Research on the competency which is ... - ip-tanaka-lab. · PDF fileKPI, SWOT ANALYSIS AND...
Transcript of Research on the competency which is ... - ip-tanaka-lab. · PDF fileKPI, SWOT ANALYSIS AND...
JPO Study-Cum- Research Fellowship Program
October 8, 2008– March 30, 2009
Research on the competency which is required for the
institution in charge of development of IP human resources
Submitted by
LI XUN
Program manager
CHINA INTELLECTUAL PROPERTY TRAINING CENTER (CIPTC)
STATE INTELLECTUAL PROPERTY OFFICE (SIPO)
PEOPLE REPUBLIC OF CHINA (CHINA)
SUPERVISED BY
Prof. YOSHITOSHI TANAKA
TOKYO INSTITUTE OF TECHNOLOGY, JAPAN
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TABLE OF CONTENTS
ACKNOWLEDGEMENT ......................................................................................................... 4
ABSTRACT.............................................................................................................................. 6
CHPATER ONE BACKGROUND ...................................................................................................................... 8
1. SITUATION OF IP TRAINING IN JAPAN ....................................................................9
1.1 GOVERNMENT POLICY IN JAPAN............................................................................9
1.2 IP TRAINING INSTITUTE IN JAPAN......................................................................... 11
2. DETAILED INFORMATION.....................................................................................18
2.1 THE PERSONNEL COMPOSITION、BUDGET OF IP TRAINING ........................18
2.2 THE CURRICULUM ...................................................................................................19
2.3 TRAINING METHOD..................................................................................................24
2.4 TEACHER COMPOSITION .......................................................................................25
2.5 IP TRAINING FOR YOUNGSTERS ..........................................................................26
2.6 EVALUATION..............................................................................................................27
2.7 LONG-DISTANCE TRAINING ...................................................................................29
2.8 TRAINING NETWORK......................................................................................................29
3....SITUATION OF IP TRAINING IN CHINA................................................................30
3.1 THE GENERAL SITUATION......................................................................................30
3.2 IP TRAINING ORGANIZED BY CIPTC .....................................................................32
3.3 IP TRAINING ORGANIZED BY LOCAL IP OFFICES ..............................................36
3.4 IP TRAINING ORGANIZED FOR YOUNGSTERS...................................................38
4. DETAILED INFORMATION .......................................................................................39
4.1 CURRICULUM SETUP ..............................................................................................39
4.2 TEACHER DATABASE ..............................................................................................43
4.3 TRAINING METHOD..................................................................................................44
4.4 EVALUATION..................................................................................................................48
4.5 TRAINING NETWORK......................................................................................................49
5. GENERAL COMPARISION BETWEEN CHINA AND JAPAN .................................49
CHPATER TWO PURPOSE AND HYPOTHESIS ............................................................................................53
1. DETAILED COMPARISON .........................................................................................53
1.1 TRAINING METHOD..................................................................................................53
1.2 CURRICULUM............................................................................................................53
1.3 TEACHERS .................................................................................................................55
1.4 IP TRAINING FOR YOUNGSTERS ..........................................................................55
1.5 TRAINING NETWORK .....................................................................................................57
2. THE CHARACTERISTIC ANALYSIS OF IP TRAINING INSTITUTES......................................57
2.1 THE COMMON CHARACTERISTIC WITH GENERAL LEGAL ENTITIES.................................57
2.2 THE COMMON CHARACTERISTIC WITH GENERAL EDUCATION INSTITUTES ....................58
2.3 THE PARTICULAR CHARACTERISTIC OF IP TRAINING INSTITUTES..................................58
3. KPI, SWOT ANALYSIS AND HYPOTHESIS..............................................................59
3.1 KPI FOR MEASURING IP TRAINING INSTITUTES................................................59
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3.2 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN JAPAN ................................63
3.3 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN CHINA ................................65
4. HYPOTHESIS...............................................................................................................70
5. METHODOLOGY ........................................................................................................71
5.1 THE RESEARCH PROCESS ....................................................................................71
5.2 THE RESEARCH METHODS....................................................................................72
CHPATER THREE INTERVIEWS AND ANALISIS ..............................................................................................73
1. GENERAL SITUATION OF INTERVIEWS .............................................................73
1.1 INTERVIEW TO INPIT ...............................................................................................73
1.2 INTERVIEW TO JIII ....................................................................................................80
1.3 INTERVIEW TO FUJITSU CORPORATION .............................................................82
CHPATER FOUR QUESTIONAIRES AND ANALISIS ......................................................................................83
1 GENERAL SITUATION OF QUESTIONAIRE............................................................83
2. EVALUATION OF RESULTS OF QUESTIONAIRE ..................................................83
2.1 STRATEGY INDEX ANALYSIS ..........................................................................................83
2.2 IMPLEMENTATION INDEX ANALYSIS................................................................................87
2.3 INFLUENCE INDEX ANALYSIS .........................................................................................89
CHPATER FIVE CONLUSIONS AND RECOMMENDATION.........................................................................91
1. CONCLUSIONS...........................................................................................................91
2. RECOMMENDATION .................................................................................................92
2.1THE RECOMMENDATION ON THE INNER POLICY ..............................................92
2.2 THE RECOMMENDATION ON THE OUTER POLICY............................................94
REFERENCES .......................................................................................................................96
ATTACHMENT........................................................................................................................98
ATTACHMENT 1: QUESTIONAIRES ........................................................................98
ATTACHMENT 2: CORRELATION CHART ............................................................. 101
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Acknowledgement
This is my final report when I studied in Japan under the JPO project. During the
six months, the JPO and APIC of JIII organized and managed efficiently my
research, I also got much help from different aspects. So, I would like to sincerely
express my gratitude to:
The Japan Patent Office (JPO) for funding and organizing this program; The State
Intellectual Property Office of P. R. China (SIPO) for giving me this precious
opportunity; The Asia Pacific Industrial Property Center (APIC) of the Japan
Institute of Invention and Innovation (JIII) for providing good working environment
and facilities for my research; The Graduate School of Tokyo Institute of
Technology (TIT) that gives me the opportunity as a visiting scholar to share with
the experience; National Center for Industrial Property Information and Training
(INPIT) for their strong cooperation on my research.
My thanks to Mr. Masayoshi Omachi, Mr. Nemoto Masashi, Ms. Mari MORI, Mr.
Yoshihiro Nakayama and other officials of International Affairs Division, JPO for
their friendly arrangement of the program;
I would like to thank my coordinator, Mr. Toshiyasu MATSUTANI, Ms. Yukiko
KOYANAGI, for their excellent support, attention and detailed friendly
arrangement,and providing me good conditions and assistance for carrying out
the research work.
My thanks to Ms. Noshiro CHIE of APIC of JIII, Ms. K. KINOSHITA, Ms. M.
TAKAHASHI, Ms. A. SAKUMA of APIC for their enthusiastic and hospitable help
during the six month.
I would like to thank every lecturers of the training course in APIC that I had
attended during the program for their lecture and special explanation to me; and
thanks to all the people who replied my questionnaire and accepted my interview.
Especially, I would like to express my special thanks and gratitude to my
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supervisor, Prof. Yoshitoshi TANAKA of the Graduate School of Tokyo Institute of
Technology, for his kind and useful guidance and advices on my research,and
thanks to his students of Tokyo institute of technology Mr. Higuchi, Mr. Sunada,
and others for their friendship and hospitality.
I would like to thank my leaders and colleagues, especially Mr. Ma Fang, Mr.
Wang Lantao and Mr. Yan Chong who gave me the chance and provided great
help to my report.
Others that I could not mention them all also have contributed less directly but no
less importantly to my progress during the time of this program. I also express my
gratitude to them.
Finally, I would like to thank especially to all members of my family for their
support, patience and understanding.
Tokyo, March 2009
※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※※
It should be noted that opinions expressed in this report are purely personal
and do not necessarily reflect those of the organization to which the author
belongs.
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Abstract
The research theme is the Competency Build-up of Institutes in charge of IP
human resources. Based on several years working experience of IP training in
China, I have a little knowledge about the nature and practice skills of IP
training. So I’d like to take use of the opportunity to study the experience of IP
training institute in Japan. Then combined with the experience myself, I wish to
strengthen my understanding about IP training institutes, and give rise some
suggestions to Chinese related training institutes.
The method of research is as follows. Firstly I will gather related information
about Japan IP training institutes. Combined with the Chinese information that
I have know, I will do comparison first, and find visual common points and
difference. For the discrepancy in political and economic system, the difference
of developing stage, and the distance of IP utilization level between China and
Japan, during the difference analysis, combined the national situation, I have
done SWOT analysis for IP training institute in China and Japan, and the
analysis has been considered as basic material for further delicate analysis.
Firstly, as to training institute, it has a common point with any other vigorous
organization, that is he should have high qualified, and unified group, have
developing objective and proper location, have concrete implementation plan
and investigation or research ability, and the ability to adjust the plan to meet
with the changes of situation, also should have implementation ability with high
efficiency.
Secondly, IP training institutes have some common characteristic with normal
education organizations. The objective of them is to provide the knowledge or
skills fit to the trainees’ needs.
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To provide the knowledge fit to the actual needs, it need us to have strong
ability on education research, complete education evaluation system (aim to
trainees, teachers, courses and programs etc.), and scientific and pertinent
training courses.
Then, after the general and detailed comparison, the hypothesis has been
assumed, that is to improve the ability of IP training institutes in 3 aspects
including, strategy ability (comprising self-adjusting ability), implementation
ability (comprising group building up), and influence ability. Although the 3
aspects are also important in other kinds of organizations, however, I have set
up some evaluation parameters or KPI (key Performance Indictor) to evaluate
the 3 abilities according to the particular characteristic of IP training institutes.
Finally, I have tested the abovementioned parameters through interview and
questionnaires. The testing way is firstly to roughly judge the weight of each,
and then to get the correlation data among different parameters. The second
step is to make analysis about the weight and the meaning of correlation
values. Such kind of correlation analysis has helped me to find the basic
parameter, and then helped me to find the supreme policy which should be
taken earliest.
--------------------------------------------------------------------------------------------------------
This report just is a summary of my study in Japan. The understanding
and comprehension to some conception is very superficial. Some
judgments maybe were not so exactly. I honestly wish you the reader
give some comment and criticism.
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CHPATER ONE
BACKGROUND
In 2007, a conference among the deans from global IP academies has been
held in BEIIJNG, and the delegates are from Australia, Brazil, China, Croatia,
Cuba, Mexico, Korea, Africa, Europe, and WIPO. The conference recognized
that IP academies have played important role in the IP education, training and
research and emphasized that IP is cross-disciplinary subject, so we should
not only be limited to the field of law, but also enhance the IP education in the
field of engineering, scientific, R&D, management and financial etc.1
The conference agreed to further to strengthen the international cooperation in
the field of IP education. 2
It can be clearly seen that importance of IP education is more and more
emphasized all over the world, and also there shown a clear trend that
multi-lateral or bilateral cooperation on IP education has been highly enhanced
among the countries for the economy globalization.
There is no doubt that IP education in different countries must have some
similarities, for most of countries who are the member of Trips have a similar
law system. However, there are some differences that should be concerned.
Firstly, the development of IP situation in different countries is still in different
stages. Secondly, the environments including culture or public consciousness
of IP are also different. Thirdly, although most countries set up the IP system
based on Trips, however, we have still kept difference in some concrete
aspects.
1 Information from http://www.wipo.int/academy/en/ipacademies/ line 3-10, paragraph 1 2 Information from http://www.wipo.int/academy/en/ipacademies/ paragraph 2
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So it is necessary to do some comparison among different countries. Here I
focus on the comparison between China and Japan. As we know, Japanese IP
system has been built up for more than 100 years. In 1970’s-1980’s, Japan has
also experienced a period characterized by piracy and counterfeiting and is
strictly criticized by western countries. Since 2002, Japanese government has
set up national IP strategy to build up the IP-based country3. Till now, the
Japanese enterprises have developed a mature IP management theory, and
applications of patent has a trend evolving from “small patent” to “basic patent”,
meanwhile the period of rapid growth in the amount of application has
gradually turns into a period with stable amount, which means a more mature
application strategy has been adopted in which quality is more concerned. All
obviously and definitely, such changes need a large number of IP talents in
various kinds of field, also need IP culture formed in society. So from the
comparison, we can make clear what stage china is in, and what kind of
experience can be introduced to help us develop our human resources in the
field of IP.
1. SITUATION OF IP TRAINING IN JAPAN
1.1 GOVERNMENT POLICY IN JAPAN
In 2005, the subject concerned about IP education is lack in quantity of IP
talents, and to improve the quality of IP talents. In order to solve the problem,
Japanese government is planning to double the amount of IP talents from
60,000 to 120,000 persons in 10 years, to actively cultivate and effectively use
inter-disciplinary talents, and to set up comprehensive strategy of cultivating IP
talents4.
The concrete suggestions of the strategy include make clear the definition of IP
3 The summary of the Intellectual Property Strategic Program 2008; Mr. Gen Kawai, Deputy Counselor,
Intellectual Property Strategy Headquarters. October 9, 2008,. 4 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 2
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talents, the required skills for each kind of IP talents, the cultivation methods
and related measures. Japanese government has roughly classified the IP
talents into 3 groups, IP professionals, creation and management talents and
reserved talents5.
The strategy is based on delicate investigation and analysis of the situation in
Japan. Firstly, Japanese government has investigated the situation and
requirements of IP talents in various fields, make clear the function of various
IP talents, and set up an ideal model for each of them. Secondly, the
government investigated the skills required for each field, and set up the
objective. Thirdly, according to the skills required, the government set up a
10-years plan and each year evaluates the effect of implementation. Fourthly,
the government make further refined classification as university as well as
education institute, enterprises, jurisdiction system, IP related organization,
administrative institute to improve the pertinence of each program.6
The ideal model of IP talents according to the strategy may roughly comprised
of 5 types: talents has ability of international cooperation and communication in
IP, talents has ability of mastering cutting-edge technology, comprehensive
talents, talents has ability of IP management, talents helpful to SMEs7. In order
to achieve the objective of strategy, Japanese government has taken about 10
key measures which include, setting up the negotiation conference, providing
sufficient financial support to IP education and research, introducing and
effectively taking use of the talents who master the cutting-edge technology,
effectively taking use of the talents who have practical experience, broadening
the working experience of IP talents to cultivate comprehensive talents,
strengthening the IP talents exchange in the world, improving the ability of
effective usage of IP and support to IP, exploring the textbook and education
5 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 4 6 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 7 7 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 6
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assisting tools, and developing the ability of independent legal entities on IP
training institutes8.
