The CIPC Strategic Plan - Amazon Web...
Transcript of The CIPC Strategic Plan - Amazon Web...
Purpose of presentation
• Introduction and background to the CIPC strategy for 2012‐17
• Present some comparative information
• Present the CIPC budget and operational focus for 2012/13
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Introduction
• CIPC became operational on 1 May 2012;
• New schedule 3A public entity, but a going concern that took over assets and liabilities of existing divisions of the dti, namely CIPRO and OCIPE;
• Challenge has been to forge a new institution with a new and expanded mandate from the merged entity and to define the broader mandate while improving the performance of the existing institutions – “building an aeroplane in mid-flight”. CIPC went “back to basics” to understand its role and mandate.
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Environmental scanning
• CIPC’s strategic environment and the challenges & opportunities it presents
• CIPC’s legislative mandate, policy context and areas of alignment required
• The needs and expectations of CIPC’s Customers
• Global regulatory reform & best practice
In developing the CIPC strategy, we considered:
This helped define the CIPC’s strategic vision, mission and goals and the manner in which the CIPC will delivery value to its stakeholders – our business model
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Legislative Mandate
• CIPC administers all or part of 15 laws in the corporate and intellectual property domains;
• Vast legislative compliance role - registration of corporate entities, intellectual property rights, business names and business rescue practitioners, monitoring compliance with governance and disclosure rules, protecting certain IP rights, providing education on the laws and their implications and providing policy support – clear focus on creative industries, protecting invention and facilitating enterprise
Mandate may appear diverse, but presents unique opportunity to explore synergy and interrelationships
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Policy Context• Government’s New Growth Path
• The dti’s Strategic Plan;
• The Industrial Policy Action Plan 2011-2013;
• Strategy on the Promotion of Entrepreneurship and Small Enterprise;
• The Corporate Law Reform;
• A Co-operatives Development Policy for South Africa and the Integrated Strategy for the Development and Promotion of Co-operatives;
• Policy on Indigenous Knowledge;
• Ten Year Plan on Innovation;
• Mzansi’s Golden Heritage: Contribution of the Arts, Culture and Heritage Sector to the New Growth Path
CIPC accountable to dti, but operates in a broader policy context that spans Departments of Science and Technology, Arts and Culture, Agriculture and Economic Development;
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Key policy themes• Economic growth & job creation – ‘creating decent work,
reducing inequality & defeating poverty’ (NGP)• Development & exploitation of South African innovations –
‘converting ideas into economic growth’• Stimulation of growth in key sectors - green technologies,
agriculture, pharmaceuticals, business processing & creation of knowledge economy
• Potential of indigenous knowledge, its exploitation – ways to benefit communities, especially medicines and indigenous cultural expressions
• Job creation potential of cultural and creative sectors, especially cultural tourism and film industry- need to develop this sector
• Importance of public and preferential procurement for enterprise and industry development – need for greater transparency & disclosure
• Need to develop SA’s competitiveness – ease of doing business, stimulation of entrepreneurship, sustainable corporate entities, transparency, integrity &high standards of corporate governance
• Batho Pele – reliable, empathetic, respectful and efficient service delivery to the people of South Africa
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International context• Economic context
– Global recession – economic uncertainty; revised economic growth projections, slow recovery expected with slow growth rates even in SA in foreseeable future. Growth in IP and entity registration expected to be limited
• Economic crime– Internationally, various methods of corporate identity theft are being used
to defraud business owners or to mislead consumers. RSA is no exception.
• Corporate governance and disclosure– International emphasis on better regulation of corporate governance and
corporate disclosures. Leading regulators are looking a ways to improve compliance and improving the investment environment;
• Ease of doing business– Ease of doing business is seen as a way to brand countries and investment
destinations. RSA is currently doing well (ranked 35th) and needs to maintain its current status.
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Regulatory trends• Redefining the role of IP rights and regulation
– IP increasingly used as a valuable strategic asset – nationally as well as at corporate and individual level.
– Global trend in IP licenses is estimated at R7 trillion per annum = 5% of world trade.
– The emergence of low-cost manufacturing in developing countries such as China has changed the IP landscape and challenges the conventional IP right protection and enforcement.
