2010-2012

Plan for Promotion of Industrial Property in Spain, 2010-2012

16th September, 2010

“IP is the backbone of America's economyIP is the backbone of America's economy. We must work aggressively and effectively with our trading partners to ensure that IP is protected

around the world"

Former US Commerce Secretary Carlos Gutierrez (2006) “With the aim of establishing Japan as a "nation founded on IPJapan as a "nation founded on IP," we

will realize a "zero waiting list" patent examination and tighten measures against counterfeit and pirated copies. As an innovative court

reform, we will create a high court devoted to intellectual property cases”

General Policy Speech by Prime Minister Junichiro Koizumi (2004)

IP IN THE WORLD ECONOMIC CONTEXT

"The world economy is undergoing profound changes and transition. The future and destiny of all countries are more closely interconnected than at any time in history. We should be more forward-looking and more broad-minded. To promote world harmony and To promote world harmony and prosperityprosperity, I propose that we make concerted efforts in the following areas:“

1. First, tackle climate change.

2. Oppose trade and investment protectionism.

3. Promote sustainable recovery of the world economy.

4.4. Protect IP rights (IPR). IPR protection is vital to driving Protect IP rights (IPR). IPR protection is vital to driving innovation and development. To safeguard IPR is to innovation and development. To safeguard IPR is to safeguard the source strength of innovationsafeguard the source strength of innovation.

Wen Jiabao, World Economic Forum Dalian 2009

Chinese Premier Wen Jiabao, DAVOS, 2009 Chinese Premier Wen Jiabao, DAVOS, 2009

IP IN THE WORLD ECONOMIC CONTEXT

• Five of the largest economies, accounting for 44.1% of worldwide GDP, hold 75% of worldwide patents (the Japanese "IP Nation", the United States, Korea, Germany and China). 15 percent of worldwide patents are from the EU (2008 data).• Spain ranks fifth in the EU as regards GDP (8.7%) and its contribution to European R&D+I (5.5%), but ranks 11th as regards European patent applications (2.03%)

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IP IN THE WORLD ECONOMIC CONTEXT

• Regarding trademarks, one fifth of worldwide trademarks belong to Japan and the United States, followed by France and Germany. Spain is in fifth place in Community Trademarks.

2,03%

6,66% 7,77%

13,88%

41%

5,50%7,84%

15,85%17,65%

27,41%

8,76%

12,57%14,52% 15,59%

19,92%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

España Italia Reino Unido

Francia Alemania

Patentes

I+D

PIB

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IP IN THE WORLD ECONOMIC CONTEXT

• There is an upward trend in generation of patents (+3.5% in 2008) and their internationalization (+3.5% as regards international PCT patents in 2008), although in the most recent year (2009) there was less growth or a decrease (-4.5% as regards PCT).The sectors with most growth in number of patent applications have been the information and communication technologies (ICTs), electronic devices and energy• The number of green patent applications of residents grew from 2000 to 2008 by +110%, much higher than overall patent applications in all technical fields (+20%) (estimated data).

0,0%

1,0%

2,0%

3,0%

4,0%

5,0%

6,0%

7,0%

8,0%

Computer tec7,0%

Telecom6,5%

Audio-visual 6,2% Electrical-energy

5,7%

Nano-technology5,2%

Digital com5,2%

Number of patent applications by field of technology between 2002 and 2008 (projections).

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IP trends

• POLITICAL: Growing demand for technology transfer (health and environment) that will require consensus ensuring access of the majority of the population to the new goods and technologies.• ORGANIZATIONAL: Greater pressure on the agencies responsible for managing IP Rights by reason of social and economic needs.• ECONOMIC: Growing influence of emerging economies: The total number of patents of the BRIC countries went from 6.7% in 2004 to 14% in 2008• FINANCIAL: IP facilitates access to financing, particularly risk capital and seed capital.• SOCIOLOGICAL: More open working environments, more knowledge-intensive.Greater pressure on industries such as the pharmaceutical industry by reason of aging population• ENVIRONMENTAL: Demand for new technologies to fight climate change.