There are 7 legal entities dealing with IP training in Japan, which respectively
are Japan institute of innovation and invention (JIII), National Center for
Industrial Property Information and Training (INPIT), Association of Intellectual
Property Education (IPEA), Intellectual Property Association of Japan (IPAJ),
Japan Intellectual Property Association (JIPA), Japan Federation of Bar
Associations (JFBA), Japan Patent Attorneys Association (JPAA). These 7
entities have set up a mechanism of negotiation conference, and 2 meeting will
be held for each year9.
Japanese government has attached great importance to the IP education for
children. The children and students are suggested to learn IP knowledge in the
school and the reference textbooks are provided or recommended, and
contest on IP report among students is conducted. Some children may attend
the invention club (JIII) to get more skills. Meanwhile, for ensuring the quality of
such kind of education, the training for the teachers sometimes is also
provided10.
1.2 IP TRAINING INSTITUTE IN JAPAN
1.2.1 INPIT
The INPIT, an Independent Administrative Institution, was established on April
1, 2001. The center provides comprehensive information on industrial property.
These include gathering and reading official gazettes on industrial property;
providing consultations on industrial property; gathering and reading the Japan
8 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008 9 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 12 10. The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 13
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Patent Office’s industrial property reference materials; and utilizing licensable
patents.
In October 2004, the National Center for Industrial Property Information
changed its name to the National Center for Industrial Property Information
and Training and started providing “information dissemination services” and
“human resource development services.”
With the aim of developing human resources that will support intellectual
property services so as to promote expeditious examination/trial examination
at the JPO, formulation of intellectual property strategies at companies, and
proper protection and utilization of intellectual property rights, the department
implements the following training.
(1) Training for JPO staff
The department constantly implements necessary training for smooth
performance of services at the JPO, and in particular, provides proper training
on a timely basis in response to the changes in the environment affecting the
industrial property administration, including the mass recruitment of fixed-term
JPO examiners and the need for highly specialized knowledge on laws and
international relations, as well as rapid progress in advanced technology. The
department also makes efforts to effectively implement necessary training for
the development of human resources that will support SMEs and venture
companies in formulating intellectual property strategies.
(2) Training for people other than JPO staff
The department provides people other than JPO staff who engage in industrial
property services at registration search agencies with training based on
know-how accumulated through the enforcement of examination/trial
examination.
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(3) Training with the use of information communication technology
The department provides people engaging in intellectual property services in
general, including JPO staff, with opportunities to mutually improve their skills
and knowledge with the use of information communication technology, and
enhance such training opportunities in terms of quantity and quality, thereby
promoting the development of human resources that are well versed in
intellectual property services.
Encouraging of patent licensing through use of licensable patents
(Licensing Promotion Department)
The Department encourages small and venture businesses to actively create
new businesses and develop new products by facilitating the smooth transfer
of licensable patents (patents whose owners have the intention of making them
licensable) between corporations as well as between corporations and
universities/public testing and research institutions.
(1)Encouraging patent licensing through use of human resources and
other means
Experts who help support the promotion of patent licensing (Patent Licensing
Advisors) are dispatched to mediate, offer consultations, and provide training
and educational programs on patent licensing and technology transfers. To
increase the recognition of measures for encouraging patent licensing,
moreover, the Department holds comprehensive seminars on these business
operations, called "Seminar for Encouraging Patent Licensing", in various parts
of Japan.
(2)Encouraging the provision and use of information on licensable
patents
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The Department offers ideas on how licensable patents may be used. This
may be done through provision of information on licensable patents included in
the patent licensing database, and through Examples of Licensable Patent
Utilization. The Department also provides Charts for Supporting Patent
Licensing that analyzing the trends of domestic patents and corporations.
Companies hoping to create new businesses will find these charts useful as an
index for introducing and transferring technologies. Moreover, the Department
dispatches specialists on patent information research (Patent Information
Advisor) to help small and venture businesses in the regional community
develop technologies and introduce patents by using patent information.
(3)Supporting the fostering of patent licensing business
By organizing training programs, holding international seminars, and carrying
out other activities, the Department establishes the environment for developing
and fostering individuals who will play central roles in the patent licensing
market in the future. At the same time, it publicizes a list of patent licensing
agent to make this business better known in Japan, and to provide
opportunities for the public to access the business agents11.
The organization chart of INPIT:
11 The introduction to the INPIT is from the INPIT official website, http://www.inpit.go.jp/english/index.html
15
Figure Source: INPIT website, http://www.inpit.go.jp/english/index.html
1.2.2 JIPA
JIPA was founded in September 9, 1938, and had 1005 members till year 2004
with 836 formal enterprise members and 169 financing members (such as law
firm). JIPA is a non-profit, non-governmental organization, which has
approximately 1173 members. It represents industries and users of the
intellectual property system, and provides related institutions all around the
world with well-timed, suitable opinions on improvement of their IP systems
and their utilization.
JIPA has training programs for about 18000 member employees, including
engineers and researchers, every year. The aim of JIPA training is that the
trainees master the knowledge, information and business practice required for
performing his/her tasks to improve his/her legal knowledge on IP and
business practice capability.
CHAIRMAN
Auditor Executive director
General affairs department
Information provision department
Licensing promotion department
Information management department
Consultation department
Training department
Human resources development department
Executive Manager for Human Resources Executive Manager for General
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Further, recently, JIPA prepared "Course for developing New-IP-Leaders"
which creates the human resources who may lead IP management to a
success, and "Course for developing IP-Strategic-Staffs" which creates the
human resources who can find out the concrete subject on the vision of IP
section and propose the creative policy for achieving such subject12. The
organization chart of JIPA:
Figure source: JIPA’s website, http://www.jipa.or.jp/content/english/
1.2.3 JIII-APIC
APIC is founded in 1996, and belong to JIII. Its responsibility is to cultivate and
training IP talents through the all kinds of cooperation to provide strong support
to developing countries in IP fields.
Through the cooperation with the organization like WIPO (World Intellectual
Property Office), AOTS (The Association for Overseas Technical Scholarship),
12 JIPA website, http://www.jipa.or.jp/content/english/
CHAIRMAN (1)
PRESIDENT (1)
Executive manager 1 Managing directors (11)
Vice-president (5)
Directors for each industrial
Vice-chairman (4)
Advisor (4)
Policy & strategy PJ (9)
Secretary General Standing expert committee Kanto Chapter (6) etc.
Policy & strategy division
General affairs division
Member’s support division
Publication public affairs
Training division
Kansai office
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and JICA (Japan Intellectual Cooperation Agency) etc, APIC has held lots of
seminars during 10 years. Till now, the amount of participants in these
seminars is about 2000 and these participants have been the specialists in
their country after the study.
The training activities are organized in global view, and emphasis on the IP
practical affairs. The participants are mainly government officials, staff in
enterprises and IP firm, scholar of research institute and other IP professional.
Meanwhile, the training methods approved by APIC are face-to-face training
(including discussion), visiting related IP organizations, practice, and case
study etc. APIC has provided many documents for reference, such as
researching material provided by China, Vietnam, Thailand and Indonesia
researchers13.
Here below is the organization chart of JIII-APIC.
13 APIC pamphlet
18
Figure source: JIII’s website, http://www.jiii.or.jp/english/e.htm
2. DETAILED INFORMATION
2.1 THE PERSONNEL COMPOSITION、、、、BUDGET OF IP TRAINING
In the fiscal year 2007, INPIT has received a total of 14.2 yen billion from the
Japan Patent Office, in which 0.4 billion is used for IP training programs (not
including the labor cost and wages).
19
In the training program organized by INPIT, the institute will charge some fees.
The calculation of the fees is decided by the actual cost of the training courses
paid by the participant or participant’s employer. In 2007, the budget revenue is
50 million yen, and actual revenue is 70 million yen.
In total, INPIT has a total of 101 employees (as of April 2008), who mostly have
experience of working for the Japan Patent Office, and in which a number have
experience as patent examiners.
INPIT take great emphasis on the staff’s knowledge about IP, so they fully take
use of the staffs from the JPO, however, INPIT don’t have special program to
train staffs about IP knowledge14.
2.2 THE CURRICULUM
2.2.1 INPIT
The training programs of INPIT evolve from the IP training for the official of
JPO. In another aspect, INPIT is also responsible for the setting-up of patent
database and has strong ability in patent searching and analysis15. So we can
see very clear course distribution in INPIT curriculum which focuses on the
skills of patent searching and analysis.
According to the statistics of 2008, INPIT has organized more than 30
seminars, in which more than 25 seminars are focus on the patent searching
&analysis. In the meantime, there are still some seminars about the patent
examination, infringement, general knowledge of IP, and IP policy16.
14 The information about personnel composition and budget is gathered through interview with INPIT officials, in
Feb. 23, 2009 15 From INPIT website, http://www.inpit.go.jp/english/index.html, 16 Information gathered from response of questionnaires from INPIT, the curriculum list in 2008
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Data source from interview with INPIT, Feb.23 2009.
The courses of primary searching seminar include, 1) The Patent Law and
examination standards, 2) Introduction to classification and approaches to
searches, 3) Practical training in conducting searches etc. The courses of
intermediate seminar include, 1)Patent examination standards,2)Approaches
to patent searches and practical aspects thereof,3)Practical exercises in patent
search etc. The courses of advanced seminar are largely same, and the
difference is that advanced seminar has practical exercises in searches using
search terminals for Japan Patent Office patent examiners (some usage
restrictions), etc. The courses of infringement warning mainly on the practical
training based on a simulated experience of receiving a patent infringement
warning notice17.
So there shown a clear logic relationship in the curriculum structure. We can
know that INPIT has fully taken use of its advantage in the skill of patent
searching, and broaden their course to the related filed, like patent
examination standard and infringement warning. Because patent examination
standard are influential factor of the protection scope of the granted patent, so
it will help a lot in the data analysis after searching. Meanwhile, infringement
warning directly needs the skill of patent searching and analysis, so it can be
17 The data about the content of courses is from the response of questionnaire from INPIT
IIII
III
II
I
Advanced
searching
Infringe
ment
Primary
searching
seminar
Intermediate
Searching
seminar
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recognized as the usage of patent searching in the practical fields.
2.2.2 JIPA
The curriculum in JIPA are roughly divided into 6 groups including basic
courses, specific courses, courses for special technical field, comprehensive
courses, oversea courses, and temporal courses. The basic courses can be
also divided into entrance courses, preliminary courses and intermediate
courses18.
Entrance courses Preliminary courses Intermediate courses
IP system in enterprise
Patent, utility model system
Trademark and design system
Foreign patent system
IP information
Related IP law
IP contract overview
IP management
Patent, utility model application
Foreign patent system
Trademark and design application
Patent information
IP law and related law
IP litigation
IP management in enterprise
Patent law, utility model law
Design law
Trademark law
US patent system
European patent system
Treaties and Asia patent
system
Practical skills of contracts
Civil law overview
Civil litigation law overview
Drafting of patent
application files(electronic,
mechanics )
Drafting of patent
application files(chemistry)
Patent searching
The utilization skills of
patent searching)
18 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,
March 2004, Page 25-28.
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Data source of the table is from the report, “IP education research in universities” ,
Osaka Institute of Technology, March 2004, Page 25-28.
The specific courses can be divided into 2 groups, advanced course and
research course.
The advanced courses include patent trial, the appeals against the decision,
the interpretation of the trial decision on trademark and unfair competition
cases, patent law comparison stud, international contract, patent infringement
litigation and US patent litigation etc. And the research courses include patent
trial case research, patent research in view of civil litigation law, and the
research on the drafting of specification in English (chemistry, mechanics etc)
19.
The technician-oriented courses are mainly to improve the awareness, and
strengthen the relationship between R&D and IP department20.
The comprehensive courses comprise of IP rights&management of enterprise,
and Asian IP system. The overseas courses include US patent system,
regulation, cases,and IP affairs in Asian countries. The temporal courses
include the basic knowledge and recent development of copyright, patent
application in US and Europe, and IP marketing21.
The curriculum structure in JIPA is as follows,
19 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,
March 2004, Page 25-28. 20 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,
March 2004, Page 25-28. 21 The information is from the report, “IP education research in universities” , Osaka Institute of Technology,
March 2004, Page 25-28.
23
The data source from the report, “IP education research in universities”, Osaka Institute of
Technology, March 2004, Page 25-28.
2.2.3 JIII-APIC
APIC is mainly undertaking the training program organized by WIPO, JPO or
JICA for the foreign participants from Asian-Pacific countries22. During the
courses, when introducing the Japanese system, the teachers are usually pay
attention to launch the discussion and gather the related information of the
participants’ countries.
The seminar in APIC can be roughly divided into 3 kinds.
(1) Specific theme (2) General courses (3) Specific seminars for specific
countries.
The curriculum of general courses is as follows,
IP function in economic development
Current situation of IP administration
patent application or electronic filing
system
Patent&Trademark appeal
General
Anti-counterfeiting activities
22 JIII-APIC website: http://www.jiii.or.jp/apic/us/e_top.htm
Curriculum structure
Basic courses
Specific courses
Entrance courses
Preliminary courses
Intermediate courses
Advanced courses
Research courses
Technician-oriented courses Comprehensive courses
Overseas courses Temporal courses
24
IPR awareness Raising Activities
Japanese national IP strategy
IP infringement
courses
IP dissemination and education
activities in Japan etc.
Data source from the training program during Oct. 2008-Mar.2009 that I have attended.
The curriculum of specific theme mainly concerned IP practical skills.
Data source from the training program during Oct. 2008-Mar.2009 that I have attended.
From the chart, we may know the courses are mainly on introduction of IP
acquisition procedure in Japan, Japanese IP administration or WIPO’s
perspective, and the importance of IP protection against counterfeited and
pirated goods as well as Japanese activities.
The specific seminars for specific countries have been held for Vietnam, India,
China, and Indonesia etc23.
2.3 TRAINING METHOD
In Japan, the mostly used training method is also face-to-face training. Other
23 The data about the seminar and curriculum is from the training program during Oct. 2008-Mar.2009 that I have
attended
Specific themes
IP acquisition
IP enforcement
Border measures
Information technology
IP administration
Specified technology
Etc.
25
training methods include training on the spot, practice, case study, and
e-learning etc. Here attached an example,
Face-to-face On the spot Practice Case study
PCT
Trips
IP strategy
Technology
transfer
License
Patent
examination etc.
Visit JPO
Visit INPIT
Visit court
Visit
enterprise
Visit law firm
etc.
Patent&trademark
searching
Patent&trademark&design
investigation
Drafting of patent
application files
Patent
litigation
Data source from the training program during Oct. 2008-Mar.2009 that I have attended.
During the face-to-face training, the discussion is usually arranged. Such
discussion usually takes the form of “country report”. And in the meanwhile
during the courses, participants are usually free to ask any questions at any
time24.