– Big corporations need to find a way of protecting their IP.– What does mean for SA?– Large scale penetration of counterfeit goods needs to be prevented by
continued vigilance at our border; But also means that there needs to be an emphasis on the consumer
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The Small Business Landscape
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Of the estimated 5.9m small businesses, only 8.3% were registered with CIPRO in 2010. Businesses in Gauteng, North West and the Northern Cape were most likely to be registered.
Source: FinScope Small Business Survey 2010
The Small Business LandscapeBusiness owners who claimed to have registered their business did not appear to
see much value in registering their businesses:• 54% claimed that registering their businesses meant “compliance with the
law”;• 14% claimed that they registered their businesses to “avoid harassment from
the authorities”;• 7% claimed that they registered their businesses to “avoid fines”;• 6.5% claimed that registration held “no benefits” for their businesses.
The most frequently mentioned reasons for not registering businesses included: • “the business is too small to register”(49% of owners of unregistered
businesses);• “don’t know how to register” (18% of unregistered businesses);• “don’t have money to register” (18% of owners of unregistered businesses);• “it is too complicated to register” (9% of owners of unregistered businesses).
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Need for a value proposition for enterprise registration, but big opportunity for formalisation
Source: FinScope Small Business Survey 2010
Our Vision‘Our Vision is to be the leading gateway to growth and sustained participation in the formal economy
for all in South Africa.
Through insightful advice and responsive, reliable service we will enable easy, informed access for our Customers. The integrity of our data will inspire trust
and confidence in all we serve.
We will be worthy custodians of our mandate by supervising, maintaining and enforcing its provisions
with impartiality, integrity and wisdom.’
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Our MissionOur Mission is to unlock value in businesses and intellectual property by:
• Providing easy, accessible and value-adding registration services for business entities, intellectual property rights holders and regulated practitioners
• Maintening and disclosing secure, accurate, credible and relevant information regarding business entities, business rescue practitioners, corporate conduct and reputation, intellectual property and indigenous cultural expressions
• Increasing awareness and knowledge of company and intellectual property laws, compliance obilgations and the opportunities for that exist for business entities and intellectual property rights holders to leverage growth and sustainability
• Taking the necessary steps to visibly, effectively and efficiently monitor and enforce compliance with the laws that the CIPC administers
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CIPC Values
Value What it means
Passion for service
We work as one to seamlesssly and passionately serve our Customers
Integrity We demonstrate integrity in all our actions as individuals and as an organisation
Empowerment We recognize the value of our employees and partners and empower them to effectively deliver on their responsibilities
Accountability We are accountable, responsible and responsive in the execution of our duties
Collaboration We believe in teams, teamwork and collaboration with our partners to execute our mandate effectively & efficiently
The CIPC’s set of values was collectively crafted:
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Our (Aspirational) Value Proposition1.
Access to opportunities for growthAs a registered entity, you are more likely to be able to attract investment in your businesses, through credit or equity. In the same
way, registered intellectual property rights can be safely commercialised or licensed to third parties, whether through franchising or
other distribution or manufacturing arrangements. CIPC will provide information to you about the possibilities to grow your
business or your investment in intellectual property rights.
2.
Good governance and credibility of information and conductRegistering with CIPC means that investors can rely on the credibility
of your corporate entity’s information and conduct. You will
be receiving a ‘Certificate of Compliance’
from CIPC which means that you will be perceived as a credible corporate citizen who has
paid their taxes, complied with good governance and statutory requirements and that the information you provide, such as your
financial statements and BEE status, will be respected in accordance with global standards. As a Customer, you can rely on the
integrity and professionalism of registered business rescue practitioners, collecting societies and alternative dispute resolution
practitioners
in times of crisis.
3.
Security of lodged informationBeing registered with CIPC means important assets such as intellectual property, shares/equity, products, brands and identity are
protected from being stolen or misappropriated. As a Customer, you can rely on CIPC to act
against counterfeiters and other
people who do not respect your trade mark rights.
4.
Ease of registration (reduced bureaucracy)As a Customer, you can register your business and intellectual property directly through our ‘one stop shop’
on‐line portal
and
comply with all other statutory registrations at the same time such as Income Tax, Value Added Tax (VAT), Unemployment
Insurance Fund (UIF) registrations, etc. You can register your business at the same time as you open your business bank account.
