Introduction
The purpose of this methodology is to assist intellectual property (IP) offices with the examination of their resources, processes, structures, and performance so as to identify improvements to strengthen their ability to meet the growing demands made upon them.
Most countries in the world are committed to providing a national IP system which protects and supports local business, promotes domestic innovation and cultural development, and encourages technology transfer and foreign investment. In order to achieve these goals, countries commonly develop IP strategies, implement appropriate IP legislation, and join various international IP treaties. A key institutional aspect of implementing an appropriate IP system is the creation and maintenance of efficient and effective administrative arrangements through the establishment of IP offices. This is especially important for the administration of the various IP rights which require registration arrangements, but it is also important for the development of IP policy, for improving public awareness and understanding of the role of IP protection in the country’s development, and for co-ordinating implementation when multiple agencies may have a part to play.
Increasingly, in recent decades and particularly in recent years, IP offices face many common challenges. Some of the main challenges are as follows:
- How to ensure delivery of timely, efficient and quality IP services?
- How to handle increasing workloads and growing backlogs of IP applications (particularly patents and trademarks)?
- How to facilitate global protection of IP?
- How to ensure IP laws meet national needs and keep abreast of international developments and standards?
- How to undertake the growing demands for them to provide educational, advisory and other services
- What information technology systems and tools to implement to optimize operations?
- How to obtain greater financial and administrative flexibilities?
The World Intellectual Property Organization (WIPO) supports the national IP offices of its Member States, especially developing and least developed countries, to establish and develop the necessary elements of a modern and functioning national IP system. This support includes technical assistance, expertise and advice in relation to the development of national IP strategies, national IP development plans, IP institutions, as well as building capacity and skills, among other things. Much of the focus of many of these WIPO programs is on the development of policy and legislation and on the implementation of protection for and effective use of particular IP rights. In addition, WIPO has developed and delivered support programs and resources to assist IP offices with appropriate and customized business solutions, including a variety of digital transformation and information technology (IT) systems, to manage rights registration and caseload processing, and has a number of other programs focussed on particular aspects of the responsibilities of IP offices such as developing and delivering public awareness programs.
It was only recently that a focus was placed on providing targeted assistance to improve the administration of IP offices from a more holistic point of view. WIPO’s assistance, which focusses on particular areas of IP rights administration (trademarks, patents, industrial designs, etc.) including IT systems and training to support rights processing, often leaves out the broader issues of IP office administration such as management structures, human resource management (other than training), financial management, and customer relations management. Yet it is clear that potential improvements in the administration of particular IP rights is often limited because of limitations in these broader management areas. Indeed, IP offices are the “backbone” of any national IP systems and any delays and bottlenecks, or other inefficiencies, in processing IP applications can adversely affect the commercial exploitation of those assets. The Project on Resource and Management Diagnostic of IP Offices (IPOD Project) was developed by the Division of Asia and the Pacific of WIPO (DAP) to provide technical assistance and advice, from an independent perspective, to any country which wants to look at its IP administration more holistically to identify key strategies and directions for achieving more effective and efficient IP administration.
The IPOD Project is designed to provide customized technical assistance to IP offices to diagnose, develop and improve IP organizational capabilities, culminating in a comprehensive confidential report. In essence, it aims to help IP offices in improving their efficiency and effectiveness in the delivery of IP services to user community. The report generally contains assessment and observations about the current state of IP office from resource and management points of view as well as specific set of recommendations and time-bound action plan for implementation of the same. It is intended to enable the management of IP office concerned to make informed decisions on how to further develop and/or strengthen the resource and management systems in pragmatic and optimal manner. The purpose of IPOD Project is to provide a clear “road map” that:
- identifies and defines appropriate and optimal legal, business and institutional frameworks, and business models;
- is based on detailed identification and analysis of needs and gaps (areas to be strengthened);
- is designed to fulfil the IP offices’ organizational mandate and set goals; and,
- deliver the required services not only in a timely manner but also with greater efficiency and improved effectiveness to user community.
Based on past experiences in extending technical assistance and advice to IP offices, the methodology used by WIPO to assist Member States to undertake such diagnostic activities and develop a comprehensive diagnostic report is set out in this publication.