It is noted that the training in Japan usually takes the way of “blended training”,
just take INPIT as example, as a supplementary to the face-to-face training,
e-learning usually is used to strengthen the effects of the correspondent
courses in the training for JPO’s staffs25. “On the spot” is also widely used in
the traditional training program26, which has shown a more flexible image.
2.4 TEACHER COMPOSITION
The teachers in Japanese IP training institutes are mainly part-time teachers
from JPO or other IP-related ministries such as customs, universities, IP firm,
24 The information is gathered from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC. 25 Source from the interview with INPIT staff, in Feb. 23 2009 26 The information is gathered from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC.
26
enterprise etc. and overseas teachers from WIPO27.
teachers distribution
JPO
otherminsitries
universities
IP firm
enterprise
WIPO
Data source from the interview with INPIT, the training program during Oct.
2008-Mar.2009 that I have attended.
It can be clearly seen that the teachers are mainly form JPO, IP firm and
enterprise, universities. So the teachers are mainly from IP practical
departments, for the teachers from JPO are expected to more focus on IP
examination and administrative management; the teachers from IP firm are
expected to more focus on IP litigation or IP deputy; and the teachers from
enterprise are expected to more focus on IP management and utilization.
However, in actual, the teacher composition in different institutes is also
different. Such as the teachers in INPIT are mostly from JPO28. Teachers
composition in APIC is a little more complicated, and they are from all field
abovementioned. However, teachers from IP firm, enterprise, JPO also occupy
a biggest part29.
2.5 IP TRAINING FOR YOUNGSTERS
The IP training activities conducted by INPIT have taken several methods. 27 The information is gathered and calculated from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in
APIC and response of questionnaire from INPIT about the seminars organized in 2008. For it is proved to be
difficult to get exact information from JIPA, JPAA or other training institutes, the results can only be partly
conceived. 28 The information is from the interview with INPIT officials, Feb. 23, 2009 29 The seminar in APIC I have attended, Oct.8 2008-Feb.28 2009
27
Firstly, INPIT has created teaching materials such as a standard textbook and
list of supplementary readings or pamphlets, and distribute them to educational
institutions such as schools. Moreover, INPIT have created instruction manual
for teachers30.
INPIT also organized the patent contest31, and through the contest, INPIT is
cultivating attitudes and mind-sets in relation to industrial property rights.
JIII also organized innovative activities for children and students in primary and
middle school, also including children. In each prefecture in Japan, JIII has set
up innovative club to conduct innovative trainings, besides these, JIII also
organized innovation contest among the children and seminars on the IP basic
knowledge32.
Some of the universities and high school in Japan also conduct IP trainings,
but the behavior has not got the official support from the Ministry of Education.
As to the universities, only a few private universities conduct the IP training for
the students in primary and high school, and such kind of training is also
conducted by some high school as its characteristic33.
Generally speaking, the IP training for youngsters is not only the teaching of IP
knowledge, but also the cultivation of IP awareness.
2.6 EVALUATION
During the implementation of training program, INPIT conducts a five-stage
evaluation of around six-items for each topic. As to the teacher’s evaluation,
INPIT doesn’t have any particular evaluation system, but questionnaires
30 The information from interview with INPIT, Feb, 23, 2009 31 The information from interview with INPIT, Feb,23,2009 32 The information from interview with JIII, Feb.16,2009 33 Public Awareness and IP Education, Tokai University, Feb. 5, 2009
28
completed by participants are used as a reference material34.
There are 3 kinds of evaluation forms used in INPIT. The respondent can
select 1 answer from 5 options “1, 2, 3, 4, 5”. The evaluation form include the
self-evaluation form for the teachers, evaluation form for the effect of the whole
seminar from participants, and the evaluation form for each courses35.
The evaluation form usually refers to 5 factors including the understanding,
improvement, teachers, textbook and time. After the evaluation, the statistic
concerning the 5 factors is gathered and further analysis is outsourced to get
the radar chart for final judgment, and the results of the evaluation are
disclosed to the person concerned including teachers and participants36.
Depending on the related regulations, INPIT will set examinations or stipulate
the submission of reports37.
As the results of evaluation, INPIT sometimes grants certificate, such as on the
training courses designated by law, in which achieving the prescribed
conditions(attendance situation, examination results, etc) is the compulsory
condition for completing the course and get the certificate. The training
courses designated by law are courses stipulated in law for acquiring the
knowledge and abilities required in order to appropriately to conduct the duties
of specific jobs, such as patent examiner and trial examiner38.
To the trainees from outside of JPO, INPIT has conducted the courses for
cultivating personnel who can carry out patent and trademark investigations,
the completion of this course is required for the trainees who will be involved in
34 The information from response of questionnaires to INPIT 35 The information from interview with INPIT, Feb, 23, 2009 36 The evaluation form provided by INPIT. 37 The information from interview with INPIT, Feb.23, 2009 38 The information from response of questionnaires to INPIT
29
investigations in registered investigation legal entities39.
2.7 LONG-DISTANCE TRAINING
INPIT provides long-distance correspondence language courses for
employees of the Japan Patent Office. Till now, INPIT hasn’t conduct any
long-distance correspondence courses for external personnel, however, INPIT
has provided e-learning, although the e-learning is not long-distance
correspondence course, which means the e-learning courses opened to the
public are independent40.
In the meantime, some large-scale corporations in Japan, who usually hire
more than 250 IP staffs, also launch the long-distance training inside. The
courses of such trainings are focusing on the IP basic knowledge, IP
acquisition procedure, and technology description conference, basic
knowledge about patent searching, relation between internet and IP etc41. The
e-learning courses have common characteristic that the contents are relatively
basic and rarely changed.
2.8 training network
As to the training network, it means the integration of all kinds of resources
including teachers, textbook, partners, courses etc in broad sense, however,
here only indicate the integration of partners.
INPIT has taken use of the local patent offices as the partner in each
prefecture when organizing the training seminars in local area. The local
39 The information from response of questionnaires to INPIT 40 The information from response of questionnaires to INPIT 41 The information is from interviews with Japanese corporations, such as Canon, Fujitsu, and Toyota etc.
30
patent offices are under the leadership of the branch offices of METI. 42
JIII has established many branches in local area. In the meantime, lots of
invention clubs are established all over the country.43 It seems that JIII doesn’t
have many cooperation partners during the implementation of program,
however; actually, just taken the invention contest organized by JIII for
example, METI, the ministry of education, JPO, NHK, newspapers, schools
and law firms etc. have all given their support to different extent44, which has
shown a strong network. The impressive information is that the honorary
president is from the royalty, which may be the reason for the abovementioned
phenomena.45
3....SITUATION OF IP TRAINING IN CHINA
3.1 THE GENERAL SITUATION
In 2008, Chinese government has officially issued “National Intellectual
Property Strategy”. Article 59 to 62 is relative to the development of IP human
resources, it goes as follows:
Establish an interdepartmental coordination mechanism and make overall
plans for the development of intellectual property human resources.
Establishment of national and provincial intellectual property expert databases
and professional information networks needs to be accelerated.
Set up several national education bases to train intellectual property
professionals. The training of senior intellectual property tutors needs to be
accelerated. A sub-discipline program on intellectual property should be set up
and the higher education institutions which meet the requirements are 42 Interview with INPIT, Feb. 23, 2009 43 Interview with JIII, Feb.16, 2009 44 The interview with JIII, Feb.16, 2009 45 JIII pamphlet
31
supported to establish programs for conferring intellectual property master’s
and doctor’s degrees. Large-scale training programs need to be organized to
train all types of intellectual property professionals, focusing on training of
urgently needed management personnel and personnel to provide
intermediary services involving intellectual property.
Work out training plans to provide comprehensive training on intellectual
property to Party and government leaders, civil servants, managers of
enterprises and institutions, technical and professional staff, writers and artists,
and teachers.
Improve relevant systems for attracting, exploiting and managing intellectual
property professionals, improve the human resources structure and encourage
reasonable mobility of personnel. In view of the implementation of the Civil
Servant Law, we need to improve the civil servant administration system in
intellectual property administration departments. A professional and technical
assessment system for intellectual property professionals needs to be
established in accordance with the overall requirements of the reform to the
professional titles system of the State46.
In present, besides China Intellectual Property Training Center (CIPTC, the
unique state training base for IP professionals directly initiated by China’s
government), there also are many other departments and organizations who
are undertaking IP training affairs. Such as Personnel and Education
Department in CPO (China Patent Office), SIPO which is in charge of trainings
for patent examiners47.
IP training has been greatly developed in recent years. As the times goes on,
46 National Intellectual Property Strategy Website: http://www.nipso.cn/. 47 The SIPO website, www.sipo.gov.cn
32
now a more structural and scientific training system is taking shape.
3.2 IP TRAINING ORGANIZED BY CIPTC
CIPTC is a state training base for IP professionals directly initiated by China’s
government under SIPO (China State Intellectual Property Office)48.
There are 4 divisions in CIPTC, which respectively are,
Education Division 1, which is in charge of face-to-face national and
international training as well as IP training research,
Education Division 2, which is in charge of long distance IP training,
General Office, which is in charge of paper and personnel affairs,
Management Division, which is in charge of maintenance and running of the
building complex and reception of visitors.
In recent years, the amount of trainees and seminars has experienced rapid
growth.
0
5000
10000
15000
20000
25000
30000
2001
2002
2003
2004
2005
2006
2007
2008
Amount of
Trainees
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
In the same time the seminars organized is also increasing rapidly.
The amount of Training has increased very fast.
48 The CIPTC website, www.ciptc.org.cn,
33
Amount of Seminars
0
10
20
30
40
50
60
70
80
90
2001
2002
2003
2004
2005
2006
2007
2008
Amount of
Seminars
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
From the data, we can make several rough intuitions.
(1) The requirements for the IP training are highly increased, which means
the social IP awareness has been improved a lot.
(2) we can see that in comparison with year 2007, the amount of seminar in
2008 generally keep stable about 80, however the amount of trainees
has highly increased, which directly means that for each seminar, we
are getting more and more participants, which can partly contribute to
the issue of NIPS.
(3) The amount of seminars in 2008 nearly keeps stable as the amount in
previous year. In other words, we can’t keep the expanding trend for
ever, for we have limitations from budget, personnel resources etc. It
may mean that a stronger network needs to be developed which
integrates various resources such as universities, local IP offices,
schools, teachers, etc to achieve greater influence.
CIPTC has very wide range of training programs.
34
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
The classification is very helpful for setting up a pertinent training program for
each field, and based on the classification, the ideal model for the talents in
each field may be developed. Firstly, courses always include various IP theme
group, such as IP application, IP litigation, patent analysis, patent license etc,
so during establishing the ideal model, we can expect particular knowledge
structure through the delicate combination and adjustment of different themes.
Secondly, same theme usually shows different expression in each model
because of the different focus or requirements for each field, such as in the
course of the third revision of patent law, the emphasized content for IP firm
and enterprise must be different. In general, the classification has provided the
strong basis for the IP training or further education research.
Here below shows the training program distribution in each field in 2007.
amount of seminars in 2007 patent examiner
IP agents
enterprise
government official
LLM
adminstrative
department of IPjudge
students
long distance training
Students
Long-distance
training
IP research
roundtable
Judge
Administrative
official of IP
Government
official
IP agents
Patent
examiner
CIPTC
35
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
Because of the close relationship between IP and industry, so we have paid
more attention to the enterprise. Government official and IP agents are also
emphasized.
Interestingly, the distribution of trainees for each field takes on similar look
except long-distance training.
amount of trainees in 2007 patent examiner
IP agents
enterprise
government official
LLM
adminstrative
department of IPjudge
students
long distance training
The data sources the statistics calculated and gathered by the author, CIPTC, 2001-2008.
In the amount of trainees, firstly we can see the training amount of
long-distance training greatly exceeds other fields, which shows the
convenience and popularization of internet among the possible IP trainees and
great function in improving public awareness on IP. Secondly, regardless of
the difference of each field, for each training seminar, there shows a similar
amount of trainees, which can partly reflect that the amount for each training
program may be set up properly to meet with the requirements of each field.
CIPTC also compiled a series of textbooks called China Textbooks of
Intellectual Property, which includes Basic Knowledge on IP Laws, IP Litigation,
International IPR Protection, IP Protection on Digital Technology, Patent
Agents, Anti-unfair Competition, etc49.
49 CIPTC pamphlet “Brief introduction of CIPTC”, page 2.
36
3.3 IP TRAINING ORGANIZED BY LOCAL IP OFFICES
3.3.1 LOCAL IP OFFICE IN EAST CHINA
In China, local IP offices also organize training seminars within their authority.
As we know, Chinese east, middle and west areas now are in different
developing stages. So IP trainings in different region take on different look. As
the economy in the east has been developed to an extent, so it’s possible to
highly integrate the market and society resources including the capital and
talents from various source, and with good investment environment and
emerging knowledge economy, foreign funds may also introduced.
.
The data source from, Shanghai IP office website: http://www.sipa.gov.cn/ , Shanghai IP
strategy
The local IP offices have attached great importance in cultivating the talents
with practical skills which can deal with IP deputy, IP evaluation, IP trade, IP
consultation, IP litigation and IP searching etc. The ideal model of talents
should better have background of engineering,science or law background, in
the meantime, should better master 1 or more foreign language, and be
familiar with international regulations50.
3.3.2 LOCAL IP OFFICE in MIDDLE CHINA
50 Shanghai IP office website: http://www.sipa.gov.cn/ Shanghai IP strategy.
Governme
nt support
Foreign
funds
Social
resources
Market
capital
Local IP
Offices
37
The local office has organized training programs for government official, IP
administrative official, university, research institute.
program distrubution
0%
20%
40%
60%
80%
100%
2001-2005
2006-2010
year
percentage
IPprofessionals
officials
enterprise
The data sources from IP working plan, 2005-2010 in Hubei province, page 1-2, 5-6
In fact, the amount of training program for enterprises has kept stable in
2006-2010. In the meantime, the amount of training for IP professionals and
officials has been improved a lot.
The local office has attached great importance of IP training for enterprise and
professionals. In the meantime, from the figure, training programs for officials
may have the greatest increase, and it is deduced that the key issue in middle
China during the implementation of IP training strategy is still to improve the
awareness of related officials in all levels. The strategy is a little fit to the
country’s present situation, for the awareness of officials directly decides the
district policy and in practical, the behavior of enterprise will be highly affected
by the measures taken by government such as financial, tax encouragement
policies. In another aspect, there exists a R&D trap, which means the
unprecedented risk may ruin the future business of enterprise. The cost of
R&D or the future returns of R&D are usually concerned by the corporations
who are successful through past business model. Although the corporation
with strong technology ability and high-qualified IP has been proved more
successful, the risks need to be reduced by the support from government to
38
enhance the transition of development modality. So it is still very important to
provide IP training for officials in most regions in China.
