of its products and services to respond to an increasing and volatile number
133、of IPR applications,the soaring complexity of these applications,the diversity of businesses strategies,and the evolving needs of all stakeholders in the IP system.These changes require the IPO of the Future to adapt its practices,services,and procedures to become more agile and effective as well as
134、 more diverse and inclusive.This includes relying on new technologies to increase speed and efficiency,and providing more options to stakeholders,while balancing optimal pendency with high quality and free competition.These changes will test the financial resources,financing models,and financial sus
135、tainability of IPOs as the need for investments in people,information technology(“IT”)systems,and workplace resources escalates.These changes will also require IPOs to carefully evaluate how best to integrate new tools,how to increase inclusiveness and access to diverse groups that are currently und
136、erserved by or lack access to the IP system or understanding of it,how to re-train staff,and how to recruit a new generation of employees with a diverse skillset.In this regard,the IPO of the Future will work with other IPOs to develop solutions and tools that can be shared.These efforts can advanta
137、geously serve to further harmonize processes,practices,standards,and tools across regions in an inclusive manner while accommodating each IPOs individual particularities.2.In terms of non-traditional roles,IPOs have developed roles beyond their historic mandates of examination,registration,and admin
138、istration of IPRs,to respond to the challenges described above,while adjusting to factors unique to each of them that dictate the nature and priority of such additional roles.To perform such additional roles,the IPO of the Future will ensure that it works with a multitude of domestic and foreign sta
139、keholders from the public and private sector,from the IP bubble and beyond,to offer stakeholder-centric products and quality,modern,relevant,and tailored services,and addresses gaps in the market and the needs of underrepresented groups.Engagement with diverse stakeholders will help the IPO of the F
140、uture to identify best practices though collaboration and to provide targeted IP awareness and education programs,while balancing all interests at stake with the public interest.The IPO of the Future will also support research and innovation ecosystems,by providing assistance to various public and p
141、rivate stakeholders in navigating such ecosystems,and by better understanding IP trends,issues and benefits,especially through education on the benefits of applying for and using IP,and supporting the negotiation and implementation of trade agreements.The IPO of the Future will be entrusted to ident
142、ify clear ownership of IPRs,to ensure the transparency and trustworthiness of the IP marketplace,and to help with IP valuation and transactions.The IPO of the Future will seek to support the commercialization of IPRs and the deployment of IPR trading platforms.It will also support IP valuation,espec
143、ially if there is gap in the market not filled by the private sector,including by raising awareness of the importance of IP valuation or of available valuation resources.The IPO of the Future will not get involved in actual enforcement of IPRs but will nevertheless take a supportive role in helping
144、partner agencies secure enforcement of IPRs,thereby increasing confidence in the IP system.This could be done by participating in an IP enforcement coordination center,acting as an information hub,undertaking research,or raising awareness on IPR infringements and benefits and alternative dispute res
145、olution.The IPO of the Future will contribute to national IP systems,by developing IP policy and supporting the modernization of IP legislation and regulations and ensuring that other agencies procedures are informed by IPO expertise.The IPO of the Future will be an early adopter of new technologies
146、,enabling artificial intelligence,and using such technologies to gain efficiency in the delivery of IP services.The IPO of the Future will also be data driven and capable of leveraging the full value of data.It will adopt a data strategy and will develop in-house competency in terms of data manageme
147、nt as a strategic asset,data protection,data quality,and data access.IV.Case study:IPOs surviving and thriving through the COVID-19 CrisisThe analytical framework established for the IPO of the Future and the various responses of IPOs to the COVID-19 pandemic,in terms of both their core administrati
148、ve mandates and other additional mandates,provided more clarity about how the IPO of the Future must equip itself to withstand future crises,and its role and resilience in such crises.It also unveiled potential opportunities to evolve in the aftermath of the pandemic.It appears that during the pande
149、mic,many IPOs have remained focused on their fundamental mandate to provide IPRs and services.In some instances,non-essential activities,or those that are beyond the traditional roles of IPOs,were among the first activities curtailed to maintain mandated requirements.However,it is still too early to
150、 tell how successfully IPOs will be in weathering the storm and remaining financially viable in the coming years as operations either return to normal or pivot to whatever their new normal will be.Regarding opportunities to evolve and thrive through the disruption,some forward-thinking IPOs have bee
151、n able to step up to support innovators seeking to respond to COVID-19,inform government policies,experiment with technological solutions,leverage data and forecasting,and connect deeply with stakeholders to gather and share intelligence.Necessity has become a driver of innovation within IPOs.From t
152、he case study and the report,it appears that the IPO of the Future will need to be built for purpose(focusing on its core mandate);robust enough to withstand disruptions(based on sound stewardship);and sufficiently nimble,connected,and innovative so as to step up and serve rapidly evolving situation
153、s(both in its core and non-traditional roles).PART I EVOLUTION OF THE IP SYSTEM The World Has ChangedIn recent decades,intangible assetsIPincluding brands,data,technology,creative output,and innovation in all its forms have dramatically increased in importance.Globally,intangible assets now represen
154、t 85%of corporate value and surpasses US$50 trillion.1 The shift from tangible to intangible value,in which innovation plays a central role,from traditional industries to the knowledge-based economy along with the strengthening of global trade and markets,have had a direct impact on the evolution of
155、 the IP system and the role of IPOs.In recent years,for instance,multi-billion-dollar mergers have focused on intangibles like trademarks,copyrights,patents,and trade secrets.1.1 The Current IP SystemTraditionally,the IP system helped create certainty in the marketplace by enabling rights holders to
156、 confidently protect and commercialize their IP.IPOs,for their part,focused their role on examining applications,and registering and administering IP rights(IPRs).Applications for IPRs continue to increase and,in 2018,reached more than 3.3 million applications for patents,2.1 million for utility mod
157、els,14.3 million for trademarks,and 1.3 million for industrial designs,outpacing global economic growth.IPRs are growing both in volume and in complexity,mainly due to the changing nature of the innovation to which they are linked.Innovation has become more global,interconnected,and interdisciplinar