You can register through our other channel partners and receive sound business advice
at the same time. You can receive your
registration number and certificate on the same day
you register, dependant on whether CIPC can verify your details.
‘Dealing with CIPC means that you have access to
opportunities for growth; are compliant with good corporate
governance principles; have security of lodged information;
and ease of registration.’
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Our Strategic Goals1. To improve the competitiveness of
the SA economy by enhancing the reputation of SA businesses and the SA business environment;
1. To contribute to a knowledge-based economy & competitive local industries by promoting innovation, creativity & indigenous cultural expression and knowledge;
1. To promote broader formal economic participation by enhancing service delivery and extending the reach of CIPC.
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Benchmarking – which countries?Country GNI per capita GDP Population Enterprise density
(No of companies per 1000
population)
Ease of Doing Business Rank 2012
India US$ 1,527 US$ 1.704 trillion (2010 estimate)
1,171billion 0.12 (2008) 132
Brazil US$ 9,390 US$ 2.422 trillion (2009 estimate)
195 million 2.38 (2009) 126
Singapore US$40,920 US $208.77 billion (2010 estimate)
5,1 million 7.40 (2009) 1
New Zealand US$ 32,145 US$ 153.252 billion (2009 estimate)
4,4 million 17.08 (2009) 3
Australia US$ 43,740 US$ 1.448 trillion (2010 estimate)
22,3 million 6.38 (2007) 15
United Kingdom US$38,540 US $2.25 Trillion (2010 estimate)
62,2 million 8.05 (2009) 7
Rwanda US$540 US $5.63 Billion (2010 estimate)
10,2 million 0.51 (2009) 45
South Africa US$ 6,100 US$ 383.124 billion (2010 estimate)
49,9million 0.77 (2009) 35
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Note: Time taken until fully registered with all relevant national offices including tax and labour
Source: World Business survey 2011
0
5
10
15
20
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Canada New Zealand
Australia Singapore Rwanda Mauritius South Africa
Starting a businessAccording
to
the
World
Business
Survey
2011,
most
of
the
top
ranked
countries
are
able
to
complete
the
process
to
start
a
business
(from
application
to
ready
to
trade)
in
5
days
or
less.
These
countries
are
also
able
to
register
a
company
in
1
day.
By
comparison,
South
Africa
takes
up
to
15
times
longer
(based
on
management
estimate
of
average
time
taken)
than
these
top
ranked
countries.
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Best Practice – Starting a Business
Note: Time taken until fully registered with all relevant national offices including tax and labour
Source:World Business survey 2011
Note: Time taken from application until company registered (including name reservation)
Source: World Business Survey 2011, registering authority websites, management interviews
0
2
4
6
8
10
12
14
16
Canada New Zealand
Australia Singapore Rwanda Mauritius South Africa
Register a company
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Best Practice ‐
Registration
Comparative Patents StatisticsNumber of patent granted by selected countries 2001-10 [Break- down by residents/non- residents (domestic/foreign)]
Patent_Office Applicant_Type 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001Australia Residents 1,178 926 925 1,086 924 1,163 1,177 1,021 980 1,070
Non Residents 13,379 11,484 10,938 10,150 8,502 9,816 11,562 12,035 12,632 12,633Total 14,557 12,410 11,863 11,236 9,426 10,979 12,739 13,056 13,612 13,703
Brazil Residents 314 341 234 233 249 674 685Non Residents 2,937 2,431 2,279 2,232 2,190 3,949 2,904Total 3,251 2,772 2,513 1,855 2,465 2,439 4,623 3,589
India Residents 1,725 2,541 3,173 1,907 1,396 851 615 619 529Non Residents 4,443 13,520 12,088 5,632 2,924 1,466 911 921 1,020Total 6,168 16,061 15,261 7,539 4,320 2,317 1,526 1,540 1,549
New Zealand Residents 394 457 430 491 416 391 419 1,018 391 258Non Residents 3,953 2,955 2,773 3,101 2,996 3,798 5,152 9,106 2,191 3,281Total 4,347 3,412 3,203 3,592 3,412 4,189 5,571 10,124 2,582 3,539
South Africa Residents 821 822 860 915 866 1,003 956 922 983 966 Non Residents 5,562 5,913 7,081 7,402 6,739 6,001 5,833 5,303 5,617 5,427Total 6,383 6,735 7,941 8,317 7,605 7,004 6,789 6,225 6,600 6,393
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Patents StatisticsAs it can be seen on the next slide, that the ratio between the patent applications filed by domestic applicant as opposed to foreign applicants [ residents/ non residents applicants for the period 2006- 2010 is at average 11.8%.