3.4 IP TRAINING ORGANIZED FOR YOUNGSTERS
Now, china doesn’t have nationwide IP training program for youngsters, except
that CIPTC organizes the IP training program for the teachers in primary and
high school.
However, many districts have conducted IP training for youngsters in various
methods.
Data sources the website of local IP offices in China, by doing searching with the keyword
“IP training” and “students”.
Chinese Guangdong province has conducted strong IP training program for
the students in primary and junior school. The IP courses has been listed in the
routine courses, and specific textbook has been compiled including trademark,
copyright and patent for the students in different grades51.
Now the training for the youngsters is mainly on the dissemination of IP
knowledge, such as what is IP, what is copyright, trademark, patent etc.52
51 Information is from the interview with Local IP offices; Fu Shan city, Guangdong Province. Year 2007. 52 Information is from www.baidu.com, by the keywords “IP training, children or students, or IP activities.”
Contests Pamphlets
Seminars
METHOD
S
39
In practice, there existing many problems in the IP training for youngsters,
such as lack of financial support, lack of stability for the program, lack of
comprehensive nationwide plan. However, such trainings are essential to the
cultivation of IP culture, and new generation with innovative spirit will greatly
upgrade country’s innovation level. And the implementation of the program
can’t rely on the private institute because of no benefit. The government should
better take the responsibility to organized program for public interests and
provide long-term, stable financial guarantee and a platform to integrate all
kinds of resources including local IP offices, schools, inventors, teachers,
support from foreign counterpart etc.
4. DETAILED INFORMATION
4.1 CURRICULUM SETUP
In Chinese official IP training institutes (not including universities), during the
curriculum setup, 3 aspects have been considered, firstly, the field of
participants, secondly the level of participants, and thirdly the possible training
modules for each level in different fields.
The diagram has shown the basic flowchart of the curriculum setup.
Customer analysis
Specify the
purpose of each
course
Tracking the
trainees and
evaluation
Build up the logic
structure
of courses
Implementation the
training program
40
In actually, the possible trainees in China have been roughly classified into 6
groups consisting of trainees from IP administrative department, other
governments department except IP offices, enterprise, IP firm, judicial system
and education system(teachers and students). This classification is the
necessary preparation for providing related IP courses.
Even in same group, different persons may have different levels, so it is also
necessary to classify the courses for one group into different levels. Now, the
trainees in one group usually are divided into 3 levels, the advanced talents,
specialist in one filed of IP, and freshman.
Thirdly, for IP professionals of any kinds of fields (not including the training for
public), it’s better for us to provide the systematic training for one specific topic
to strengthen their understanding and improving there practical skills, like the
theme of IP litigation, IP management in enterprise, patent searching and
mapping etc. Now, the list of specific theme is but not limited to,
The name of themes Courses included
Patent litigation The judgment standards for infringement
American, Japan and Europe litigation
The skills of respondents in litigation
Chinese IP juridical protection
Evidence regulation in IP litigation
IP abuse etc.
IP marketing IP industrialization
License contract
Negotiation skills
Patent evaluation
Patent pledges
IP license trading etc.
41
IP application Patent and trademark application procedure
Patent and trademark examination
PCT application
The drafting of claims
The drafting of statement
The drafting of reply to OA
The drafting of application files in electricity and
mechanic field etc.
IP management Patent map
Patent exploration and defense
Patent strategy
Patent management system in enterprises
The breakthrough of IP barrier etc.
IP documentation and
analysis
Patent searching
Patent analysis of competitors
Patent analysis of suppliers
The SWOT analysis of patents etc.
IP laws and regulations Chinese patent, trademark, copyright, and
anti-unfair competition laws
American IP law
Japanese IP law
European IP law
Jurisdiction interpretation of the Supreme Court
International treaties and agreements etc.
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
Here, the detailed curriculums of copyright or other IP subjects except patent
are not listed. Then, we will see the curriculums in Chinese universities.
The name of themes Courses included
42
IP law and regulations
IP laws
Trips
IP law related to art and literature
IP litigation
Case study
IP protection
IP protection for the software database
IP protection system
IP application
The drafting of patent application files
Patent deputy
IP management
IP evaluation
Patent strategy
IP management
The data sources, investigation report on IP education and talents cultivating in
universities, author: IP academy, shanghai university.
The courses statistic of universities is gathered from 31 universities directly
belong to the Ministry of Education in China. Actually, most of the universities
have set up the courses on the IP laws and regulations, and a few universities
have set up the courses about the IP management, application or deputy.
So, from the curriculum comparison between the training institute and
universities, we can clear see that now training institute in china is more
considering practical skills in IP, in the meantime, universities care more about
the IP theory and related laws.
In other words, universities have played a fundamental role in setting up the
structural knowledge for the students and researching in IP theory and
institutes may provide some substantive skills in dealing with some concrete IP
affairs.
43
4.2 TEACHER DATABASE
In the institutes, most of the teachers are part-time teachers. The teachers are
respectively from IP offices, other ministries related to IP, IP research institutes,
enterprises, universities, juridical system, IP firm and overseas etc53.
The teachers all are the specialist in their field. So it provides a possibility that
the institutes can focus on the IP practical affairs.
During the setup of teachers database, some key factors have been
concerned, including the field the teachers are good at, the teaching
experience, possible teaching field which can be expanded in future for the
teacher, the evaluation results of the teacher etc.54
The data sources the statistics gathered by the author, CIPTC, 2001-2008.
The figure has shown that the institute in China has teachers from many
sources, the officials in IP offices and related ministries have taken the biggest
part in the teacher composition. In the meantime, the teachers from
enterprises are rarely in total because of 2 possible reasons,
(1) Most of enterprises in China haven’t accumulated intensified awareness or
practical skills on IP.
(2) Some of enterprises in China are good at using IP, however they won’t 53 Data source from the curriculum pamphlet published by CIPTC in 2007. 54 The database is set up and managed by author since January 2008.
DISTRIBUTION OF PART-TIME TEACHERS
IP offices
Other ministries
Universities
Enterprise
Research institutes
IP firms
Juridical system
Overseas
44
teach others because of trade secret.
In the 31 universities, there are 148 full-time teachers and 61 part-time
teachers, in which 15 universities own part-time teachers.
\
The data sources, investigation report on IP education and talents cultivating in
universities, author: IP academy, shanghai university.
part-time teachers source distribution
IP adminstrative
office
judicial department
enterprise and
intermeditary
organization
others
The data sources, investigation report on IP education and talents cultivating in
universities, author: IP academy, shanghai university.
So the majority of the teachers in universities are full-time teachers, they are
usually more focusing on the researching of IP theory or law.
4.3 TRAINING METHOD
4.3.1 FACE TO FACE TRAINING
Face to face training is used in most of training programs in China. Now, firstly
IP knowledge, especially basic knowledge, which includes the function,
full-time teachers distribution in different
education method
compulsory course
alternative course
seminar
45
principal, article of related law of IP, may be more clearly apprehended by the
training methods. Secondly, Face to face training is very important to help the
trainees to build up a systematic structure about IP. Thirdly, other training
methods may arise high-qualified requirements to teachers, because of the
questions given by the trainees usually exceed the scope of the courses and is
difficult to control during the teaching process. Fourthly traditional training
method usually can bring sense of belonging to the participants. So in china, it
is reasonable to stick to the method in most of the programs. Meanwhile,
interactive characteristic are need to be more emphasized, such as discussion,
participant’s report etc.
Before a face to face training program, the teachers will receive requirements
about the courses, and make a power point in advance. During the courses,
the teachers will make speech with the power point, and usually the course will
last for 3 hours, and at the end of the courses, 10 minutes will be left to
trainees to ask some questions.
4.3.2 TRAINING ON THE SPOT
The methods of training on the spot usually include the visit to SIPO or other IP
administrative departments, IP firm, IP department in enterprise, and courts etc,
also include the practice of IP searching or drafting of IP application files etc.
Training on the spot is usually a helpful complement to face-to-face training, for
IP in general is a very practical theme. Ordinarily, the receiver usually will
arrange the dialogue period or a small-scaled seminar for the visitors. The
questionnaires are also usually prepared in advance.
The visit to SIPO usually concerns patent preliminary and substantive
examination procedure, patent documentation, and so on. Before the visit, the
concerned topics sometimes are not needed, for the objective of such visiting
46
is usually obvious, and an official will be assigned to interpret the working
procedure. The visit to IP firm and IP department in enterprise usually need a
questionnaires or a tough list of topics concerned by visitors. The visit to court
usually refers to auditing a court trial, so pre-confirmation and selecting of
cases are always considered.
The practice of IP searching and drafting of IP application files are usually after
a series of courses interpreting the theory or skills of related content. This kind
of practice is usually used to strengthen the understanding of trainees, and
helping the trainees to get some practical experiences.
4.3.3 CASE STUDY
There are at least 2 ways of case studies used in Chinese IP training practice.
First ways is role-play method,in which every trainees will choose a role in
advance, such as plaintiff, defendant ,lawyer and judge or juror. The role play
usually arise great interests from participants, because it will bring the sense of
responsibility, and participants will not just be a negative receiver, but also an
active explorer. However, during the process, it is better to have teachers to
assist the participants when needed.
The second way is problem-solving method. Different from traditional IP
training, the teachers are not rather expected to just make presentations on the
knowledge or solutions, however, only to provide a case material in IP field,
guide the participants to give the solving method by themselves, and at last
make evaluations. During the education procedure, participants are usually
divided into several groups.
The advantages of case-study training are very obvious:
(1) The participants will be more positive.
(2) It will greatly improve the problem-solving skills of trainees.
47
(3) It will strengthen the understanding of the knowledge, and the participants
will find the defects of their IP knowledge structure more easily.
(4) It will reflect and take use of the participants’ past experience.
(5) It will strengthen the communication and cooperation among the
participants, so they can learn from each other and greatly broaden their
vision.
However, case study is not widely used in IP training practice because of many
limitations. Firstly, for the case study, proper case material for discuss is not
easy to be prepared, in which “proper” means for the case, there must exist
possibility of various feasible solutions, and solutions are expected to take use
of the past experience and newly-learned knowledge of participants. Secondly,
the case study needs high-quality teachers with comprehensive knowledge
and practical skills because the discussion usually exceeds beyond the preset
objective of seminar and there exist several of unexpected situation during the
Q&A, and teachers should have the ability to guide the participants and
monitor the process of seminar. Thirdly, the participants also need to have a
good structure of IP knowledge to be able to attend discuss.
4.3.4 The RELATIONSHIP BETWEEN ROUTINE AND LONG-DISTANCE
TRAINING
As mentioned above, the IP training institute in China has routine training and
long-distance training as well.
Since the establishment of the long-distance learning program in 2002, 6
courses have been opened – Basic Knowledge on IP, Patent Documentation
and Searching, Copyright, Anti-unfair Competition, Practice of Patent Agents,
International IPR Protection. 10 sessions were open and 17,848 persons
studied IP through long-distance education. Besides, 12 sessions of WIPO
48
DL101 Course were open with over 5,000 students.55
Based on the practical experience, the advantages of long-distance training
are as follows,
(1) No limitation on time, and place
(2) High flexible courses
(3) Low marginal cost
(4) The trainees can control the studying process very easily, and they can
repeat studying some chapter for many times.
(5) Combined with digital library and online information service, more learning
material can be provided as a supplement.
(6) Easy to track the trainees in the internet.
The disadvantages of long-distance training are as follows,
(1) Related devices are needed
(2) The learning processes are easy to be interrupted.
(3) It’s uneasy for somebody to communicate through information technology
(4) Lack of sense of belonging
(5) Difficulty in mutual communication between teacher and students
(6) The manager of the program should master the training modules.
“Sense of belonging” and “good communication environment” may be the key
importance for face-to-face training. However, long-distance training is lack of
such characteristic. In other hand, long-distance training may be widely used
for public dissemination, for it has born advantage to spread knowledge
rapidly.
4.4 Evaluation
The evaluation in China refers to education contents, education method,
55 CIPTC pamphlet “Brief introduction of CIPTC”, page 2.
49
education devices, and program management etc. However, there is no
particular evaluation system on teachers, but we take use of the response from
course participants as a reference material.
The evaluation can be also done by the general statistics, such as the amount,
the composition of participants, total time of the program, and the opinion on
further improvement from participants etc. Furthermore, for a complete or new
program, the summary report is always provided.
4.5 training network
As to the Chinese institutes, the training network is a little like the situation of
INPIT. Usually, the training program held in local place usually needs the
assistance with local IP offices; however, the network now still seems loose.
Another kind of cooperation is the cooperation between different departments
in SIPO. Just like the cooperation between CIPTC and Documentation
department on the training program about patent searching, or the cooperation
between CIPTC and Chinese patent attorney association on the training
program about patent deputy etc.
5. GENERAL COMPARISION BETWEEN CHINA AND JAPAN
In general, we have some similarities in IP training systems between China
and Japan. Firstly, we both emphasize the IP training and human resource
cultivating in our national policy. Both sides recognized the great importance of
IP human resources in the whole IP circle.
50
In this circle, IP human resources have provided basic support to all aspects.
Secondly we both have paid more attention to raising the public awareness,
cultivating the IP professional and high-ranked talents as well. To rising up the
public awareness should be a long-term objective, for it will take time to
change the people’s idea and shape a new culture of respecting and
encouraging the innovation, and it is more realistic and urgent to cultivate IP
professionals in each field, like IP examination, IP deputy, IP litigation, IP
management, and IP marketing etc, and of course high-ranked talents are
crucial for the competiveness of the country’s industry.
Thirdly, in the training for the IP professionals, we both set up some specific
themes for different requirements, such as the training programs for examiners,
investigators, enterprises, etc. Then, for both sides, we all have set up plan to
make ideal model, especially for IP professionals in each field.
IP management
IP utilization IP protection
IP creation
Public awareness
IP professional
High-ranked
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Fourthly, both sides mainly use part-time teachers in institutes.
Fifthly, both sides set up annual plans, and during the implementation, the time
and place of the seminar sometimes will be adjusted according to actual
situation.