158、y due to the broad use of technologies across multiple sectors.The IP system must adapt not only to the changing nature of innovation but also to the deeper interconnections involved in human creativity,our societies,new ways in which people conduct business and their lives,and the correlated needs
159、of IP stakeholders.This interconnection confirms the importance of IP in our modern digital economy,and underscores the need to include IP considerations in public,industrial,and economic policies.A successful adaptation of the IP system demands agility,efficiency,effectiveness,diversification,and i
160、nclusiveness.It relies on the integration of new tools,and changing practices and procedures,including adapting existing IP rights,or creating new ones.The IP system has managed to effectively deal with the challenges new technologies have brought about.For example,trade secrets can now be protected
161、 using blockchain technology and new IPRs have been created to better capture emerging technologies,such as nontraditional marks.The world has increasingly become technologically dependent.Disruptive technologies,such as artificial intelligence(AI)and blockchain,impact the IP systems relevance and e
162、ffectiveness.While the degree of impact is subject to debate,the fact that there is an impact is clear.IPOs themselves are also taking advantage of the benefits of these technologies to provide cutting-edge,personalized,and expeditious services to stakeholders,including enhanced searchability and re
163、gistrability of IPRs.For instance,AI is being assimilated into IPO workflow,resulting in reduced tension between timeliness and quality.Disruption of the IP system happens at several levels.It includes the increasing use of alternative means to resolve IPR disputes and the development of private reg
164、imes for both recordation and enforcement of IPRs.Until recently,these traditional IP functions were largely under the exclusive mandate of public authorities.The IPO of the Future must acknowledge that this may no longer be the reality.Disruption of the IP system also comes from a lack of understan
165、ding and insufficient communication about its benefits.Today,the IP system overall is robust,effective,and evolving.Nevertheless,it 1 Footnote:Asselin and Speer,2019 According to the S&P 500 stock market index,the value of intangible assets as a percentage of the total value of the 500 largest U.S.c
166、ompanies rose from 16%in 1976,to 91%in 2019.remains underused in some sectors or economies.Current and potential beneficiaries do not take full advantage of the rights,tools,and procedures provided domestically,regionally,and worldwide,to protect their intangible assets.Balancing international inter
167、ests.We are a witness to the challenges in both the international and national IP systems that are putting pressures,external and internal,for IP policy makers across the different levels of economy.For one,there are issues relating to realistic normative standards that derive from the developed wor
168、ld that pose special problems for the developing world.A dedicated chapter on intellectual property has increasingly become a crucial mainstay in many multilateral and bilateral trade agreements,some overriding the minimum standards or flexibilities provided in TRIPs.On the other hand,some governmen
169、ts seek to support domestic interests while ensuring that they do not run counter to the fundamental tenets of the IP system.Balancing these international interests is crucial in ensuring an effective IP system that crosses borders.Balancing domestic interests and understanding evolving public senti
170、ment.Intellectual property rights systems attempt to strike a balance between private and societal benefit.In fact,IP policy has been predicated upon enhancing private rights that in turn fuel innovative and creative endeavors,ultimately leading to immediate or follow-on societal benefit.In some ins
171、tances,however,private and public IP interests are diametrically opposed,resulting in heated policy debates.The debate is further complicated when considering trade-offs between present private consumption and future societal benefit;differences of interests across types of IP(e.g.,patents,trademark
172、s,industrial designs,copyrights,geographical indications,plant varietals,traditional knowledge,cultural expression,trade secrets);and how these dynamics play out differently across jurisdictions.Overall,the IP system functions well,supporting immeasurable technological advancement and creativity.How
173、ever,striking the right balance between competing interests is challenging and there will be instances of undue pressure for governments and misuse,underuse,or overuse of IP by IP owners.Certain instances,such as patent“trolling”or trademark“squatting”,have exacerbated the situation further and have
174、 generated anti-IP sentiment.In some quarters,this anti-IP sentiment may have been further stoked by a lack of understanding of the IP system by beneficiaries and the public at large;a focus on digital services and fast turnarounds which conflicts with the duration and complexity of IPR registration
175、;slow turnaround times and backlogs in some IPOs that bring uncertainty to the marketplace;commentators tendency to portray IPRs negatively or as benefiting only large scale businesses;and,advocacy from IP-skeptic commentators.Most importantly,the issue runs much deeper when trying to describe the n
176、et present value of IP and public value across different consumers.In the short-term,IP rights provide a monopoly that may result in higher prices or scarcity of supply for todays products.This is seen as negative.In the longer-term,however,since we cannot envision what the next new paradigm may be,
177、one that might greatly enhance our lives,there is an under-appreciation for the incentives that the IP system delivers.A way forward.The IPO of the Future must ensure to look for ways to strike a reasonable balance between and among its stakeholders and to continually monitor and understand the fact
178、ors driving unfavorable public sentiments.To address some of the many concerns,the IPO of the Future will be responsive to the public at large by ensuring that it grants timely and quality IPRs,and does not grant excessively narrow or overly-broad rights and does not deny or grant rights improvident
179、ly,or delay the grant of rights beyond the time period reasonably necessary for quality examination.IPOs commitment to pendency,as well as providing transparency,will provide market certainty and maintain the public interest.In instances where perceived sentiment is uneven,IPOs may bring balance to
180、the dialogue.In some instances,the IPO of the Future may need to take on a role to counterbalance points of view that may not fully contemplate the benefits of the IP system itself.IPOs can do this by describing the fundamental precepts of IP and by illustrating how most IP users are making a lastin
181、g and long-term contribution to society.In light of the above,it is imperative to assess the impact of IPRs on innovation,the economy,and society,and then put in place the necessary resources,tools,policies,and authorities to enable an effective IP system.1.2 IPOs TodayIf some have not done so yet,m
182、ost of Todays IPOs have transitioned from performing the basic examination and regulatory mandates to critical roles that impact on the economic development of the country.In the last twenty years,creativity and innovation have played a central role in economies,leading to a strong shift on the part
