Resourcing the IPOD Process
A fundamental success factor for undertaking an IPOD is the level of organizational commitment in the IP office to the process and the candid engagement with all parties involved to uncover the necessary data, information and perspectives on the various issues identified. Establishing top-level commitment to undertaking the process and maintaining that commitment through to the implementation of the recommendations is a critical success factor. Establishing trust in the thoroughness and confidentiality of the process is important to achieve these outcomes.
While the Methodology has been documented to provide IP office management with relevant resources and guidance about identifying improvements in the efficiency and effectiveness of operations in their areas of responsibility, the Methodology is nonetheless premised on the expectation that WIPO will be involved in the process and the view that using a dedicated team of experts to assist the IP office to use the Methodology and implement the improvements identified is highly desirable.
Aside from being able to access expertise which may not be readily available to steer a diagnostic process, another limitation for local management trying to use the Methodology without the assistance of an independent voice is that some areas for examination or improvement may not be examined with the rigour or objectivity necessary to achieve the desired outcomes. The challenge for all review processes is to be able to see what needs to be done independently of any commitment to the way it is currently done. While much should be able to be achieved by local management using (with assistance from suitable expertise sourced locally) the Methodology directly, more successful and holistic outcomes can usually be achieved if there is an independent viewpoint involved in identifying opportunities for change and improvement. In other words, there are real benefits to be had by having a “fresh pair of eyes” to provide independent advice on improving efficiency and effectiveness of IP office management and operations. (See Appendix 2(e): Model Draft Terms of Reference for Independent Consultant/Expert).
The Methodology also assumes that sufficient resources will be made available to undertake the process effectively. If WIPO and an independent expert are engaged in the process, timely provision of relevant and accurate data and information will be critical to ensure progress. This effort will need to be properly resourced. Ideally, a small team will need to be established to work with the independent expert to undertake the review and identify opportunities for improvement. The IPOD team should have the authority to access data and information, and to organize interviews with individuals and teams. Ideally, the team should include individuals chosen for their skills and the value the experience of being exposed to using the Methodology will have for the future of the organization.
The Methodology also assumes that the IP office will commit significant and sufficient resources to manage and implement the recommendations of the IPOD report.
In the case of small offices, it is particularly important to recognise from the outset the impact of limited availability of resources on what can realistically be achieved. Senior management has an important part to play in this assessment.
Because the circumstances of each country are different and therefore the resources and capabilities of each IP office are different, it is difficult in this Methodology to provide much guidance on the nature and quantity of resources that may need to be provided to achieve the best outcome for the office through using the Methodology. At a minimum, the IP office needs to be able to support logistically the work of an expert(s) provided by WIPO (arranging meetings within the IP office and with external stakeholders), as well as providing the timely provision of data as requested by the expert(s). Ideally, the IP office should have the capacity and capability of providing a small team to work with the independent expert(s) to both provide the necessary local expertise and knowledge to facilitate the diagnostic work and to be capable of acquiring and using the skills observed in carrying out such diagnostic work for the future benefit of the office.