We also have many differences. Firstly, China’s IP training has more
characteristic of government’s behavior in general. The IP trainings are mainly
conducted by SIPO and its subordinate organization, or conducted by local IP
offices. However in Japan, except INPIT, IP trainings are mostly conducted by
independent associations with the member of enterprises, and law firms,
universities or other private institutes. Government is usually proved to have a
strong ability to integrate various social resources, especially in China; And
Japanese IP training entities are usually be thought more sensitive to the
needs of market. Considering the different background in both sides, IP
training should be insisted as the program for public interest and it is very
difficult for benefit-oriented institute to keep balance between income and
expense, so government should better proceed to play an important role in IP
training;
Secondly, the institutes in Japan are more specified in 1 or 2 fields. On the
contrary, the institutes in China have no obvious specified field. Usually, the
institutes will be responsible for IP training in each kind of IP field with various
topics. For example, in Japan, INPIT is more focusing on the training for JPO
officials with courses of IP examination and searching, JIPA is more focusing
on the training for the staff in enterprise and law firm with the courses of IP
management, JPAA is focusing on the training for the IP agent, and IPEA is
responsible to organize the exam to test the ability of IP practical skills. On the
contrary, Chinese institute seems more comprehensive. Combined with the
specific fields and close relationship with enterprise or IP firm etc, it is deduced
52
that the Japanese institute may have a high sensitiveness.
Thirdly, training institutes in Japan pay more attention to the evaluation of
students and teachers. Such as, in Japan, the evaluation on participants is
highly considered like self-introduction, self-evaluation after study, report etc.
And the evaluation will be done to every course in the program, which can
provide more clear reference to the teacher evaluation. In the meantime, the
evaluation in China more emphasizes the evaluation of overall effect.
Fourthly, the enterprises in Japan, especially large enterprise, usually have
their own IP department and IP training system, however, most of Chinese
companies seems still are lack of such ability..
Fifthly, in China, the needs for IP training among the different regions show
high discrepancy. So when setup nationwide training plan, the issue about
development level, basic structure of economy, the situation of public IP
awareness in the region, such as awareness of officials, enterprises,
consumers etc and the IP recognition and utilization level should be
scrupulous considered. However in Japan, the discrepancy in different
regions seems not obvious.
53
CHPATER TWO
PURPOSE AND HYPOTHESIS
1. DETAILED COMPARISON
1.1 TRAINING METHOD
During the comparison of training method, firstly the training methods taken by
both sides are largely same, such as face-to-face training, training on the spot
etc. So the biggest difference lies on the usage of the training method.
Generally speaking, the Japanese style takes on a more flexible image.
For example, in practice, the seminar in Japan sometimes takes the form of
combination of face-to-face training and case study. In the beginning some
material about IP management or IP litigation case may be given to the
participants, after about 2 weeks face-to-face training, the discussion in the
final day may focus on the respective solution given by each person or group,
which strengthen the understanding on knowledge of participants through the
utilization.
In Japan, in most seminars, discussion and other kinds of communication
methods are highly emphasized, such as the participants usually need to make
a report about his or his country’s situation, or make a report on what he has
learnt from the seminar.
1.2 CURRICULUM
The curriculum setup in both sides seems to be similar. They both have
54
courses in different levels, and related programs for each fields.
IP training institutes in China usually have more widely source of trainees, just
like government official, students, IP agent, the leaders of state-owned
enterprises etc. However, the institutes in Japan usually focus on 1 or 2 fields.
The difference also existed on the curriculum setup procedure. Such as INPIT,
most of their staffs used to be patent examiners, so it is relatively easier for
them to know the requirements for related training, from the introduction
above-mentioned, the training in INPIT are mainly related to patent
examination and searching. And Such as JIPA, most of their staffs are from the
enterprises or law firms. In the meantime, JIPA itself is the association of
enterprises with financial assistance of law firms, so they also may know
clearly the requirements of possible trainees.
Then, institutes in both sides take use of different procedure during curriculum
setup. In the institute, all kinds of training for each field may be considered
systematically. In the meantime, the staffs in the institute have a strong ability
in organization and management of training programs, but not usually have the
background of IP knowledge. This modality, in comparison with Japanese style,
will be proved more effective in some way, because, firstly, education
resources can be well integrated, like partners, teachers, devices etc,
especially for the current situation that the training resources is not enough.
Secondly, the general curriculum may be considered in total more logically etc.
In other words, the institutes will also face some problems in the investigation
of real requirements. For firstly, the institute is founded by government, so it
may exist a distance to be sensitive enough to the social needs especially the
needs from industry, Secondly, the staffs in institute usually don’t have
background of IP, so it has added more difficulty during the evaluation of the
55
courses. So it is more urgent for Chinese institute to establish more effective
evaluation system or investigation and research group to give strong support.
Alternatively, such investigation and research group also can be outsourced.
1.3 TEACHERS
In both sides, the teachers are mainly part-time teachers.
There are also some differences. Firstly, the sources of Japanese teachers are
more concentrated on IP practical fields. Chinese teacher composition, in
comparison with Japanese, seems more versatile, such as in China, there are
many teachers from research institute and judicial branches.
Secondly, in Japan, the IP litigation or related courses are mainly taught by IP
agents, who usually have 10 years more experience in the field. Meanwhile in
China, such kind of course is usually provided by judges.
Thirdly, in China, the percentage of teachers from universities is much bigger
than Japanese, and interestingly, a great number of teachers dealing with IP
education in Japanese universities used to work in JPO or IP department in
enterprise, which means Japan, may have more tendencies to provide IP
training about practical affairs. For instance, like TIT, all professors have the
long-term working experience in JPO or IP department of enterprise.
1.4 IP TRAINING FOR YOUNGSTERS
In both sides, the IP training for youngsters has been provided and
emphasized. Meanwhile, the methods taken are also similar, like seminars,
some training program for the teachers in primary and junior school, pamphlets,
contest etc.
56
And it is proved difficult to introduce the IP training into the routine courses.
The Education Ministries in both sides don’t advocate the suggestion till now.
Interestingly, it is deduced that JIII has well organized the various resources,
and in the meantime, kept a high-ranked independence.
There are a little more differences between 2 sides. Firstly, in Japan, JPO has
done some efforts on youngsters training through INPIT by distributing some
materials to the school or holding some seminars. In China, there is no official
material has been particularly edited for the youngsters nationwide.
Secondly, the IP training for youngsters in Japan has been a nationwide
activities contributing to JIII with the assignment from METI. JIII has set up
many clubs in almost all districts in Japan to launch the innovation education.
And in China, such activities seem more scattered and not systematic.
Thirdly, the organizer of such training in China is usually conducted by local IP
offices, and if the training takes the form of routine courses, then the support
from education administrative department should be provided like Guangdong
province. In Japan, such as a few private universities, they may do the training
without the cooperation of education administrative department. However, it is
only the exception rather than the rule.
The focus is a little different. As now, Chinese IP training for youngsters is
more focus on the IP definition or protection, and Japanese takes on various
look, such as JIII’s innovation club which focus on the cultivation of innovation
spirits, JIII’s seminars which also focus on the IP law, and some High school’s
which focus on the recognition of counterfeited goods and IP function on
business.
57
1.5 Training network
JIII has shown a strong training network as abovementioned, which may be
exceptional among the Japanese institutes. In general, Chinese institute has
shown a similar situation as in INPIT. Both sides have the support from the
branches of patent offices; however, the network both seems not very stable,
such as for both sides, the training programs in local area are usually changed,
such as time, place, plan etc.
2. The characteristic analysis of IP training institutes
2.1 The common characteristic with general legal entities
From the above description, we can see clearly that Japanese institutes
usually have a clear location of function. Such as INPIT, their core
competiveness is the program on IP search and examination, in the meantime,
the teachers are always from JPO, and they also take use of the local IP
offices as outside partners. JIPA mainly focuses on the IP management in
enterprise, for it is mainly consisted of enterprise members, so to serve the
members for common benefit is its location. As to CIPTC, the responsibility is
to training the IP professionals and promoting the public awareness nationwide,
so it is required to provide various training programs for different possible
trainees.
Japanese institutes, especially INPIT and JIII, seem have good integration
ability and strong training network. As to INPIT, he has established good
cooperation relationship with local IP offices. JIII seems have stronger
integration ability, especially in the IP training program for the youngsters.
Chinese institutes also seek the cooperation mainly from local offices, as the
location abovementioned, China institutes may be thought have strong
potential to establish more wide training network.
58
Both sides makes training plan annually and do evaluation and investigation in
some extent.
Both sides emphasized on the quality requirements of staffs.
As we know, organizations usually concern 3 aspects, the strategy which
emphasize on the analysis of core competiveness and self-location;
implementation, to implement the strategy effectively (including the group
building) and influence, especially for the corporations who care more social
benefits. So we can see for the institutes, from the above comparison, strategy,
implementation and influence are also important issue.
So, as to the IP training institutes, based on the above comparison and
description, the clear location, strong integration thereof wide training network,
the flexibility and high implementation ability can be thought as key factors.
2.2 The common characteristic with general education institutes
The factors to measure general education institutes are usually the curriculum,
the teachers, and the education evaluation and research ability. So we can see
from the comparison that these factors also play an important role in the
measuring of IP training institutes. For both sides have specified courses and
made evaluations to the teachers in various ways.
2.3 The particular characteristic of IP training institutes
Each institute has set up specified courses which indicate the specialty of IP
training.
Each institute has more focused on the practical skills not only the research of
IP theory which indicates the practicality of IP training.
59
As abovementioned, IP refers to many fields such as law, economy, society,
technology etc. So IP training also have a particular cross-disciplinary
characteristic.
As IP has close relation with different fields, so it will usually change with
different factors, such as government policy, economic development level or
latest trend of international IP situation etc. So flexibility should be more
emphasized.
3. KPI, SWOT ANALYSIS AND HYPOTHESIS
3.1 KPI FOR MEASURING IP TRAINING INSTITUTES
According to the comparison and the analysis on characteristic
abovementioned, in the measuring of IP training institutes, there are 3
important indexes concerned. The first one is strategy index, the second one is
influence index, and the third one is implementation index.
Here given the definition of 3 indexes,
The strategy index in the context is explained as the utilization of resources
possessed by IP training institutes to develop the particular core competency.
The core competency can’t be imitated or replaced by the competitors. Then
the concrete procedure to establish the core competency is 1) locating 2)
options 3) balance.
The influence index in the context is explained as the entire image in some
scale for some targets.
The implementation index in the context is explained as the implementation of
strategy to get anticipated effects.
60
The parameters which may affect the strategy index of IP training
institutes may include,
(1) The ability of requirements investigation for each fields in different
level and district
As to the ability, the relationship between the training and trainees should
better be established, such as some mechanism like effective investigation
(questionnaires or investigation on the spot), well-designed evaluation form for
all stages during the implementation of training program etc.
(2) the ability to start new program
This ability is highly connected with the ability of investigation. Furthermore, to
start a new program also need pre-preparation about corresponding teachers
etc.
(3) The integration ability
(4) The flexibility
(5) Sensitiveness to the policy environment of government
(6) Widely support from partners
For IP is a fast-changing field, the requirement for IP training also keeps
changing accordingly. To keep a high sensitive and adjustment ability is very
important. As to the ability, investigation or evaluation and support form partner
are crucial factor national and international.
The parameters which may affect influence index of IP training institutes
include,
(1) Variation of budget and training scale
As abovementioned, the IP training in China is mainly public business, so to
launch a long-term program, especially the program to raise the public
awareness, sufficient and stable financial support is very important, especially
the support to partners such as local IP offices. Furthermore, the expanding
budget and training scale of course symbolized the enlarging influence of IP
training institutes.
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(2) The acknowledging extent of the training program. (by the trainees)
(a) For the IP professionals (b) For the public
The acknowledgement can take many forms, such as the function of certificate
in industry, the reputation in IP field, or the well-know institute’s name among
the public, and the acknowledge extent of related employers.
(3) The function and investment of propaganda
As JII, during the invention contest activities among the children, NHK or
newspaper have been invited and propagation makes the activity well-known
to the public.
(4) Strong and effective training network
The network may include local IP offices, schools, universities, other ministries,
associations, media etc. The strong and effective training network will help the
institutes to enforce its influence in wide region and new field. As noted, it is
impossible to provide IP training national, for China is so large a country.
Furthermore, especially when launching a new program and entering into a
new field such as program for children, such kind of network is crucial factor.
(5) Widely-accepted textbook
These parameters in total will show the outer influence of the institutes. They
may provide outer standard to judge the situation and influence more precisely.
The parameters which may affect implementation index of IP training
institutes include,
(1) The qualification and further education of staff
Qualified staff will directly affect the implementation effects of the program. For
the staff will be responsible to analyze the statistics or feedback from
participants, and be responsible to make clear the logic relation among the
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courses, understanding of IP knowledge is important. Also for the booming
international exchanges, language ability also may be thought as important to
get more information and reference from foreign counterpart.
(2) The complete and systematic curriculum
The curriculum is the core competiveness for IP training institutes.
(3) The duty distribution way
Single management, group management or cooperation method with outside
partners should be decided for each program. Proper duty distribution will be
helpful to the implementation.
(4) Good evaluation system
This parameter is highly related to the flexibility and curriculum setup of the
institutes.
(5) Qualified teachers
The parameter will directly affect the effect of seminar. For the parameter, firstly,
evaluation system of teachers should better be established. Secondly, the
special budget or mechanism should be provided or established to explore
new qualified teachers. Thirdly, teacher database should better be set up and
well-managed.
(6) Good and mature organization procedure
Good and mature procedure will standardize the inner management and
reduce the management cost, also can ensure the uniformity or quality of
same program during the implementation.
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3.2 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN JAPAN
3.2.1 THE STRENGTH
The strength of Japanese IP training institutes are as follows,
Firstly, The staffs in IP training institutes in Japan mostly have related
background, or some organizations like JIPA itself is an association of the
enterprises, so they have a direct connection with the possible trainees, then
have an advantage in flexibility, which means they are more easily adjusting
their training plan according to the real needs. Meanwhile, the curriculum may
meet with the requirements of IP professionals in each field which means high
curriculum-setup ability. In general, the IP training in Japan are more inclined to
provide proper IP practical skills. Secondly, Japan has a mature official exam
system which greatly enhances the development of IP training, such as the
exam for examiners and appeal examiners, exam for patent&trademark
investigators, exam for IP agent, and exam for IP professionals organized by
IPEA. Thirdly, the training methods taken by the institutes are more flexible
because of good self-location with related background. Fourthly, the IP training
institutes has a mature evaluation and adjusting system.
3.2.2 THE WEAKNESS
The weakness of Japanese IP training institutes are as follows,
Firstly, there are 7 IP training legal entities in Japan. For each institute, they
have 1 or 2 specific fields. So it is will add many difficulties in coordination
among different institutes, and it may add difficulty to consider the curriculum
systematically, for each IP topics have their inherent relationship, such as the
requirements for IP agent also include the knowledge about IP examination
and IP management in enterprise. Secondly, the education resources also
have limitations for each institute, such as uniform textbook, co-shared
teachers, the complete tracking of the trainees etc. Thirdly, it’s very hard for the
64
training institutes to provide training for the government officials, especially the
IP related government except patent office. Fourthly, the private nature decides
that it may be more difficult for institutes to take use of public resources such
as administrative resources, so it will take more time or energy to set up the
training network in every district of the country.