183、 of governments towards bringing IP to the forefront of policy and recognizing the need for an effective IP system.IPOs are an essential part of the system,dealing with traditional tasks inherent in their historic primary functions,such as IPR examinations and registrations.Most IPOs are still opera
184、ting in traditional ways,with traditional stakeholders,and are facing traditional problems,such as backlogs and a lack of resources to address mounting filings.Faced with increasing numbers of applications for trademarks,patents,and designs,and the increasing complexity of applications and new busin
185、ess models,the IPOs of the Future must optimize their services and create new tools to serve stakeholders needs.2 As an example,some IPOsparticularly those in developed countrieshave already started to rely on AI and other new technologies to perform search functions and for the processing of applic
186、ations.Due to the interplay between globalized markets,national jurisdictions,and local rules,IPOs are increasingly taking on additional tasks.However,with no common understanding about what additional roles IPOs should take on and at what priority;each IPO has decided independently what the nature,
187、implementation pace,and number of its new tasks will be.This has resulted in a significant diversity of roles among IPOs across the globe,whether at national,regional,or international levels.At a high level,IPO roles involve the following:(i)Innovation and Its PromotionInnovation is no longer exclus
188、ively driven by western economiesAsian and African countries have joined the fray.3 Moreover,globalization has led to a proliferation of cross-border and inter-company innovation.It is almost impossible for one country or one company to innovate individually;innovation is a global and interconnected
189、 process.Many IPOs have been required to absorb these innovation-related changes,and to increasingly support innovation at large for the benefit of economic development.This includes a policy focus on incentivizing expensive,failure-prone innovation that otherwise would be subject to under-investmen
190、t,while at the same time avoiding rewarding innovation that does not truly require exclusivity.Some IPOs have evolved from being exclusively technical in nature to also becoming stewards of innovation.Such IPOs play a role in promoting IP as a medium of exchange in a knowledge economy and providing
191、education on the effective use of IP.2 Note:Most of the increase in IP applications can be attributed to large IPOs.3“Global Innovation Index 2020:https:/www.wipo.int/edocs/pubdocs/en/wipo_pub_gii_2020.pdf and key findings:https:/www.wipo.int/edocs/pubdocs/en/wipo_pub_gii_2020_keyfindings.pdf(ii)Sup
192、port the Development of Broader Public PoliciesTodays IPOs provide expert support to their governments in developing and implementing IP policies,thanks to the legal and practical expertise IPOs have acquired when dealing with IPRs and IP stakeholders.Todays IPOs also engage on the more public aspec
193、ts of IP,such as the diffusion of knowledge,the transfer of technology,and the increasingly important role of data.Some IPOs have knowledge transfer divisions and public policy departments dedicated exclusively to that purpose.This added focus enables IPOs to educate stakeholders and build awareness
194、 and engagement among stakeholders.Some IPOs are also now involved in industrial and economic policies.They produce analysis,studies,and reports regarding the relationship of IP to economic growth and the impact of IP on the economy,industry,trade,competitiveness,public health,and jobs.(iii)Awarenes
195、s and EducationIncreasingly,IPOs have rolled out IP awareness and education programs targeting various audiences,including businesses and innovators,which allow IPOs to contribute to greater IP literacy in their regions.The goals of such awareness programs vary depending on the targeted audience.For
196、 instance,programs to educate businesses focus on the added value of registering and enforcing IPRs,such as the benefits related to increased competitiveness and faster business development.Most campaigns targeting the public at large focus on the necessity of protecting the innovation cycle and inv
197、estment via temporary monopolies,the positive impact of IPRs on the economy,growth,and jobs,as well as the dangers of counterfeiting and piracy.(iv)IP Marketplace Some IPOs are working to develop a more comprehensive understanding of the whole IP marketplace and factors that affect the national and
198、international IP system,including understanding IP use after grant and how IP is valued and licensed.While IPOs do not directly have a role in deciding the value of IP or in licensing it,an improved understanding of how stakeholders discern IP valuation and make licensing decisions helps IPOs positi
199、on themselves to make better decisions in administrative oppositions and cancellations and to better support stakeholders overall.This understanding can also lead to the development of unique programs that benefit stakeholders.For example,Australias Source IP,Singapores IP Intermediary,the United St
200、ates STEPP,Canadas Explore IP,Philippines IP Depot,Chiles INAPI Conecta,4 and WIPO GREEN all stem from such an understanding and aim to provide stakeholders with helpful information about IPRs and to otherwise facilitate innovation and commercialization.(V)Further Collaboration with Other IPOsThe la
201、st several decades development of the IP system shows the large degree of integration and harmonization that has unfolded across the global IP regime over time.This has created efficiencies for applicants and IPOs.Although IPOs are familiar with administering IPRs individually,many now collaborate w
202、ith each other.Information technology,as well as examination,has become the subject of work sharing among IPOs.For instance,the Patent Prosecution Highway(PPH)exemplifies such global collaboration in that it allows patent applications that have been determined as protectable in one PPH jurisdiction
203、to have an accelerated examination in other PPH jurisdictions.And the TM5 ID List is another result of global collaboration.The ID List is designed to enable trademark holders to obtain trademark protection in multiple jurisdictions and has received significant engagement from developing countries.4
204、 https:/www.inapiconecta.cl/(VI)Enforcement SupportSome IPOs provide support for IPR enforcement,for example,through an administrative role in enforcement policy and legislation or a central coordinating role between enforcement authorities and private stakeholders.Other IPOs participate in enforcem
205、ent by taking on an education role,using awareness campaigns to inform stakeholders about the negative impact of IPR infringement,and training enforcement authorities such as customs officers,police officers,and judges.Likewise,some IPOs offer alternative dispute resolution(ADR)services to expedite
206、the resolution of issues or conflicts.PART II FUTURE CHALLENGES AND OPPORTUNITIESThe World Will Continue to Change Dramatically The pace of global,technological,economic,and societal change is accelerating and evolving in sometimes unforeseen ways.These changes will test the strength of the IP syste
207、m,the value of IPRs,and the confidence in IPOs.Because new business models and technologies are advancing faster than the pace of legislative change,they raise new challenges for IP legislation,office practices,and policy environments.This section explores ongoing and future challenges and opportuni