THERE WILL BE GROWTH IN THE ECONOMIC AND STRATEGIC VALUE, AND THERE WILL BE GROWTH IN THE ECONOMIC AND STRATEGIC VALUE, AND THEREFORE IN THE PRESSURE ON IP RIGHTS BY REASON OF GLOBALIZATION THEREFORE IN THE PRESSURE ON IP RIGHTS BY REASON OF GLOBALIZATION

AND INCREASED COMPETITIONAND INCREASED COMPETITION

THE INCREASED EFFORTS IN INVESTMENT IN R&D+I IN SPAIN HAVE NOT BEEN REFLECTED TO THE SAME EXTENT BY A SIGNIFICANT INCREASE IN THE NUMBER OF PATENTS

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Analysis of IP in Spain

•The absence of large Spanish multinationals may mean that the business contribution to the R&D+i and patent figures is of less influence than in other countries • SMEs consider patents to be a complex matter, difficult to understand.•It is necessary to search patent information before making public or private investments in R&D

100

110

120

130

140

150

160

170

180

190

200

2004 2005 2006 2007 2008

Inversión en I+D y solicitudes de patentes

Gasto I+D total I+D Admón pública I+D enseñanza Superior I+D empresarial Patentes

THE OECD RANKS SPAIN AS THE SIXTH LARGEST WORLDWIDE GENERATOR OF RENEWABLE ENERGY PATENTS AND THE EU AS THE LEADING WORLDWIDE REGION AS REGARDS GREEN PATENTS (OECD, 2009 REPORT).

THE MOST IMPORTANT "GREEN PATENTS" IN SPAIN (2007 AND 2008 DATA): SOLAR ENERGY (MORE THAN 50% OF ALL GREEN PATENTS AND MODELS) WIND ENERGY (21%).

ONLY A FEW NUMBER OF COMPANIES ARE CARRYING OUT ACTIVE POLICIES TO PROTECT THEIR INNOVATIONS IN THIS SECTOR.

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GREEN PATENTS IN SPAIN

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a) TO MAKE A BREAKTROUGH TO INCORPORATE INDUSTRIAL PROPERTY INTO THE SPANISH ECONOMY. b) CONSOLIDATE THE TRANSITION OF THE SPANISH IP SYSTEM INTO THE 21ST CENTURY, BY PURSUING: EXCELLENT MANAGEMENT, FLEXIBILITY AND COMPETITIVENESS.

c) SUPPORT THE SPANISH PRODUCTIVE SYSTEM, PARTICULARLY SMES, BY REDUCING COSTS AND RESOLUTION TIME, DIMINISHING BUREAUCRACY AND PROMOTING INTERNATIONALIZATION OF BUSINESSES.

THE PLAN Π WAS FORMALLY APPROVED BY THE SPANISH APPROVED BY THE SPANISH GOVERN IN THE CABINET MEETING OF 23TH APRIL, 2010. GOVERN IN THE CABINET MEETING OF 23TH APRIL, 2010. 5

WHY THE PLAN Π?

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OUR GOALOUR GOAL

To ESTABLISH INDUSTRIAL PROPERTY AS A To ESTABLISH INDUSTRIAL PROPERTY AS A FACTOR FOR DIFFERENTIATION, FACTOR FOR DIFFERENTIATION,

SPECIALIZATION AND GREATER RETURN ON SPECIALIZATION AND GREATER RETURN ON THE SPANISH PRODUCTIVE SYSTEM IN THE THE SPANISH PRODUCTIVE SYSTEM IN THE

LONG TERMLONG TERM

2010-2012 IP PLAN2010-2012 IP PLAN

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STRATEGIC OBJECTIVES

STRATEGIC STRATEGIC

OBJECTIVESOBJECTIVESDEFINITIONDEFINITION

STIMULUS OF IPSTIMULUS OF IPINCREASE USE BY SPANISH BUSINESSES OF IP BY STRENGTHENING

BUSINESS AND SOCIAL CULTURE IN THIS REGARD

INTERNATIONALIZATINTERNATIONALIZAT

IONION

STRENGTHEN USE OF IP AS TOOL FOR ACCESS BY SPANISH

COMPANIES TO INTERNATIONAL MARKETS

PROTECTION AND PROTECTION AND

SECURITYSECURITYENSURE THE EFFECTIVENESS OF IP RIGHTS

GREEN IPGREEN IPPROMOTION, PROTECTION AND PROFITABILITY OF INVESTMENTS IN

TECHNOLOGIES TO FIGHT CLIMATE CHANGE

EXCELLENCE IN EXCELLENCE IN

MANAGEMENTMANAGEMENT

STRENGTHEN SPTO SERVICES AS AN EFFICIENT AND REVITALIZING

AGENCY FOR IP ACTIVITIES AND THEIR DISSEMINATION11

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SO 1: Stimulus of IP (€18.4 million)