However, there also is exceptional such as INPIT and JIII. INPIT has got strong
support from JPO, and can take use of the local IP offices to launch the training
program and establish the training network in some extent, and the training for
the government officials is also conducted. JIII also has got support (non-
financial) from administrative office, schools, enterprises and other institutes,
partly because the president of JIII is from Royal.
3.2.3 THE OPPORTUNITY
Firstly, Japan owns large number of invention patents. In 2003-2005, Japanese
government focused on the reform of organization setup, and strengthened the
cooperation between industry, academy and government. Since 2005,
Japanese policy more concern on uplifting the utilization efficiency of IP and
improve the international competiveness through IP exploration. Such as
Japanese patent strategy is now changing from “patent net” into “basic patent”
strategy. So there exist big needs in total for the cultivation of IP human
resource.
Secondly, Japan has large amount of overseas applications and international
market share. The IP marketing or license, technology transfer and investment
in foreign countries are highly encouraged by the government56, so it is
necessary to know about the IP system or related revision in other developed
countries or developing countries with booming economy and increasing
56 Ministry of Foreign Affairs of the People’s Republic of China
http://www.fmprc.gov.cn/chn/wjb/zzjg/yzs/gjlb/1281/1281x0/default.htm
65
market volume. So, it means large IP training needs in the future.
Thirdly, IP training institute in Japan has comparative advantage in more
specified curriculum and professional teachers in some field, such as IP
training for children.
Fourthly, based on political system, IP training institutes in Japan such as JIPA
always can exert influence on government’ policy. Fifthly, for the institutes
usually are delegate of industry or IP agency, they usually can reflect the real
needs to the government.
3.2.4 THE THREAT
For each institute, the threat may be the mal-function possibility of the
coordination mechanism, for maybe, some institutes would expect to expand
its activities scope.
Additionally, the economic crisis may last for a long time, and it will affect the
R&D investment of corporation, and then the budget of IP firm, IP department
in enterprises etc.
3.3 SWOT ANALYSIS ON IP TRAINING INSTITUTES IN CHINA
3.3.1 THE STRENGTH
The strength of IP training institute in China is as follows,
Firstly, because of strong support from related leaders and administrative
department, the IP training institute has a good development environment. By
the support, the institute has the chance to integrate the various education
resources, like teacher, human resources, and local education organizations,
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textbook, and diversified training policies in different region.
Secondly, the IP training institute has program for wide range of fields. So it is
possible to set up the training program systematically, which means the
inherent logic relation between the different fields and themes can be more
concerned or well-balanced. And under this organization, it is easier to
strengthen the communication between the IP talents in different fields.
Thirdly, the IP training institute has a more systematic curriculum, which
includes IP application, IP examination, IP litigation, IP management, IP
administrative protection etc in 1 institute. So it has provided possibility to
coordinate the focus of each seminar.
Fourthly, the IP training institute has a large scale in the amount of trainees,
which means the institute has owned good basis for further influence on IP
training field, also it can provide enough data for further analysis through the
tracking and evaluation.
Fifthly, the IP training institute has high-qualified part-time teachers.
3.3.2 THE WEAKNESS
The weakness of IP training institute in China is as follows,
Firstly, the training needs especially needs from enterprises are still under
developing.
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Most of enterprises in China now are mainly on or below the first
stage----increasing the quantity of IP, which means the awareness of the
enterprises is improved quickly recently partly contributing to the policy from
government. However, only a few of enterprises have arrived at the second
stage where IP quality is more concerned. Meanwhile few companies have got
to the third stage, where the company can make profit though the IP marketing
such as license, technology transfer and blocking the competitors etc. None of
the enterprises in China are in the stage 4 which can profit mainly on IP
marketing like IBM. The situation decides that IP training in China, the needs of
IP training from enterprise are versatile and generally staying in a primary and
intermediate level. Meanwhile, teachers who have long-term experience in IP
department of enterprise are rare etc.
Secondly, the traditional culture, especially Confucian, emphasizes on the
sharing and medians living attitude. Meanwhile, IP system needs a competition
and limited-monopoly social environment and a culture of respecting the
talents and innovation. So, there will be many difficulties to change the
traditional customs rooted in society.
Thirdly, the direct communication to the possible trainees, especially trainees
from enterprise should better be further developed.
1
2
3
4
Stage-4:IP-orient
ed company
Stage-3:IP profitable
aggressive
Stage-2: Focus on IP
quality defensive
Stage-1: Focus on IP
quantity
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Fourthly, the exam system in China is not complete yet. Now china has exam
for examiners, appeal examiners, and IP agent. But the exam for IP
department in enterprise has not been established, and no exam has been set
up to test the IP practical skills such as IP management in enterprise..
3.3.3 THE OPPORTUNITY
The opportunity of IP training institute is as follows,
Firstly, the domestic application of invention patent, utility model and industrial
design keep a rapid increase in recent 4 years.
0
50000
100000
150000
200000
250000
300000
350000
2005 2006 2007 2008
invention patent
utility model
industrial design
Data source from SIPO website: www.sipo.gov.cn
The application amount may not reflect patent quality, however it can reflect
the social awareness about IP has been improved a lot. So accordingly, the
total needs for the IP training will also increase.
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0
50000
100000
150000
200000
2005 2006 2007 2008
Statistics about invention patent
application(domestic)
domestic
application
foreign application
Occupation
application(domest
ic)
Non-occuapation
application(domest
ic)
Data source from SIPO website: www.sipo.gov.cn
From the figure, we can know that the domestic patent applications (only
invention patent) has increased much faster than foreign applications, so more
and more Chinese people have begun to take use of IP system.
The occupation application also increased much faster than Non-occupation
applications (domestic invention patent), so it can be deduced that the quality
of patent are highly improved. There is an example which can further prove the
positive changes in Chinese patent application, such as Hua Wei
Communication Corporation, in 2008; the amount of PCT application of the
corporation has occupied the 1st place in the world, which may reflect the
increasing patent quality in China.
Secondly, Chinese government has officially issued “National Intellectual
Property Strategy”, the strategy has put great emphasis on the cultivation of IP
human resources. And till year 2020, China has an objective of building up
“innovation-oriented countries”, which also need the support of strong human
resources.
Thirdly, in 2009, for the global economic crisis, China has laid more attention
70
on the domestic requirement, upgrading and transition of economy, then more
investment and financial support has been promised for the self-innovation, so
it will greatly enhance the IP utilization, which need great number of IP human
resources.
Fourthly, among the institutes or between the institutes or schools and local IP
offices etc., a strong IP training network may be established.
3.3.4 THE THREAT
Firstly, more and more institutes and social organization has participated in IP
training affairs. In one aspect, it will provide new challenge to present institute,
in another aspect, because the criterion of IP training has not been established,
so the field of IP training may be out of order.
Secondly, the country is too large for building up a precise feedback and
evaluation system, for the situation in different region is wholly different.
4. HYPOTHESIS
According to the general and detailed comparison, the hypothesis has been
put forward. The core competency of IP training institute includes 3 aspects:
the strategy ability, the implementation ability and the influence ability.
To improve the abovementioned abilities, an effective information-gathering
and evaluation mechanism should better be established.
To ensure the quality of IP training, we need a mature and systematic
curriculum consisted of various IP themes in different levels, and flexible
training methods may be taken.
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To strengthen the implementation ability, strong training network and staff
with IP background are needed. If the staff doesn’t have such background,
then special training for the staff is needed.
To improve the influence, the unified and widely-accepted textbook and
good public program will do great help.
As to Chinese institutes, the most advantageous resources possessed
may be the supreme status nationwide, which provide the basis to
integrate various resources.
5. METHODOLOGY
5.1 THE RESEARCH PROCESS
The research has experienced 8 stages:
(1) To gather information from all kinds of materials, and know about the
general situation of IP training in Japan, like JPO’s policy, 7 private training
institutes etc.
(2) After the first step, to conduct interviews with several organization or
institutes, to get more detailed information about IP training.
(3) To roughly get some KPI (key performance index) for a successful IP
training institute, and make a list of parameters which support each elements
of KPI.
(4) According the parameters used to support KPI, make questionnaires to get
the attitude from 100 SMEs.
(5) Comparison study between Japanese and Chinese Institute, and make the
SWOT analysis of the 2 sides.
(6) To give hypothesis according to the results of comparison.
(7) Check the hypothesis by the statistics results of questionnaires.
(8) To make conclusions and recommendations.
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5.2 THE RESEARCH METHODS
I have taken following methods on the research of my theme.
(1) Comparative study of the situation in China and Japan on IP training.
(2) Questionnaires have been sent to the 100 SMEs, and IP training institutes
in Japan, such as INPIT.
(3) Interviews with IP department in enterprise, IP firm, IP training institutes,
and high schools who has IP training courses.
(4) Visit the website of JPO, INPIT, JIII, APIC, JIPA, JPAA, IPEA etc.
(5) Documents such as annual report of JPO, brief introduction of INPIT, JIII,
APIC, JIPA, and some universities etc.
(6) Attending various kinds of seminars which refer to patent application,
examination, documentation, management, litigation, administration
and protection etc.
(7) According my working experience and apprehending of IP training.
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CHPATER THREE
INTERVIEWS AND ANALISIS
1. GENERAL SITUATION OF INTERVIEWS
1.1 INTERVIEW TO INPIT
Respondent’s Information
Full name: Shigeki Tsukuba
Position: Deputy Director, Human Resource Development Division
Company: National Center for Industrial Property Information and Training
I Questions about staffs
1. What’s the personnel composition of staff in your institute,
especially the background of the staff, such as bachelor of
education, examiner experience, or having the certificate of lawyer
and patent attorney or else?
The National Center for Industrial Property Information and Training
(hereafter referred to as INPIT) has a total of 101 employees (as of April
2008), who mostly have experience of working for the Japan Patent
Office. Of these, a number have experience as patent examiners.
2. Is there any further-study program for the staff in your institute
and systematic training program for the new-comers?
*No
II Questions about the curriculum
3. What’s the curriculum system in your institute such as classified
by trainees or classified by the IP topics (IP application, IP
management in enterprise, IP litigation, documentation, IP
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administrative management, IP relative law and regulation etc.), if
classified by trainees, please indicate me the classification of
trainee (IP officials, IP staff in enterprise etc.), or if classified by IP
topics, please indicate me the classification method. If possible,
can you provide me the curriculum database to me?
*Please refer to the attached document (list of planned courses) for
details of training courses for external personnel.
4. How does your institute develop and perfect the curriculum? is
there any special group in charge of and adjusting the curriculum,
if any, what is it? Is there any special procedure to evaluate and
adjust the curriculum? If any, what is it?
*There is no special department for this.
III Questions about the teachers
5. Does your institute have any statistics about the composition of
teachers, such as the amount of teachers from JPO, enterprise, IP
agencies, universities etc, and the age distribution of the teachers,
such as in 20-30 years old, how many teachers, 30-40 how many
teachers,40-50 how many teachers.
*None in particular.
6. Does your institute have any plan for the training of teachers(TOT),
which is to improve education skills of the teachers, and does your
institute have any plan to explore and cultivate young teachers, if
any, what is it?
*No.
7. Does your institute have any overseas teachers, is there any
system set up to provide financial support for exploring overseas
teachers and native teachers.
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*There are no overseas lecturers.
8. According to the classification of IP topics in your institute, how
many teachers in each IP topic.
*INPIT does not have any full-time lecturers. We request external
lecturers and Japan Patent Office staff for each particular course topic.
9. How does your institute evaluate the skills and level of teachers,
and is there any special evaluation form and index.
*There is no particular evaluation system, but we do use questionnaires
completed by course participants as a reference material.
10. When your institute starts a training program, is there any
requirements provided to teacher about the content of courses,
such as the tips of the course. If any, what is it?
* If necessary, we explain to the lecturer the content that we wish them
to explain in particular, from the perspective of the objectives of the
course and the division of labor with other course topics.
IV Questions about the evaluation
11. Is there any self-evaluation form for the participants of training
seminars, if any, what is it?
*Depending on the course, we conduct a five-stage evaluation of
around six items for each topic.
12. Is there any evaluation form for the teachers, if any, what is it?
*There is no particular evaluation form. (Please also refer to the
response to question 10 above.)
13. Is there any examination or other evaluation methods for the
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participants?
*Depending on the course, we set examinations or stipulate the
submission of reports.
14. Is there any certificate for the participants, and whether the
granting of certificates is based on the results of evaluation or
examination?
*On training courses designated by law, achieving the prescribed
completion conditions (attendance situation, examination results, etc.)
is the compulsory condition for completing the course.
Note: Training courses designated by law are courses stipulated in law
for acquiring the knowledge and abilities required in order appropriately
to conduct the duties of specific jobs, such as patent examiner and trial
examiner.
15. Can you indicate me the influence of the certificate provided by
your institute, if any?
*With regard to the course for cultivating personnel who can carry out
investigations, which is one of the training courses for external
personnel, the completion of this course is required in order to become
involved in investigations for registered investigation bodies.
16. Do you have any database for the examination and how you adjust
and modify the questions in examination, any procedure, or any
consideration?
*No.
17. Will you inform your evaluation results to the teacher and
participant?
*The results of the evaluation are disclosed to the person concerned.
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V Questions about the budget of YOUR INSTITUTE
18. Who support the activities of your institute and amount of the
budget?
*INPIT receives a total of ¥14.2 billion from the Japan Patent Office (fiscal
2007).
19. How is the budget used in different training program in your
institute?
20. I know there are some program that the participant will pay some
fees, then how many fees should the participant pay for different
programs, and what is the consideration when deciding the amount of
the fees. Will your institute profit from such training programs.
*Please refer to the attached document (list of planned courses) for details.
With regard to the fees, the approach is that the actual cost of the training
course is born by the participant/participant’s employer.
VI Questions about the relationship of YOUR INSTITUTE with other
institutes
21. Please introduce the relation of your institute with other 6 training
institutes and the difference in role and function with other institutes.
Where’s the emphasis laid by 7 training institute respectively.
*At INPIT, as well as conducting training for employees of the Japan Patent
Office, we also conduct training courses to provide people from research
institutions and companies with the specialist knowledge and know-how of
patent examiners and trial examiners.
22. What is the relationship between headquarter and the local branch
of your institute.
*There are no local branches of the training division.
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VII Questions about the textbook
23. Is there any series books compiled by your institute used for IP
training, if any, can you inform me the name of these books.
24. How are these books compiled, such as how to confirm the
requirements of a new book compiled, and whether the books are only
the gatherings of power point or not, and how to coordinate with the
publishing house and the writer, and settle the problem of copyright,
and how to confirm what kinds of book should be compiled.