208、ties,as well as game changers,for IPOs of the future.2.1 The Game Changers to Consider for an Effective IPO of the Future (i)The Fourth Industrial RevolutionThe fourth industrial revolution is disrupting industries worldwide.It is rapidly transforming how businesses operate using transformative tech
209、nologies to connect the physical world with the digital world.Gartners(an American research,advisory and information technology firm)2020 hype cycle5 highlights the emerging technologies with significant impact on society and business over the next five to ten years.The 2020 hype cycle indicates tha
210、t this years emerging technologies fell into five unique trends:(i)composite architectures;(ii)algorithmic trust;(iii)beyond silicon;(iv)formative artificial intelligence(AI);and(v)digital me.In both the 2019 and 2020 hype cycles,there are elements of human considerations;many emerging technologies
211、encompass human considerations.For example,the current workforce and IPO user base is predominantly Generation X and Generation Y(or so-called Millennials).However,we are rapidly moving towards a global workforce and consumer base largely populated by the Generation Z cohort(defined as those born fr
212、om the mid-1990s to the early 2000s).Generation Z will become the largest group of consumers worldwide in the not-too-distant future.This creates a user and consumer market that is digitally native.The Generation Z workforce is considered to be highly educated,analytical,challengers of the norm,digi
213、tally enabled and ethically motivated.Further,individuals in this generation have more respect for others creations and are more likely to avoid pirated content than previous generations were.6 They are more likely to look for open source solutions.These characteristics and behaviors influence and d
214、rive the way in which much of the emerging technologies will be delivered and consumed.Keeping up with new consumers behaviors will drive IPR owners decisions,and the IPO of the Future needs to be ready.5 Panetta,Kasey.“5 Trends Drive the Gartner Hype Cycle for Emerging Technologies,2020.”Smarter Wi
215、th Gartner,18 August 2020,https:/ Wodecki,Ben.“EUIPO Report Reveals Half of Gen Z Avoid Pirate Content.”Intellectual Property Magazine,1 Nov.2019, also Jakarta Post.“No More Fakes,Say Indonesian Gen Z Consumers.”The Jakarta Post,and the International Trademark Associations Gen Z Insights:Brands and
216、Counterfeit Products Study published May 2019.2019 INTA.All rights reserved.17 June 2019, is interesting to note that many IPOs are challenged by legislation that pre-dates the Internet.Evolving into a modern working world will take more than technological change;it also implies the need to consider
217、 the policy and legal implications of the fourth industrial revolution to meet future generational expectations.The IP ecosystem is not immune to the disruption of emerging technologies;it provides an opportunity to redefine how IPOs deliver their services.As the volume of information and data incre
218、ases in the IPR landscape,IPOs have to consider not only how to evolve and leverage technological capability to meet the exponential growth,but to keep pace with their countrys capacity to issue policies to provide protection for such technological development.Disruptive technologies,such as artific
219、ial intelligence(AI),often operate in areas where the regulatory environment is uncertain,and current IPO structures may not readily facilitate their deployment.Moreover,technologies are becoming increasingly interdisciplinary in nature and do not readily fit into the present IPO classification sche
220、mes.In fact,one indication of a truly disruptive technology is one that challenges and works outside or between IPO classification structures.Emerging technologies also have the potential to create efficiencies for both IPOs and stakeholders of IPO systems.For instance,there are opportunities for ea
221、sier filing of applications as more sophisticated digital capability enables accessibility through personal devices.Enhanced use of technology creates opportunities to connect global IPOs through collaborative platforms.Searching,granting,and managing IPRs using AI has the potential to create consis
222、tency and higher quality outcomes.The list of opportunities is endless;however,the slower policy and legislative environments create challenges to progress.Policy and legislation must keep pace in this fast-changing environment for society to truly reap the benefits of the technological advancements
223、.As machines become more sophisticated and move to more predictive analysis,they will be able to implement simple decision points previously made by humans.This will be a game changer for IPOs and rights owners in the future,for the reasons discussed below.The World Intellectual Property Organizatio
224、n(“WIPO”)has a list of AI initiatives7 supported by its member states that demonstrates that IP offices are pursuing AI strategies to advance their processing and data mining capabilities.According to that list,primary uses of AI by IPOs include assisting in translations,stakeholder trademark databa
225、se searches,patentability examination searches and automatic patent classification.As these new technologies mature,we may expect to see a shift in the practices of the IPO of the Future.Blockchain technology is another area with potential challenges and opportunities.In addition to being a crypto c
226、urrency platform,it has been deployed in some countries to ensure the integrity of government records,including applications to capture voter information;collect personal and corporate taxes;identify recipients of healthcare,financial support,and other public services;issue passports and visas;maint
227、ain a registry of stock issuances and transfers;register land titles and record property transactions;store marriage,birth,and death certificates;or verify and transfer digital assets between government agencies including federal funds,licenses,and personnel data.Distributed ledgers may also provide
228、 avenues to engage and support IPR ownership.To date,blockchain has only been used for copyright and small trademark pilots to track ownership to an authenticated register.Expanding on these current uses,IPOs could create a viable case for using blockchain to manage IP ownership,assignments,renewals
229、,and tracking,with the potential to increase transparency in relation to ownership and transfers of IPRs particularly in the trademark and design environments,and even for trade secrets.Recently,WIPO has extolled some of the benefits of blockchain for IP law and practice,8 including registration of
230、IPRs,evidence of creatorship,priority certifications,digital rights management,and enforcement of IPRs.7“Artificial Intelligence and Intellectual Property.”Artificial Intelligence and IP,www.wipo.int/about-ip/en/artificial_intelligence/.8 Clark,Brigit.“Blockchain and IP Law:A Match Made in Crypto He
231、aven?”WIPO,Baker McKenzie,Feb.2018,www.wipo.int/wipo_magazine/en/2018/01/article_0005.html.There are also opportunities for large corporations that typically rely on annuity firms to replace these firms with blockchain to manage their IP portfolios across various jurisdictions(for recordal of IP own
232、ership assignments and/or maintenance described in the above paragraph).Also,users of the IP system stand to benefit from increased competition and improved accuracy of assignment information,as enabled by the capabilities of blockchain.Alternative applications of blockchain could also arise in the
233、realm of enforcement,in checking the legitimacy of digital content copies and physical products moving through channels of commerce.The IPO of the Future must be cognizant of the impacts of blockchain as there is already a clear trend emerging for innovators to use private blockchain as a means of c