According to Statistics SA the Balance of Payment of Royalties Account in 2008 has about R 12 bln deficit.There is a clear need to strengthen our local economy to improve this balance.
However, if one looks at the strategic plans not only of the countries with emerging economies but also in developed countries such as USA, it can be seen that one of the strategic goals of their Patent & Trade Mark Offices is to accelerate the innovation of the local economy.
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Comparative Patents StatisticsNumber of patent applications filed by selected countries 2001-10 [Break-down by residents/non- residents]
Patent Office 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001Australia Total 24,887 23,681 26,346 26,840 26,003 23,857 22,833 21,594 22,545 22,735 Australia Domestic 2,409 2,494 2,821 2,718 2,837 2,555 2,559 2,418 2,364 2,187 Domestic/Foregn % 9.70% 10.50% 9.70% 10.70% 10.90% 10.70% 11.20% 11.20% 10.50% 9.70%Brazil Total 22,686 21,944 22,917 21,825 24,074 20,005 19,272 17,704 16,022 17,204 Brazil Domestic 2,705 3,921 4,084 4,023 3,810 3,905 3,958 3,689 3,365 3,323 Domestic/Foregn % 11.90% 17.90% 17.80% 18.40% 15.80% 11.90% 19.50% 20.80% 21.00% 19.30%China Total 391,177 314,604 289,838 245,161 210,501 173,327 130,384 105,317 80,232 63,450 China 293,066 229,096 194,579 153,060 122,318 93,485 65,786 56,769 39,806 30,038 Domestic/Foregn % 75% 73% 67% 62% 58% 54% 51% 54% 50% 47%India Total 34,287 36,812 35,218 28,928 24,382 17,466 12,613 11,465 10,592 India Domestic 7,262 6,425 6,296 5,686 4,721 4,014 3,425 2,693 2,379 Domestic/Foregn % 21.20% 17.00% 17.90% 19.70% 19.40% 23.00% 27.10% 23.50% 22.50%New Zealand Total 6,636 6,358 5,724 7,844 7,365 7,005 6,531 6,873 6,948 7,275 New Zealand Domestic 1,585 1,555 1,256 1,892 2,153 1,893 1,631 1,845 1,839 1,768 Domestic/Foregn % 23.90% 24.50% 22.00% 24.10% 29.20% 27.00% 25.00% 26.80% 26.30% 24.30%South Africa Total 6,383 6,735 7,941 8,317 7,605 7,004 6,789 6,225 6,600 6,393 South Africa Domestic 821 822 860 915 866 1,003 956 922 983 966 Domestic/Foregn % 12.90% 12.20% 10.80% 11.00% 11.40% 14.30% 14.10% 14.80% 14.80% 15.10%
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Patents filed by Universities and Public Institutions
Sample of Universities No of Patents
filed 02‐12
University of Witwatersrand 272
University of Stellenbosch 148
University of Cape Town 70
University of KwaZulu Natal 37
University of Pretoria 22
Tshwane University of Technology 13
North West University 13
Durban University of Technology 10
Central University of Technology FS 9
Universities of Free State & Johannesburg 7 each
Nelson Mandela Metropolitan University 4
University of Western Cape 4
Year No of Patents
filed by
Universities
2002 1
2003 4
2004 8
2005 30
2006 43
2007 70
2008 105
2009 119
2010 130
2011 117
2012 17
Total 644 30
Budget breakdown
Programme 2012/13 2013/14 2014/15 2015/16 2016/17
Rm Rm Rm Rm Rm
Business Regulation and Reputation 134.8 150.9 174.6 188.4 208.6
Innovation and Creativity Promotion 62.5 70.7 80.5 87.9 102.2
Service Delivery and Access 251.3 255.2 271.1 282.9 293.4
Total operational expenditure 448.6 476.8 526.2 559.2 604.2
Special initiatives* 100.0 50.0 20.0 ‐ ‐
Total Expenditure 548.6 526.8 546.2 559.2 604.2
Projected Revenue 361.9 366.8 399 414.8 413
Reserves 186.1 142.4 134.6 114.4 142.7
Projected Revenue from Fee Increases 17.6 12.6 30 48.5
Total Funds Available 548.0 526.8 546.2 559.2 604.2
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Budget breakdown for 2012/13
Programme 1 Programme 2 Programme 3 Total
Employee
compensation
R103.5m R40m R79.5m R223.5m
Interns R2.4m R1.1m R0.7m R4.2m
Staff training R4.5 R2.8m R5.5m R15.5m
Administration R11.7m R7.6m R86m R105.3m
Programme
expenditure
R12.7m R11m R79.6m R102m
Total R134.8m R62.5m R251.3m R448.6m
Special Projects R100m R548.6m
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Programme 1: Business Regulation and Reputation
Budget Outputs
Employee
compensation(R103.5m)