*(With regard to questions 24 and 25) The textbooks used for the lectures
are diverse, including those that have been created by INPIT (such as the
textbook used for training search experts) and those that have been created
for the lecture by the lecturers themselves. With regard to the textbooks
used for training the younger generation, please refer to the response to
question 35 below.
VIII Questions about the organizing method or procedure of training
program.
25.Is there any regulated working procedure for organizing a training
seminar, if any, what is it(such as, 1)calculate the budget
needed,2)send the noticement,3)confirmed the content of
courses,4)confirmed teacher 5)recruit the participant etc.). If there is
any pamphlet interpreting the procedure, may I get it for reference?
26. Have your institute made a uniform power point in format and
unified content for each IP topics. If you have made it, what is your
consideration about it.
*There is no particular determined format.
27.There are many training methods like face-to-face training, training
on the spot, case study etc, what kind of courses are given by the way
of on the spot or the way of case study.
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*With regard to training courses for external personnel, please refer to the
training method column of the attached document (list of planned courses).
28. Is there any other training method used in your institute? How is it
used in the training program?
29. Have your institute developed any training theories, if any, what are
they?
*There are no training methods that have been adopted or training theories
that have been developed.
IVV Questions about the Long-distance training
30. What is the course of the long-distance?
31. Who are the main users of the long-distance training?
32. How to keep the balance between the long-distance training and
face-to face training.
We provide long-distance correspondence language courses for employees
of the Japan Patent Office. We do not conduct any long-distance
correspondence courses for external personnel. (However, we do provide
e-learning, although this is not a long-distance correspondence course)
VV General Information about Training Program
33. What kind of training program do you have, and how many
seminar and trainees for each program per year?
*We conduct the training programs outlined in the attached document (list of
planned courses).
34. Can you make a general introduction about the IP training for
youngsters.(Which including the organizing method, teacher, amount
of trainees per year, cooperation with other department like Ministry of
Education, Local IP offices during the IP training).
80
*We have created teaching materials such as a standard textbook and list of
supplementary readings, and distribute this to educational institutions such
as schools. Moreover, we have created an instruction manual for teachers
(instructors). Through initiatives such as the patent contest, we are
cultivating attitudes and mind-sets in relation to industrial property rights.
1.2 INTERVIEW TO JIII
1. The aim of the training program for children or youngsters.
For Japan is lack of natural resources, since 100 years ago, Japanese
people realized that the development of Japan should base on technology
and wisdom, so it is necessary to cultivate the innovative spirit of children.
2. The number of the children or youngsters attending the program.
JIII has set up 203 clubs for children from 8 to 15 years old. Each year, more
than 9,000 children will attend the activities. Meanwhile, in Tokyo, 5
innovative club has been established, 300 more children attend the course.
3. The activities amount organized in each year for each club.
For each club, 2 or 3 activities will be organized in each month, and 20-30
times in total for 1 year.
4. The relationship during the organizing of program between JIII and
other organizations.
During the implementation of innovation contest program, JIII may get
support from newspaper, Ministry of Education, METI, JPO, JPAA, NHK etc.
However, the support never hinder the independence of the JIII, for JIII can
decide everything about program including budget, fees, organization
method, scale etc as a independent legal entity. Meanwhile, the
administrative department never provides financial support or administrative
81
order to JIII, and the support takes the form of that officials are invited to
granting the certificate or rewards to excellent children, or the certificate will
be given in the name of related administrative office.
5. The procedure for compiling a new book for children.
No special book for children compiled.
6. The organization methods
The methods include clubs, invention exhibition, contest, and seminars.
For the clubs, children are arranged in different classes according to their
actual ability. There are 2,000 teachers in total working in the club. Most of
them are retired teachers and staffs in enterprise as volunteer.
For the seminars, JIII will hire teachers to give presentations about IP, and
the participants are collected by invention club. During the implementation,
the teachers will be dispatched by JIII to local area. Teachers are usually
from schools, museums as well as inventors. Such kinds of seminar will be
held 40 times for 1 year, and the training programs for abovementioned
teachers are also conducted.
7. The education content in invention club
The contents include recognizing and master the tools, manufacturing
something by paper, wood artifact, using of motor-driven tools, making
electronic circuit, assembling computer, solution to the problem in the daily
life, innovation etc. In the whole learning procedure, the teachers only play
the role of guidance and assistance. Children should select the objective and
create the idea by themselves.
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1.3 INTERVIEW TO FUJITSU CORPORATION
1. How do your classify the IP education in your IP department?
We have divided the cultivation of IP talents into 3 stages, including
program for new-enrolled staff, experienced staff, and future leaders.
2. What are the courses for each stage?
For the new enrolled staff, the courses include,
IP basic knowledge, the relationship between business and IP strategy, the
importance of patent, the infringement behavior types, routine utilization
methods of patent, patent application procedure, patent investigation,
patent searching etc.
For the experienced staff, the courses include,
IP acquisition and utilization practice, infringement avoiding skills and
practice, innovative idea exploration and drafting of application files, patent
analysis and patent map, international standardization etc.
For the future leaders, the courses include,
Technology strategy conference, patent strategy conference, IP utilization
in front of aggressive competitors, IP risk awareness promotion etc.
3. Do you have any classification based on the specific theme?
We have divided courses into some specific themes as follows, including,
the theme of IP basic knowledge, patent exploration and application,
patent utilization, patent strategy, patent investigation, and infringement
avoidance etc.
83
CHPATER FOUR
QUESTIONAIRES AND ANALISIS
1 GENERAL SITUATION OF QUESTIONAIRE
In order to get more opinions about IP education, I designed a questionnaire
and sent the questionnaire to 100 SMEs, however, I received 20 replies, and I
can roughly judge the general attitude about the flexibility, implementation
ability of them, and also the influence situation of IP training in SMEs.
Here, I would like to express my special thanks to the respondents who have
done great help to my research.
This questionnaire is set up based on the KPI above-mentioned. According to
each KPI, several questions are provided to measure the related index as the
attachment 1.
2. EVALUATION OF RESULTS OF QUESTIONAIRE
2.1 Strategy index analysis
Here below has given the figure about the importance of each factors to the
strategy index.
84
Strategy score
1.51.71.92.12.32.52.72.9
orgn
izatio
n
focu
sadjus
tmen
t
newpr
ogram
annu
alplan
supp
lemen
tary
plan
evalu
ation
sens
itive
ness
partn
er
nopa
rtner
Strategy score
For the strategy score, the figure shows that the special organization of
education research and proper adjustment of training focus are the major
factor. Then annual plan and sensitiveness are also important. The
respondents have given a negative comment to other factors.
The comment of new program, supplementary plan factors shows that IP
training in Japan has shown a mature aspect, which means the larger
adjustment has not been widely taken in most situation.
The comment of evaluation factors and proper adjustment of training focus
show that the adjustment is necessary, however such behavior can’t only
depend on the opinion evaluation of possible participants, which means the
general evaluation of the situation by the organizer of seminars is also needed.
The negative comment of partner and no partner factors seems ambivalent.
However, it shows that there is no absolute standard to decide for which
program the partner should be introduced, and as to the opinion about the
partner, the organizer should better take a more flexible strategy.
85
Of course, it is not enough to only judge the weight of each factor in the
strategy index, however, it is also necessary to make clear the correlation
among the factors, for it will help us to decide the mutual influence of each
factors. By the results of the analysis, we can decide our policy or working
procedure more clearly.
The factors correlation in the strategy index is shown in the attachment 2, chart
A.
In the chart, the data with”*” shows a close relationship between 2 factors, and
the data with”**” shows a closest relationship between 2 factors.
The figure has given 4 results:
1. The new program and evaluation has shows a highest correlation.
2. The new program, sensitiveness and no partner factors show a higher
correlation.
3. The new program factor also has a relative high correlation with the
partner factor.
4. Other factors don’t have close correlation.
For the results 1, combined with the abovementioned primary analysis, it can
be deduced that the evaluation factor is an important but not only factor for the
launching of new program, and the opinion of the general situation from the
organizer maybe also important.
For the results 2, we can see that the complicated organizations such as the
organization with many departments and branches are usually not flexible
enough, for the information transmission and coordination in big organization
usually spend more time and cost, also the information are easily distorted. So
86
too many partner in a way will hinder the new program launching and
sensitiveness.
For the results 3, we can see very interesting phenomena. That is, partner
factor also has positively affected the new program launching, which means to
keep a proper scale of network may enhance the gathering of information in
largest possibility, and finally strengthen the ability of new program launching.
0
5
10
15
20
25
30
35
40
45
1 2 3 4
complexityoforganization
newinformationgathering
cost ofanalysis
cost ofcoordination
The figure may show the changes with the increase of complexity of
organization. So we may see that at the early stage when the complexity of
training network keep in low level, the ability of new information gathering has
been greatly improved, and the cost of coordination keep in low level, then
strong network will help to build a more flexible organization. However, as the
complexity of organization increases, the cost inside the organization will
exceed the benefit which can improve the sensitiveness of organization. So
the proper scale of network is necessary.
87
2.2 Implementation index analysis
Here below has given the figure about the importance of each factors to the
implementation index.
Implementation score
11.5
22.5
33.5
4
specify
lanuag
e
edu
cat
ion
law
groupm
anag
em
en
part
icip
anto
pinio
n
teac
here
valu
atio
cours
esf
ord
iffe
re
consu
ltan
ts
Implementation score
The figure shows that there are many factors affecting the implementation
ability,
Most of the respondents think language, scientific and IP working experience
factors are very important for the IP training. Combined with the factor of lack
of IP, we can see clearly that IP related knowledge is considered important in
the organizing of IP training.
The factors of participants’ opinion, self introduction, teacher evaluation,
course set up for different fields, and specific theme have be thought to have
high influence to the implementation index, in which the IP training in specific
themes has been mostly emphasized.
As to the single management and group management factors, we can see the
respondents don’t have uniform opinion, which means the management of IP
training program can take various methods. Maybe, the methods will finally
88
depend on the actual situation, such as complicated program always need a
group to deal with, and some simple or routine program can be conducted by
specific person.
Most of the respondents think that, although the evaluation and flexibility of the
training program are important, it is not necessary to set up special evaluation
department, and this evaluation and adjusting job may be done by the
organizers of training program through some effective mechanism. If
necessary, consultants also may be introduced.
The factors correlation in the implementation index is shown in attachment 2,
chart B.
The participation opinion and self introduction of participants have high
correlation with teacher evaluation. Obviously, the promotion of participants’
level is the direct objective of the training program, so the opinion may be the
first-hand material to judge the effect of training program and quality of
teachers. Meanwhile, before Japanese training seminars, the participants are
always asked to provide self-introduction information and the knowledge that
they are interested in. It may affect the teachers’ evaluation in 2 aspects. Firstly,
the organizer may judge the reliability of the evaluation feedback against the
teachers, for the levels and fields of participants will affect their perspective.
Secondly, the organizer can more precisely judge the exact improvement of
the participants after the seminar.
The evaluation responsibility and group management has shown high
correlation, which means most of the respondents think it is necessary and
feasible for the group to do evaluation after the seminar, as abovementioned,
the group management method is usually used for some complicated program
or new program.
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2.3 Influence index analysis
Here below is about the influence situation figure.
Influence score
1
1.5
2
2.5
3
3.5
budg
et1
budg
et2
budg
et3
budg
et4
spee
cifie
dtraining
gern
erou
straining
good
effect
prop
agation
bran
ches
commen
tfrom
trainee
s
Influence score
The questionnaires set up for the influence score are a little different, for the
questionnaires for 2 other index are more concerned about the attitude of
respondents, however, this part is basically the situation investigation of the
IP training in SMEs.
From the figure, we can clearly see that most of the respondents (SMEs) in
Japan have kept a stable budget for the IP activities in IP department. Then
the budget for IP training has occupied small part in comparison with the
budget for other activities, which means SMEs may be inclined to attend the
IP training organized by other organization, or the amount of staffs in IP
department of SMEs are too small to be worthwhile organizing the training
program on their own.
The figure shows that IP training in SMEs in Japan are not well developed.
Although the large corporations in Japan usually have a big IP department,
such as Panasonic has a large scale of IP department with more than 600
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employees, the IP department in SMEs in Japan are usually relatively small
or weak, so they always may participant the program organized by IP training
institutes. In the meantime, from the good effect factors, we can see half of
respondents don’t recognize the training they have attended.
In the meantime, specified training and generous training all are not approved
by the respondents,
The factors correlation in the influence index is shown in the attachment 2,
chart C.
The factor of comment from trainees has a high relationship with the factors
of specified training, generous training and good effect factors.
The factor of generous training also has a high relationship with the factor of
specified training. So 2 training method can’t be isolated from each other, and
had better be systematically considered.
91
CHPATER FIVE
CONLUSIONS AND RECOMMENDATION
1. CONCLUSIONS
At present, China is still prosperous with booming economy and fast
increasing amount of domestic patent application. In the meantime, the
central government has set up an objective to be innovation-oriented country
till year 2020, which enhance us to improve our ability to meet with the
requirements in new situation. The target may be to provide specific and
high-quality training for IP professionals in each field, and to improve the
awareness and cultivate the innovative spirit of the public.
The core competency of Chinese institutes to exert strategic ability is the
integration of all kinds of resources, such as information gathering channel,
teachers, training network (including school, local IP offices, universities,
overseas counterpart etc), curriculum and textbook etc. For Chinese IP
training activities has a strong administrative characteristic, meanwhile, the
government has mastered largest resources in the field; it is necessary and
possible to do the integration. After integration, long-term program or plan
may be provided, and to ensure the stability of the program, consistent and
sufficient budget for the plan are needed, especially when seeking stable
cooperation from future partners.
When the network is established, then the problem to be solved is to improve
the flexibility or sensitiveness of the institutes. That is, to enlarge and adjust
the teacher database, curriculum and plan etc. according to the real needs.
This procedure needs a mechanism setup to shorten the distance between
the institutes and the possible participants of training program.
92
2. RECOMMENDATION
2.1THE RECOMMENDATION ON THE INNER POLICY
The first recommendation is to improve the implementation ability of the
institutes. The most important factors for the implementation ability include
evaluation, staff composition, organizing methods, complete and curriculum.
It is necessary to build up a complete evaluation mechanism which
includes the evaluation of participants (self introduction etc.), the evaluation of
teachers, evaluation of the courses and self evaluation after study and should
better, is rather done by a group of member not single person.
In other aspects, the evaluation can’t only rely on the data gathering and
analysis but the judgments from the organizers are also needed which should
be emphasized that the evaluation should better be done in combination of the
other 4 evaluation results.