234、ryptographically securing the information relating to their invention rather than protecting the IP by way of patents,choosing thereby to create trade secrets over more traditional formal modes of IP protection.(See section 3.2,below,for further discussion of this topic.)Case Study:Blockchain and Sm
235、art IPRs9 Some IPOs are already investing in the development of“smart IPRs.”A smart IPR is a digital representation of intellectual property that can be used online to help prevent misuse and malicious behavior such as passing off and counterfeiting.Smart IPRs create a connection between IPR holders
236、 using an official IPOs rights register and digital or online services or products that use the rights.Smart IPRs can create a thread of information referring to owners IP,including where it has been used digitally,validating who the official owner is,and providing bibliographic data.So far,some sta
237、keholder feedback from pilot programs that have rolled out smart IPRs highlight the need for IPR holders to prove their authority as the true owner of an IPR in a way that is interoperable in a continually evolving ecosystem.Other opportunities to use blockchain that are currently being explored,inc
238、lude creating a“smart”system for trademarks using blockchain immutable recording and cryptography to prove the link between an IPR and a product via an identifier,i.e.,a barcode,a global ID,or a digital address(domain).This can then be integrated into a product via an IOT device or used in a digital
239、 space via a trust badge embedded into a domain and then verified by the API bridge connecting to the smart trademark.The use of blockchain allows the creation of an undisputed audit trail that will enable stakeholders,including consumers to view the historical state of each smart trademark and its
240、network.(ii)Globalization and Demand for IPRsThe United Nations Educational,Scientific and Cultural Organization(UNESCO)provides several definitions of globalization including that“it refers to all those processes by which the peoples of the world are incorporated into a single world society,global
241、society.”10 A challenge for IPOs is to understand and anticipate the needs of the global society.While globalization is not a new phenomenon,it has been accelerated by digital technologies and the Internet,which has dramatically expanded the scope of the traditional marketplace.As businesses increas
242、ingly look to file for IP protection outside of their home countries and in multiple offices,IPOs are considering more international engagement to better harmonize IP systems and provide a predictable and level global playing field.Digital technologies and the Internet have enabled businesses and co
243、nsumers to access new markets.While there is an increase in globalization,this is sometimes countered by an increased desire for national protection and a domestic focus.The IPO of the Future will need to understand and support the balance between being globally engaged and providing quality local s
244、upport.(iii)Harmonization and Domestic SupportGlobalization is ushering in a truly digital economy fueling harmonization efforts.The territorial nature of IP may present challenges to traders who operate in a global marketplace.Stakeholders of an international IP system will benefit from clear and c
245、onsistent office practices and regulations to build their understanding and confidence in the international IP system.Additionally,national IPOs need to complement a stronger level of IP protection certainty with timely,high-quality,and affordable results.If obtaining and enforcing an IPR overseas i
246、s too confusing,expensive,uncertain,or slow,then stakeholders may resort to forum shopping or private rights systems,or they may opt to forgo registration altogether and take their chances in the market.9 https:/www.csiro.au/showcase/ai10 Martin Albrow and Elizabeth King,Globalisation,Knowledge and
247、Society:Readings from International Sociology,SAGE Publications,UK(1990),p 9.Over the last century,formal and informal,multilateral and bilateral discussions between IPOs have been efficient tools to negotiate new rules for the mutual benefit of offices and ultimately their stakeholders.One example
248、is the World Trade Organizations Agreement on Trade-Related Aspects of IP Rights(“TRIPS”),resulting from cooperation anchored by the World Intellectual Property Organization(“WIPO”).Subsequently TRIPS itself has led to multiple committees and harmonized IP treaties.These efforts have led to technica
249、l and technological(procedural)harmonization of the IPOs,which changes how IPOs operate and illustrates the importance of seeking further harmonization.Notably,substantive law and thereby substantive harmonization is not within the purview of IPOs in all jurisdictions,which provides unique challenge
250、s for those operating within them.Even when harmonization is handled within the IPOs,it is difficult to achieve,for example,where policy and legislation differ from jurisdiction to jurisdiction and thereby creates jurisdictional conflict(such as on geographical indications)and there is no sign that
251、it will become any less difficult in the next 1020 years.Countries are also joining international IP treaties to facilitate international competitiveness and trade by harmonizing domestic IP administrative procedures and formalities with international norms.This ensures that businesses operating in
252、multiple jurisdictions have greater certainty and predictability with the IP system.For instance,for 50 years,the Patent Cooperation Treaty(PCT)has steadily grown and is now WIPOs largest international IP filing system11 and a preferred filing route for applicants seeking patent protection in foreig
253、n jurisdictions.However,there is a concurrent trend whereby countries become more inwardly focused,taking actions to protect jobs and their sovereign rights,which involves the slowing of the creation and/or development of regional and multilateral treaties.We have observed an increasing trend for pr
254、otracted negotiations in bilateral/multilateral agreements with strong IP or TRIPS plus provisions as parties seek to protect their own offensive/defensive interests.Bilateral agreements are becoming more prevalent.While bilateral agreements can move harmonization forward via the standardization of
255、certain IP requirements,they also pose a potential risk against greater harmonization in the future through specific requirements being carved out between two or more countries.The large number of bilateral agreements on IP has brought with it another level of complexity,with varying requirements an
256、d standards that can be difficult to manage,or that are possibly even conflicting.It is important that any bilateral agreement include a strong IP chapter.For any bilateral agreement that includes an IP chapter,IPOs need to be able to actively participate in the treaty negotiations and provide suppo
257、rt with input based on their knowledge and experience.As technologies,business models,and stakeholders become more complex,there is a push for IPOs around the world to continue their efforts against work duplication through the specialization of service functions by,for example,cooperating with othe
258、r IPOs to develop a technical global IP infrastructure that can be used to share work,data,and knowledge and can help to build more respect for IP globally.In addition to technological solutions,many countries participate in the Patent Prosecution Highway,a mutual recognition program that reduces th