Projected staff numbers: 260 staff members Focus on improving
verification of information, turnaround time on registration and
investigations, building a compliance culture and issuing
compliance certificates, developing full accreditation schemes for
intermediaries and business rescue practitioners; registers of
directors and delinquent ones, business names.
Interns (R2.4m) Projected number of Interns: 40
Staff training(R4.5m)
Local and international training; emphasis on substantive training
on legislation, placement with other regulators etc
Administration(R11.7m)
Main costs are telecommunications, travel and workshops
Programme
expenditure(R12.7m)
Allocations for litigation and legal fees, external research and
analysis and education and awareness (small business/ enterprise
density research, publications and campaigns – Year of Co‐
operatives, promotion of trademarks)
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Programme 2: Innovation and Creativity Promotion
Budget Outputs
Employee
compensation(R40m)
Projected staff numbers: 74. Emphasis is on improving processes and
substantive capacity, building new capacity in the area of indigenous
knowledge, policy analysis and research and expanding capacity in
education and outreach. More data analysis to understand and inform
policy in innovation and creativity promotion, as well as
commercialisation.
Interns (R1.1m) Projected number of Interns: 18
Staff training(R2.8m)
Local and international training, especially WIPO; emphasis on
substantive training on legislation, placement with other regulators etc
Administration(R7.6m)
Main costs are telecommunications, travel and workshops (international
meetings)
Programme
expenditure(R11m)
Allocations for litigation and legal fees, external research and
analysis
and education and awareness (publications and campaigns for
indigenous knowledge, innovation and creativity, IP rights, anti‐piracy,)
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Programme 3: Service Delivery and Access
Budget Outputs
Employee
compensation(R79.5m)
Projected staff numbers: 242. Focus on building new capacity in ICT,
(while co‐sourcing), channel management, information
management and governance (incl. forensic auditing)
Interns (R0.7m) Projected number of Interns: 12
Staff training(R5.5m)
Focus on technical training, customer service training, contract
management, corporate governance etc
Administration(R86m)
All costs related to ICT expenditure, building rentals, off‐site
document storage, equipment, governance related expenditure
(external services and committees) etc
Programme
expenditure(R79.6m)
Litigation and publications costs, co‐sourcing certain ICT services
e.g. hosting of infrastructure, etc.
Special Projects
(R100m)
Special projects related to ICT upgrades, data cleansing and moving
to a new building
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Conclusion …..•Strategy is a journey not just a destination!
– CIPC has embarked on a long-term strategic journey to improve service delivery AND to develop a new institution;
• able to execute on its enhanced mandate• able to confidently, consistently and pro-actively regulate • able to directly add value by meeting the needs of the economy, its Customers &
stakeholders as well as the citizens of South Africa– CIPC’s focus is on a strategy that describes a compelling picture of future
success AND on developing the capability& capacity required to accelerate and sustain execution
– Much has been achieved in the past year but the CIPC strategy describes a long-term process - will take five years to complete
– CIPC’s strategy must be relentlessly executed AND continue to be responsive to the CIPC’s rapidly changing, globalised context
• Organisations don’t execute strategy, people do!– We will continue to build the confidence, commitment and competence of our
people to be enthusiastic, passionate and creative executors of our strategy!
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