Under the scrupulous evaluation, a high-specified and complete
curriculum should better be developed. Because the SWOT analysis has
indicated that there will emerge a big needs for the skills of IP usage deduced
from the rapid application growth in China, including IP application, IP
management (such as patent map and analysis, patent evaluation or grading,
Self introduction
Including objective
Teacher
evaluation
table
Self evaluation
after study
Course
evaluation
table
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rewarding system and patent strategy etc), IP license, IP marketing and IP
protection etc.
The training method should better be more flexible, and here will take IP
education for improving the awareness as an example.
The IP training for improving the awareness can be toughly divided into 3
aspects, 1) IP education for youngsters 2) IP education for industry 3) IP
education for public.
IP education for youngsters
TARGET GROUPS METHODS CONTENTS
Kindergarten
Primary and Junior
school students
High school students
Providing posters, books, lectures
Writing competition
Training teachers
Making poster competition
IP quiz
House model competition
Creation and innovation club etc.
Basic knowledge of
IP
Idea of innovation
and creation
Innovation and
creation practice
IP in the daily life
Awareness of
counterfeited and
pirated goods etc.
IP education for industry
TARGET GROUPS METHODS CONTENTS
R&D staff, legal staff,
marketing
staff(enterprise),
students in
universities
Regional conference/ experts
dispatched
Training program
Provide books about IP law, IP
success story
New creations exhibition etc.
Basic knowledge of
IP
IP and economic
benefits
IP and technology
etc.
IP education for public
TARGET GROUPS METHODS CONTENTS
Customers Advertisement in TV, radio, Basic knowledge of
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newspaper, public notice
Counterfeited and pirated goods
exhibition
Exhibition of invention by local
inventors
Poster compilation
Inventive dialogue in TV
IP or IP
enforcement
The harm of
Counterfeiting and
pirated goods on
economy and
health
How to recognize
counterfeited and
pirated goods
List of counterfeited
goods
In this example, various methods are taken to meet with the characteristic of
possible targets.
The staffs working in IP training institutes should better have IP
background and language ability. If the staffs don’t have related background
or ability, then specific training is needed.
2.2 THE RECOMMENDATION ON THE OUTER POLICY
The outer policy is closely related to the influence ability and in some way
related to strategy ability also, which refers to the training network, public
program and widely-accepted textbook.
As to the training network, according to the analysis, proper network is good
for strengthen flexibility and influence. However, to enlarge the network too
quickly may highly increase the coordination cost and there may occur
information transmission disorder inside the network. So it is necessary to
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develop the network, however during the expansion, inner exhaustion
should be fully considered.
To launch public program is effective to enlarge the influence, especially for the
customers and children (below 18). However, the running of public program
should base upon the establishment of strong network in China.
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REFERENCES
1. Information from http://www.wipo.int/academy/en/ipacademies/ line 3-10,
paragraph 1
2. Information from http://www.wipo.int/academy/en/ipacademies/ paragraph 2
3. The summary of the Intellectual Property Strategic Program 2008; Mr. Gen
Kawai, Deputy Counselor, Intellectual Property Strategy Headquarters.
October 9, 2008,.
4. The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,
slide 2
5 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 4 6 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008, slide 7
7 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,
slide 6
8 The cultivation of IP talents in Japan, General Office, JPO, Nov. 17, 2008 9 The cultivation of IP talents in Japan, General Office, JPO, Nov. 17, 2008, slide 12
10 The cultivation of IP talents in Japan, General Office, JPO, Nov.17, 2008,
slide 13
11 The introduction to the INPIT is from the INPIT official website,
http://www.inpit.go.jp/english/index.html
12 JIPA website, http://www.jipa.or.jp/content/english/
13. APIC pamphlet
14. The information about personnel composition and budget is gathered through interview with INPIT officials, in Feb. 23, 2009 15. From INPIT website, http://www.inpit.go.jp/english/index.html, 16. Information gathered from response of questionnaires from INPIT, the curriculum list in 2008 17 The information is gathered and calculated from the seminars I have attended, Oct. 8 2008- Feb. 28 2009 in APIC and response of questionnaire from INPIT about the seminars organized in 2008. For it is proved to be difficult to get exact information from JIPA, JPAA or other training institutes, the results can only be partly conceived. 18. The information is from the interview with INPIT officials, Feb. 23, 2009
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19. The seminar in APIC I have attended, Oct.8 2008-Feb.28 2009 20. The information is from the report, “IP education research in universities” , Osaka Institute of Technology, March 2004, Page 25-28. 21.JIII-APIC website: http://www.jiii.or.jp/apic/us/e_top.htm 22. The data about the seminar and curriculum is from the training program during Oct. 2008-Mar.2009 that I have attended 23. The information from interview with JIII, Feb.16, 2009 24. Public Awareness and IP Education, Tokai University, Feb. 5, 2009 25 The information is from interviews with Japanese corporations, such as Canon, Fujitsu, and Toyota etc. 26. JIII pamphlet 27.National Intellectual Property Strategy Website: http://www.nipso.cn/. 28. The SIPO website, www.sipo.gov.cn 29. The CIPTC website, www.ciptc.org.cn 30. CIPTC pamphlet 31. Shanghai IP office website: http://www.sipa.gov.cn/ Shanghai IP strategy. 32. Information is from the interview with Local IP offices; Fu Shan city,
Guangdong Province, year 2007.
33. Information is from www.baidu.com, by the keywords “IP training, children or students, or IP activities. 34. CIPTC curriculum pamphlet 35. Ministry of Foreign Affairs of the People’s Republic of China http://www.fmprc.gov.cn/chn/wjb/zzjg/yzs/gjlb/1281/1281x0/default.htm
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ATTACHMENT
ATTACHMENT 1: QUESTIONAIRES
Flexibility and Strategic Index
The index concerns the parameters, which include research organization,
adjustment of focus, new program, annual plan, supplementary plan,
evaluation, sensitiveness, partner and no-partner etc.
1. We should set up particular research department or some mechanism on IP
training in our enterprise.
1)strongly agree[1] 2) agree[12] 3) disagree[7] 4) strongly disagree[0]
2. We should make investigation or questionnaires on the new situation of IP
training to adjust focused point and related policy.
1)strongly agree[1] 2) agree[16] 3) disagree[3] 4) strongly disagree[0]
3. We have a good ability to develop new training programs for new
requirements.
1)strongly agree[0] 2)agree[6] 3)disagree[9] 4)strongly disagree[5]
4. Every year, we should make an annual IP training plan in advance.
1)strongly agree[1] 2)agree[12] 3)disagree[4] 4)strongly disagree[3]
5. We should prepare some alternative plan supplementary to the annual plan
to solve some possible problems during the implementation.
1)strongly agree [0] 2)agree [5] 3)disagree[13] 4)strongly disagree[2]
6. Our plan is strictly based on the investigation or research results about the
needs of possible participants.
1)strongly agree[0] 2)agree[6] 3)disagree[10] 4)strongly disagree[3]
7. We are very sensitive to the changes of IP policy of the government and the
new development of national IP laws, also international IP policy and laws.
1) strongly agree[1] 2)agree[8] 3)disagree[11] 4)strongly disagree
8. We have successfully developed our training program with cooperation from
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outside partners to develop IP human resource .
1) strongly agree[0] 2)agree[4] 3)disagree[9] 4)strongly disagree[6]
9. We can deal with our responsibility on IP training very well without any
cooperation from outside partners.
1) strongly agree[2] 2)agree[4] 3)disagree[10] 4)strongly disagree[4]
Implementation Ability Index
1. My daily work is mainly on IP training.
1) strongly agree[0] 2)agree[3] 3)disagree[10] 4)strongly disagree[7]
2. I think it’s no need for me to know something about IP because my work is
only coordination of seminars.
1) strongly agree[0] 2) agree[1] 3)disagree[9] 4)strongly disagree[10]
3. Foreign language ability is very important for my work on IP training.
1) strongly agree[3] 2)agree[10] 3)disagree[6] 4)strongly disagree[0]
4. I think it’s better for me to have a IP working experience like IP examiner, IP
attorney, IP researcher.
1) strongly agree[2] 2) agree[12] 3)disagree[6] 4)strongly disagree[0]
5. I think it’s better for me to have a background like a bachelor or master
degree in education.
1) strongly agree[1] 2)agree[7] 3)disagree[12] 4)strongly disagree[0]
6.I should better have a bachelor or master degree in scientific or engineering.
1) strongly agree[1] 2) agree[13] 3)disagree[6] 4)strongly disagree[0]
7. I should better have a bachelor or master degree in law.
1) strongly agree[0] 2) agree[10] 3)disagree[10] 4)strongly disagree[0]
8. When a seminar is launched, I will be responsible for everything like
preparation management or coordination during the seminar alone.
1) strongly agree[0] 2) agree[8] 3)disagree[10] 4)strongly disagree[1]
9. When a seminar is launched, we have a group consisted of several staffs in
responsible for the coordination of seminar.
1) strongly agree[0] 2)agree[9] 3)disagree[7] 4)strongly disagree[3]
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10. After seminar, I have the obligation to give a general evaluation or any
suggestions on how to improve the effect of seminar.
1) strongly agree[0] 2)agree[11] 3)disagree[6] 4)strongly disagree[2]
11. I think it’s very important to get the response from participants.
1) strongly agree[2] 2)agree[16] 3)disagree[1] 4)strongly disagree[0]
12. I think it’s very important to get the information like self-introduction from
participants for analyzing the possible requirements of the participants.
1) strongly agree[1] 2) agree[14] 3)disagree[4] 4)strongly disagree[0]
13. I think it’s very necessary to evaluate the teachers, in order to use suitable
teachers for the requirements of different seminars.
1) strongly agree[1] 2)agree[15] 3)disagree[3] 4)strongly disagree[1]
14. I think it’s very important to launch seminars with specific theme, in order to
meet with the requirements of IP professionals.
1) strongly agree[4] 2) agree[15] 3)disagree[0] 4)strongly disagree[0]
15. I think it’s necessary to provide different training courses for staffs in
marketing, R&D, manufacturing and IP departments.
1) strongly agree[2] 2) agree[14] 3)disagree[3] 4)strongly disagree[0]
16. I think it’s necessary to set up a special department for evaluation of
seminars, including such as teachers, curriculum besides the department
which is only in charge of management of seminar.
1) strongly agree[0] 2) agree [5] 3) disagree[13] 4) strongly disagree[1]
17.I think it’s necessary to use consultants responsible for research on IP
education.
1) strongly agree[1] 2) agree[11] 3) disagree[7] 4) strongly disagree[0]
Influence Index
1. Every year, we will need increased budget for IP training compared with
previous year.
1) strongly agree[0] 2) agree[2] 3) disagree[15] 4) strongly disagree[3]
2. Every year, Our budget on IP training keeps stable in comparison with
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previous year.
1) strongly agree[1] 2) agree[15] 3) disagree[1] 4) strongly disagree[2]
3. Every year, we may need the decreased budget for IP training compared
with previous year.
1) strongly agree[1] 2) agree[5] 3) disagree[13] 4) strongly disagree[0]
4. The budget for IP training has occupied big part of whole budget of our IP
activities.
1) strongly agree[0] 2) agree[1] 3) disagree[9] 4) strongly disagree[9]
5. Our training program shall be specified with the particular requirements of
participants, such as IP application, or IP litigation.
1) strongly agree[0] 2) agree[5] 3) disagree[11] 4) strongly disagree[3]
6. Our training program could meet with the requirements of all kinds of IP
topics.
1) strongly agree[0] 2) agree[4] 3) disagree[12] 4) strongly disagree[3]
7. The participants after training are highly recognized by related employers.
1) strongly agree [0] 2) agree[12] 3) disagree[5] 4) strongly disagree[2]
8. We have used some propaganda methods like TV, newspaper, internet to
publicize our training program.
1) strongly agree[1] 2) agree[2] 3) disagree[11] 4) strongly disagree[5]
9. We have many branch offices in different district in Japan which strengthen
our abilities to cultivate IP talents.
1) strongly agree[0] 2)agree[5] 3)disagree[8] 4)strongly disagree[6]
10. Our training programs are highly appreciated by the participants.
1) strongly agree[0] 2)agree[10] 3)disagree[6] 4)strongly disagree[3]
ATTACHMENT 2: CORRELATION CHART
A] Strategy index
102
orgnizationfocusadjustment
newprogram
annualplansupplementaryplan
evaluation sensitiveness partner nopartner
orgnization ― -.12 .04 .15 -.02 -.03 .00 -.07 .02focusadjustment ― .02 .30 .26 .03 .58 ** .17 .32newprogram ― .21 .45 * .71 ** .40 .59 ** .68 **annualplan ― .58 ** .41 .26 .01 .27supplementaryplan ― .34 .22 .29 .34evaluation ― .45 .36 .56 *sensitiveness ― .13 .68 **partner ― .20nopartner ―** p <.01 * p < .05
B] Implementation index
specify lackofP lanuage IPbackground education scientific law singlemangementgroupmanagement
evaluationresponsibility
participantopinion
specify ― 0.400 -0.098 0.025 0.225 0.275 -0.147 0.323 0.339 0.435 -0.152lackofP ― -0.563 * -0.113 0.151 -0.198 -0.254 -0.104 -0.019 0.034 -0.343lanuage ― 0.303 -0.364 0.030 0.091 0.280 0.203 0.275 0.233IPbackground ― -0.170 0.466 * 0.333 0.070 0.031 -0.013 0.264education ― 0.514 * 0.424 -0.048 0.383 0.096 -0.331scientific ― 0.653 ** 0.256 0.313 0.133 0.054law ― 0.239 0.122 0.041 -0.141singlemangement ― -0.026 0.358 -0.085groupmanagement ― 0.655 ** -0.058evaluationresponsibility ― 0.104participantopinion ―selfintroductionteacherevaluationspefificthemecoursesfordifferentdepartmentspecialevaluationdepartmentconsultants** p <.01 * p < .05
C] Influence index
budget1 budget2 budget3 budget4 specified
training
generous
training
good
effect propagation branches
comment
from trainees
budget1 ― 0.438 -0.662 ** 0.430 0.775 ** 0.605 ** 0.183 -0.016 0.449 0.436budget2 ― -0.590 ** 0.169 0.287 0.528 * 0.235 0.578 * 0.279 0.560 * budget3 ― -0.161 -0.387 -0.504 * -0.091 -0.075 -0.552 * -0.315 budget4 ― 0.256 0.209 0.290 0.185 0.420 0.114specifiedtraining ― 0.665 ** 0.357 0.120 0.336 0.584 ** generoustraining ― 0.446 0.350 0.350 0.779 ** Good effect ― 0.463 * 0.463 * 0.662 ** propagation ― 0.269 0.503 * branches ― 0.409commentfromtrainees ― ** p <.01 * p < .05