259、e duplication of work on patent applications filed in multiple jurisdictions.To assist with global developments and fluctuating demands,the IPO of the Future must become more open and collaborative with other IPOs and relevant organizations.For example,IPOs benefit from sharing data to use current t
260、rends to help predict future demands.Additionally,IPOs can use new data technologies to support real time global cooperation through online platforms.This can allow for best-practice exchanges and even informal discussions on pressing issues,potentially smoothing the way for multilateral harmonizati
261、on that can benefit stakeholders in both developing11 WIPO IP Facts and Figures 2019,https:/www.wipo.int/edocs/pubdocs/en/wipo_pub_943_2019.pdf.and developed countries.Many IPOs have already started down a path of transformation and are working independently on their solutions,leading to technology
262、and practice inconsistencies between offices.From a user perspective,it is inefficient to use multiple systems and procedures to reach a single global marketplace in the future.Through cooperative efforts,IPOs should better understand the systems of other countries,while also ensuring that harmoniza
263、tion efforts continue to be in the best interest of their stakeholders.The territorial nature of IP means that the needs of IP-system stakeholders must be considered in relation to the relevant territory as well as in relation to the global society.Ideally,greater collaboration between IPOs will pro
264、vide a better understanding of each others domestic considerations resulting in an open exchange of areas of convergence and divergence.(iv)Quality,Timeliness,and FeesIncreased harmonization creates a more level playing field,while rapidly evolving innovations and technologies create additional comp
265、lexity in the marketplace,IPOs need to meet more granular IP needs.IPOs need to be aware that IPRs may continue to be in high demand for certain innovations and brands,but others,especially fast-paced digital businesses,may find formal IPRs less suitable.These other businesses may find the cost of s
266、ecuring and enforcing IPRs in multiple jurisdictions inconvenient and may risk doing business without adequate IP protection.Access to affordable rights is particularly critical for SMEs seeking protection in multiple jurisdictions.However,while IPOs may ensure that fees are reasonable,this does not
267、 necessarily mean that legal professionals will follow suit.Low fees need to be coupled with stakeholder-friendly IP registration systems so that applicants can self-file,self-maintain,and/or have a strong understanding of the professional services they require to keep costs low.The IPO of the Futur
268、e must increasingly focus on the quality and value-add of their services,such as automation technologies,to meet users specific expectations.Ensuring IPRs are high quality,meaning that they provide the owner with freedom to operate in the relevant jurisdictions and are backed by strong legislation t
269、o provide the owner with options to maintain their rights,is important for all owners,but especially for IPR applicants seeking to do business in a foreign market.For example,businesses using the Madrid System to protect their trademarks internationally are vulnerable to their domestic trademarks re
270、gistration.As an international registration is often dependent on a domestic registration,if the original,domestic trademark is no longer registered,then the international portfolio of trademarks based on the domestic trademark may cease to be protected,even where there is no relevant problem in the
271、 other jurisdictions where protection was obtained.(v)Surging Volumes,Subsidies,and Distortion of Global ApplicationsDemand for IPRs is unpredictable but has been on a steady upward growth trend until the recent COVID-19 pandemic.The growing wealthy and brand-aware middle-class are partly the reason
272、 for the increasing demand.12 Increasing awareness of micro,small,and medium enterprises(MSMEs/SMEs)of IPR value may also contribute to such increasing demand.It is not clear whether the surging volume of demand will be sustained considering the current global economic uncertainty,but IPOs need to c
273、onsider how they can anticipate and accommodate fluctuating demand.There are IPOs that are fiscally autonomous from government funding and support,and practically dependent on revenues from their stakeholders.The viability of such IPOs may be at risk as they are vulnerable to uncertainties and exter
274、nal forces that are beyond their control.Thus,business disruptions brought about by national crises such as natural catastrophes,pandemics,and wars,to name a few,are serious threats to such IPOs survival.12 IP Australia and the Future of Intellectual Property,Australian Government,https:/www.ipaustr
275、alia.gov.au/sites/default/files/ip_australia_and_the_future_of_intellectual_property.pdf?acsf_files_redirect,Winning the$3 Trillion Decathlon;Going for Gold in Emerging Markets,McKinsey&Company,https:/ rate%20finance/our%20insights/winning%20the%2030%20trillion%20decathlon%20going%20for%20gold%20in%
276、20emerging%20markets/emc_decathlon.ashxSome governments subsidize applications for IPRs.The policy rationale may be to encourage investors to familiarize themselves with the IP system or to help with funding and free up funds for further research and development.While the rationale may be sensible,s
277、ome applicants have taken advantage of the policy and have flooded IPO registers with abnormal and poor-quality IP applications and registrations.This may have resulted in a distortion of the volume or quality of IPR applications globally.IPOs rely on past data to help inform future trends and their
278、 ability to accommodate future applications.Where this information is based on exploitative use of national policy,then the data may be flawed.IPOs need to be vigilant regarding surging volumes and take measures to maintain the integrity of their registers.They will also need to keep informed of IP
279、policy shifts in other countries so they can forecast how these policies may affect their domestic application numbers.(vi)Transparency and Bad Faith FilingsTransparency in IP policy and the provision of IPRs will be mandatory if the IPO of the Future is to raise confidence in the IP system.This is
280、particularly important since the overall value for the society of granting monopolies,commercial incentives,and competitive advantages through IPRs to their owners is increasingly being scrutinized.There is also a need to ensure access to certain creative outputs so as to encourage further creative
281、outputs.IPOs will thus benefit from rigorous evidence-based IP policy decisions to strike a balance between private incentives and public interest,and stakeholder-friendly technology allowing applicants to search registers,file applications,and maintain their rights.All this transparency,however,com
282、es with risk.While bona fide applicants and IPR owners can access IP registers for legitimate purposes,bad-faith filers also have access to the same information.This risk is concentrated in first-to-file jurisdictions.For example,a bad-faith filer becomes aware of a profitable brand in country A.The
283、 bad-faith filer can access global IPR registers to determine whether trademarks have been filed in countries B and C.If not,the bad-faith filer can then file an application with the intention to sell the trademark back to the brand owner or to trade off the brand owners reputation.In a first-to-fil