Reduction of public fees and prices: €8.2 million

Aid to SMEs: €6.6 million

IP dissemination: €3.6 million

18% reduction of fees over three years and reduction of public prices of all IP titles (€8.2 million). New open services.

Implementation of a line of aid and subsidies to SMEs and individuals

(€3.6 million)

Aid to IP Management: Promotion of the Virtual Center for SMEs (DGPYME and EOI), Regional Centers with the autonomous communities, new SME tools

Training activities: Creation of the online and on-site "IP Classroom" Promotion and daily internal and online publication of the Intellectual Property Official Gazette

Sectorial conferences and guides (Renewables, Foodstuffs, Footwear)

Cooperation agreements with technology-intensive businesses

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SO 2: Internationalization (€15.7 million)

Aid to internationalization of Spanish patents: €14.5 million

Support of Spanish as a language of technology: €1.2 million

International cooperation for support of Spanish IP

Aid programme to support internationalization of IP (payment of fees and for translations)

Measures to reduce fees in the International Patent System (-85%)

Online advice through the Virtual Center for international extension.

Promotion of greater cooperation with other national offices by signing bilateral agreements to implement flexible mechanisms for obtaining patents abroad (e.g., the Patent Prosecution Highway)

Promotion of cooperation projects with the OHIM for dissemination and standardization of tools.

Creation of a network of legal experts in the Industrial Property Offices of Southern Europe and the Mediterranean

Strengthening the role of the SPTO as an International Search Authority, increasing the number of international applications

Promotion of Spanish as an official language in all treaties managed by WIPO

Computerized translator from Chinese/Korean/English to Spanish

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Awareness regarding the fight against piracy €400,000

Institutional aid for effective protection of IP rights €100,000

“Soy Original” ("I'm an Original") awareness campaign in municipalities with more than 100,000 inhabitants.

Informational webpage, www.oepm-antipirateria.es

24-hour speedy information services for judges, the police and users.

Creation of a case law database for the Spanish and Community courts in IP matters.

Cooperation in the improvement of training of judges, prosecutors, the police and customs authorities in all matters related to IP.

Development of speedy information services for judges, the police and users

SO 3: Protection and security (€600,000)

Improvement of the statistical information system €100,00

Promotion of a common statistical methodology for infringement of IP rights in the European Community.

2020

SO 4: Green IP (€1.7 million) Promotion of IP in sectors related to alternative energies and environmental protection.

Promotion of the procedure for accelerated grant of patents (concesión acelerada de patentes, or "CAP") for patent applications related to clean technologies. Line of aid to green technology inventions.

Design of a forum for technology offer and demand (Marketplace) for the transfer of clean technologiesPreparation of a technology monitoring bulletin regarding green technologies (the first related to electric cars)

Transfer of green technologies.

Creation of a "Leading Companies Forum" of the leading companies in management of Industrial Property in businesses related to renewable energies Creation of an annual "Green Patent" prize based on its contribution to reduction of greenhouse gases

Reporting and dissemination of patented innovation in green technologies.

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SO 5: Excellence in management (€5 million)

Online patents and trademarks €4 million

Simplification of proceedings and quality improvements €0.4 million

SPTO 2.0 €0.6 million

Electronic processing of 100% of SPTO procedures.

Stimulating B2G (Business to Government) services by creating a register of users to facilitate online access to their own files.

Auto-completion of applications in order for the Authority not to collect the data

Amendment of the regulatory framework to facilitate access to IP by SMEs and universities. (E.g.: Elimination of the requirement of including the patent claims in the first filing).

Reduction of terms for direct concession of distinctive signs (15%) patents (3.8%), utility models (7%) and resolution of appeals (14%).