284、e system,it may be very difficult for the brand owner to seek a legal remedy against a bad-faith filer who filed first.One potential option is to consider regional offices that cover a larger region,for example,the ASEAN region or South America.This could build on the experiences and successes of th
285、e EPO,EUIPO,and ARIPO.This would allow applicants to file for IPRs in one of these regions and obtain rights in multiple jurisdictions within the region.This would help applicants to secure simultaneous rights helping to deter bad-faith filings within the region.This type of approach would also assi
286、st in harmonization efforts as offices within a determined region would need to pursue harmonious measures and develop a regional policy.However,local political environments may be an obstacle to a regional approach.Where regional offices,such as those found in the EU and African region,are not imme
287、diately feasible elsewhere in view of political,legal,and/or logistical factors,these regions may wish to seriously consider at the very least,an option for a regional filing system that is more cost efficient to their stakeholders than what is available.The balance between stakeholder-friendly and
288、transparent systems is essential for stakeholders,but this will need to be supported by legislation to protect them from bad-faith filings.For example,regarding trademarks,some countries have employed a requirement for an intent-to-use within a certain period.This may be through a declaration in a t
289、rademark application or a subsequent document or strengthened grounds for rejection or opposition.Providing certainty for stakeholders is critical,however the IPO of the Future needs to understand that certainty will require a multi-layered approach.(vii)The Rise of Private Rights Systems and Inform
290、al IP ProtectionWith the rise of online shopping,there is skepticism from some brand owners about the benefit of holding legitimate IPRs such as designs and trademarks:third party selling platforms are becoming more prevalent and are difficult to monitor from an enforcement perspective.Copycats and
291、counterfeits are hard to spot in an overcrowded and fast paced market,causing major frustration to legitimate IPR owners.Moreover,the advent of online retailers has enabled both legitimate IPR holders and potential infringers to have ready access to a large user base.Some large online retailers have
292、 established their own IP policies and procedures to help IPR holders enforce their rights online.Currently,these policies are based on IPRs granted by IPOs.For example,some platforms proactively screen for potentially IP-infringing listings(using new technologies,including image recognition and sem
293、antic recognition algorithms,and product knowledge databases),and respond to requests from IPR holders to remove potential infringing listings,effectively creating a private system for policing IP infringement.Similarly,Amazon polices IPR infringement using platforms such as Brand Registry,which use
294、s text and image-based search capabilities and automated protections that use machine learning to predict and prevent infringements.To be eligible for Brand Registry,brand owners must have a registered trademarkmore than 350,000 brands are registered worldwide in Brand Registry.13 Amazon has also cr
295、eated a private IPR enforcement system through its pilot,the Utility Patent Neutral Evaluation.This program allows patentees(of US utility patents)to obtain an evaluation of their patent infringement claims against products offered by third party sellers on .This is effectively a streamlined arbitra
296、tion mechanism for deciding on patent infringement complaints where a third party evaluator(whose fee of US$4,000 is borne by the losing party)is charged with making a yes or no decision about whether the patent covers the relevant product listing.A positive answer leads to the removal of the listin
297、g from Amazon.14Other online retailers have created private IPR registration systems.Alibaba,for instance,established in 2018 Alibaba Original Design Protection(based on a five-pronged approach of electronic evidence deposit,product debut,original-design filing,complaint handling,and IP commercializ
298、ation)and aims to protect products embodying original designs first launched on Alibabas platforms.15 Collectively,companies like those described above have created a private IP system in which private IPRs are issued and enforced,providing an effective de facto privatization of the legal framework
299、surrounding IPR enforcement,an attractive alternative to SMEs that may find the cost of infringement actions through the“public”legal system to be a deterrent.These types of systems stand to become even more prevalent because private IPR regimes challenge the speed and effectiveness of IPOs,which ma
300、y not be able to move as fast as entities in the private sector.Further,to some,private IPRs may appear more attractive since,in the case of global internet retailers in particular,users can register a product or product name once with the hope that product will be protected worldwide.Therefore,in t
301、he future,private IPRs granted by companies may supplant the role of IPRs granted by IPOs.Alongside this,there is increasing interest in and uptake of unregistered methods of IP protection.For example,a 2015 survey of UK business owners found that 65 percent of respondents considered confidentiality
302、 agreements important to protecting their IP;this was the most popular method of protection.16 The use and importance of informal IP protection methods have also increased,as evidenced by an increase in trade secret litigation in the US,together with recent reform of trade secrets legislation in the
303、 EU and the US.Taken together,these are indicatives of a climate where the value of official/registered IPRs is under scrutiny from innovators and businesses.13 Amazon Brand Registry,Eligibility requirements,https:/ Brand Registry,Progress report,https:/.au/progressreport.14 Gaston Kroub,American Ba
304、r Association,Amazon in the Age of Arbitration,https:/www.americanbar.org/groups/intellectual_property_law/publications/land slide/2019-20/september-october/arbitration-the-age-amazon/.15 WIPO,Advisory Committee on Enforcement,The role of intermediaries in IP enforcement,https:/www.wipo.int/edocs/md
305、ocs/enforcement/en/wipo_ace_14/wipo_ ace_14_11_rev.pdf.16 IPO,Intellectual Property Awareness Survey,2015 In a fast-paced business world and in the face of fierce competition where some IPRs have short-term value in the face of fierce competition,it is understandable that some brand owners will walk
306、 away from traditional methods of IP protection.Private companies are already starting to fill a gap in the marketplace through their own IP policies and enforcement strategies.(viii)Digital Inventions and Innovation The advent of AI has given rise to a debate about the degree to which the use of AI
307、 technologies will affect the granting of IPRs and the IP system more generally.There are many challenges associated with AI inventions in the future patent environment.As AI-based inventions continue to advance,new challenges rise in the IP system relating to the human contributions affecting both
308、inventorship and ownership,and patentability.A fundamental concept of the IP system is to grant IPRs to protect concretion of ideas.This poses many questions relating to whether the current IP framework should be amended to incorporate these AI-based thinking machines and their inventions to be elig
309、ible for IPRs.Indeed,at the rate AI is evolving it may get to a point where it is able to think and to invent.In January 2019,WIPO published an AI-themed edition of its Technology Trends report,which found that 50 percent of all AI patents globally have been published in the last five years.Patent a
310、ctivity in this field grew by 650 percent between 2011 and 2017.Moreover,the growth rates observed in the identified AI-related patent data are higher than the average annual growth rate for patents across all areas of technology,which was 10 percent between 2013 and 2016.With the reality that AIs w
311、ill be generating new inventions or new invention leads,the applicability of the traditional patent law requirements and their underlying policies are being challenged,especially with regard to such key considerations as inventorship(can an AI be considered an inventor?),ownership(can ownership be a
312、ttributed to an AI;if not,then who is the ownerthe software developers,the data scientists who provide data to the AI algorithm,hardware developers or another party altogether?),who(or what?)constitutes a person skilled in the art,as well as issues relating to novelty,inventive step/obviousness,stat
313、e of the art,and disclosure,to name a few.It is worth noting that the decision in Thaler v.Comptroller General of Patent TM and ID of UK(2020)17,and Thaler v.Commissioner of USPTO18 have resolved to decide against granting inventorship rights to a creativity machine(AI).Neither will the owner of the
314、 machine be entitled to any right because he/she did not invent,nor can he/she own by assignment because a machine cannot assign anything.In the 90s,the Internet prompted many cultural and business changes that influenced the copyright system.Now,WIPO members and observers are studying the potential
315、 impact of AI on the IP system including patents and other IP rights.The digital economy continues to grow in importance.Digital inventions have value both in themselves and in facilitating other economic activity.Consequently,it is important that the rules for patentability are consistent,well unde
316、rstood and harmonized across jurisdictions.While the degree to which the use of AI technologies will affect established IPRs such as patents,trademarks,and copyrights is uncertain,it is critical to ensure that the IP system and the IPO of the Future is well-equipped to support the emergence of trans
317、formative technologies.Long established principles of IP laws,such as those defining thresholds of originality and disclosure requirements,may provide built-in means for the IP framework to adapt to new realities,as they have done with other disruptive technologies in the past.Indeed,AI has permeate
318、d the entire world of IP.This includes trademarks and designs with instances such as analyzing novelty,enabling assessments of level of distinctiveness,and enabling trademark comparisons to consider potential conflicts.For instance,WIPO has developed a tool that uses AI to 17 Thaler v The Comptrolle
319、r-General of Patents,Designs and Trade Marks 2020 EWHC 2412(Pat).18 The UKIPO,USPTO and EPO rejected patent applications that designated an artificial intelligence named DABUS as the inventor.USPTO rejected application No.16/524,350 on the basis that each inventor must have a name and be an individu
320、al.So did the European Patent Office since“the inventor designated in the application has to be a human being,not a machine”.search through trademark images,enabling results regarding comparisons and whether a proposed trademark is generic to be generated within seconds.In addition,AI is being used
321、to examine audio and visual fingerprints to detect uploaded material that infringes on anothers copyright,significantly improving private copyright policing efforts.AI-based patent application drafting systems have also recently emerged,substituting the work of patent attorneys.These systems have ch
322、allenges to overcome before they can generate complete and accurate patent specifications,but their current capabilities and the rapid advancement of the technology indicates that this potential is not so far away.Millions of machine-generated patents could clog the system,impacting genuine innovati
323、ons as well as competitiveness.On one hand,companies can use computer-generated claims to saturate the technical space around their own patents to prevent competitors from obtaining improvement patents in the same area.On the other hand,companies can also saturate the technical space around their co
324、mpetitors patents to prevent the competitors from subsequently patenting improvements on the competitors own inventions.The challenges discussed above surrounding patenting digital inventions,including AI,may result in digital innovators looking for other ways to protect their ideas and obtaining so
325、me monopoly.How will this affect further innovation and the spread of knowledge to public?Is it time to start considering a different type of IPR with different tests for such inventions?Is it time to codify how AIs role is to be viewed in instances of infringement?(IX)The Importance of Data As data
326、 becomes more important for businesses and our ability to process and manage data grows,so does the demand on IPOs to provide accurate registries,clean data,and curated information.IPOs do,by the nature of their work,collect large amounts of data on applicants,registrations,oppositions,and their own
327、 administrative processes.In most countries,there is specific legislation that allows the IPO to publish this data,including personal information,to allow third parties to search registers and find other IP owners.As the number of IPRs and data grows,the IPO of the Future will need to accelerate its
328、 offering of data to third parties.It is not enough these days to maintain a simple register without a search tool,as the property register is simply too large for the stakeholders to navigate domestically,let alone across borders.Good data collection is important but sharing and making data availab
329、le has become more important as the trend to file applications in multiple jurisdictions continues.Once data is collected,it must be stored,made accessible,analyzed,and managed;however,for many offices this is an additional cost that is not core to the mission of making a national registry directly
330、searchable.Where possible,data should be available for machine-consumption,but this can be expensive to maintain.To accelerate good data collection,analysis and management,one option the IPO of the Future could consider is encouraging filings of applications in machine-readable formats,and thereby a
331、llowing AI tools to be applied directly.Global initiatives have resulted in databases that provide better access to data with functions that vary from collecting patent data to linking data into a centrally accessible platform.WIPO has also been working on common standards for IPOs to provide admini
332、strative data.A shared standard would reduce the cost of direct use,but often there are private companies that are active in this space,and there is a clear commercial value to some of these databases.There is an implicit need to have good documentation and quality statements for the data.The value
333、of intangible assets,including IP data,keeps increasing in many countries.Similarly,business investments over the last 20 years have moved away from tangible and towards intangible investments,including research and development(R&D),branding,design,software,and data.National statistical offices are globally working to incorporate parts of this in the national accounts.Some national accounts now in
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