Rapid grant of IP titles: industrial designs in 72 hours, trademarks in 5 months. Patents in 12 months (voluntary accelerated concession programme).

Incorporation of the Quality Management System in accordance with the ISO 9001:2008 standard and extension of the system to the key areas within the SPTO.

Creation of IP Interaction Forum SPTO 2.0 with IP system users.

PLAN OBJECTIVES: IN 2012...

•SPAIN MUST BE AMONG THE 10 LEADING COUNTRIES IN THE EU WITH THE MOST DOMESTIC PATENTS AND UTILITY MODELS .•THE AVERAGE OF TRADEMARK APPLICATIONS IN SPAIN WILL MOVE FROM 1100 TO 1225 PER YEAR, AND THE AVERAGE OF PATENT APPLICATIONS WILL MOVE FROM 84 TO 90 PER MILLION INHABITANTS.•MORE THAN 100,000 COMPANIES WILL HAVE PARTICIPATED IN PLAN ACTIONS.

OBJECTIVE1: STIMULUS OF IP

•MORE THAN 5000 COMPANIES WILL HAVE APPLIED FOR INTERNATIONALIZATION AID. •SPAIN MUST BE AMONG THE 10 LEADING COUNTRIES IN THE EU IN EUROPEAN PATENTS AND AMONG THE 15 LEADING COUNTRIES IN THE WORLD IN PCT.•9 INTERNATIONAL AGREEMENTS WILL HAVE BEEN SIGNED WITH NATIONAL PATENT OFFICES OF OTHER COUNTRIES.•PROMOTION OF GREATER COOPERATION WITH OTHER NATIONAL PROMOTION OF GREATER COOPERATION WITH OTHER NATIONAL OFFICES BY SIGNING BILATERAL AGREEMENTS TO IMPLEMENT OFFICES BY SIGNING BILATERAL AGREEMENTS TO IMPLEMENT FLEXIBLE MECHANISMS FOR OBTAINING PATENTS ABROAD (E.G., FLEXIBLE MECHANISMS FOR OBTAINING PATENTS ABROAD (E.G., THE THE PATENT PROSECUTION HIGHWAYPATENT PROSECUTION HIGHWAY).).

OBJETIVE 2: INTERNATIONALISATION

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PLAN OBJECTIVES: IN 2012...

OBJECTIVE 3: PROTECTION AND SECURITY

•MORE THAN 550 ANNUAL INFORMATION SERVICES WILL BE OFFERED. •AWARENESS ACTIONS WILL BE UNDERTAKEN IN MORE THAN 50 MUNICIPALITIES HAVING MORE THAN 100,000 INHABITANTS.•THERE WILL BE MORE THAN 2200 MONTHLY HITS ON THE ANTIPIRACY WEBPAGE.

OBJECTIVE 4: GREEN IP

•MORE THAN 5000 USERS WILL HAVE SUBSCRIBED TO THE BULLETIN.• THE NEW SYSTEM WILL ALLOW 20% OF PATENTS APPLIED FOR IN THE GREEN IP SECTOR TO USE THE ACCELERATED PROCEDURE.•SPAIN WILL BE AMONG THE LEADING 5 COUNTRIES IN THE EU IN THE NUMBER OF EUROPEAN AND PCT APPLICATIONS IN THIS SECTOR.

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Plan Objectives: in 2012...

•THE NUMBER OF USERS OF ONLINE TOOLS DEVELOPED BY THE SPTO WILL BE MORE THAN 50,000.

•15% OF PATENTS, 80% OF TRADEMARKS (DIRECT) AND 80% OF DESIGNS (DIRECT) WILL BE GRANTED IN LESS THAN 12 MONTHS, 5 MONTHS AND 72 HOURS.

•THERE WILL BE MORE THAN 15,000 USERS SUBSCRIBED TO THE SPTO 2.0 NETWORK.

OBJECTIVE 5: EXCELLENCE IN MANAGEMENT

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“La propiedad industrial es el vector de innovación, de competitividad y de crecimiento para el futuro de la economía española”

Ministro Sebastián, Presentación Plan PI Ministro Sebastián, Presentación Plan PI

IP IN SPAIN

http://www.planpi.es/index.html