IP-BASE IP Awareness

and Enforcement Modular Based Actions

for

SMEs

WP11 PILOT ACTIONS WITH SMEs - GUIDELINES

Guidelines for the use of the AIDA scale to evaluate SMEs IP practices
IPR-Helpdesk is a constituent part of the IP-BASE project which is financed by the CIP Programme, DG Enterprise and Industry of the European Commission

What is AIDA ? AIDA is a concept which was developed more than 100 years ago by marketing specialists. The present method (developed for IP-Base) is a specific adaptation of the original AIDAmethodology to the topic of Intellectual Property, where the AIDA-level quantifies the maturity-level of an SME, with respect to its IP-practices and/or knowledge on IP. The idea behind the method developed for IP-Base is to attach to each of the 4 AIDA-levels, one particular type of IP-practice. Each type of IP-practice (1-4) following the AIDA scale is categorised following an increasing level of IP-integration into the company: A (Attention): The SME is aware of IP I (Interest) : The SME is protecting IP on a more or less regular and systematic basis. D (Desire) : The SME is possessing an IP-portfolio of a certain size and is managing its IPrights. A (Action) : The SME is exploiting its IP-rights, by e.g. valorising its rights, by enforcing , ...
1. SME knows IP, is aware about

2. SME protects

3. SME manages its IP

4. SME exploits its IP

A
Basic
o Do you know IP rights in general ? o Do you distinguish the different kinds of assets a company can own ? o Do you think that your products or innovations could be easily copied or imitated ? o

I
o Do you perform a preliminary research before protecting your IP rights ? o Do you use the signs , , TM in the communication of documents used outside the company ? o

D
o Does your company have a clearly defined IP policy ? o Do you have a tool that allow to identify the IP rights related to a product ? o Do you think that your company might infringe third party rights ? o

A
o Have you set-up an IP strategy ? o Do you verify if the terms of your contractual agreements (collaboration, licences, franchise, ) are respected ? o Do you use the information available in databases to analyze your environment for IP matters ? o

Advanced

Objectives of the AIDA-methodology in IP-Base: In the IP-Base project, the AIDA-method will be used : 1. To evaluate the level of IP-awareness and/or IP-practices of an SME. 2. To qualify/quantify the level of IP-awareness and/or IP-practices to be reached after the pilot-action. 3. To choose the right tool from the toolbox. How to apply AIDA in the IP-Base pilot-actions:

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IP-BASE IP Awareness
and Enforcement Modular Based Actions

for

SMEs

A questionnaire (AIDA-grid page 4), specifically developed for the IP-Base project will help to assess the level of IP-practices of an SME and will allow to identify the starting AIDA-level (before the pilot-action). Together with the SME-managers, a target AIDA-level to be reached by the intervention during the pilot-action will be defined. This target-level will depend from on the SME's strategy and specific needs. During the pilot-action the NPO-expert should provide advice to the SME's manager, in order to determine the best suitable objective for the company. Example: The example in the scheme below is showing a starting-level A3 and an AIDA-level to be reached of I2.

SME knows IP, is aware about

SME protects

SME manages its IP

SME exploits its IP

A3

I2

Level of the SME related to a particular IP Target level (after pilot-action)

In order to enhance from A3 to I2, specific tools from the toolbox need to be applied. In the toolbox, the tools will be classified, according to their applicability to enhance from one AIDA-level to another (AI, ID, DA). One must bare in mind, that objectives should be realistic and not too ambitious. Translated into the AIDA-terminology, we can say that we cannot directly reach the D-level in one step for an SME which stands at the A-level. Following the basis of the AIDA-marketing tool1, none of the subsequent AIDA-steps should be skipped (Go progressively!).

Provided Tools: 1. AIDA-grid (page 4) 2. Profile of the firm related to IP (page 3) This questionnaire may be used to get a more precise insight into the different IP-tools/titles used by the SME. The provided tools may be applied as such or may be adapted to the specificities and/or local needs. They should be regarded as a support for assessing the AIDA-level

Source: Role of national patent offices, the EPO, as well as the Japanese and US patent offices in promoting the patent system. Final report to the European Commission. IBM. 2003

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PROFILE OF THE FIRM RELATED TO INTELLECTUAL PROPERTY

Name: Number of employees: Activity sector (NACE): Main products: Main markets: Geographical area: Main competitors: Localization: Kind of IP:

REGISTRATION

KNOWLEDGE

N General aspects IP / Intangible assets Trade name Business name Logo Geographic indication Copyrights (publications/books) Related rights (videos) In-house Database Software developed in-house Marketing level Web site/Domain name Individual trademarks Collective trademarks Copyrights (brochures/advert) Customer list Technical level Patent / petty patent / utility model Know how Trade secret Industrial design New variety certificate Semiconductor topographies Copyrights (user manuals) Contractual level non disclosure agreement Confidential information Work contract Collaboration contract Licenses and franchises IP transferred License agreement Other registration

You can evaluate the level of knowledge on a scale from - - to + +

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COMMENTS

RELEVANT

INTEREST

USE

AIDA grid
A - Awareness Knowledge Confidence Do you think that your products or innovations could be easily copied or imitated ? Do you think that the IP rights protect effectively your intangible assets ? Do you think that owning an IP right and respecting third parties IP rights can have an influence on the image of your company ? the risks of the non-protection of your assets by Do you know IP rights ? Do you know the scope (duration, geographic...) of the IP rights ? Do you know the benefits of an official protection with the IP rights ? Information Did you perform any information search related to IP on the Internet ? Do you attend seminars or conferences on IP ? Do you attend specific trainings on particular aspects of IP ? Have you ever been in touch, directly or indirectly, with experts for questions related to IP ? Does the company own a documentation on IP ? Protection and confidentiality Do you think that your company owns confidential or secret information ? Is your company enough aware about the risks related to the protection of information and the confidentiality of data ? Do you know who to contact in case of infringement of your rights (attorneys, customs) ?

1 2 3 4 5

Do you know IP rights in general ? Do you distinguish the different kinds of assets a company can own ? Do you know the main IP organisations at national, European and international level ? Do you know the procedures to apply for an IP right ?

I - Protection IP rights Do you own registered IP rights ? If you don't have any registered IP right, what are the main reasons for that ? Is there a link between the corporate name, the commercial name, the trademarks and the Internet websites of the company ? Do you use the signs , , TM in the communication ofdocuments used outside the company ? Did you evaluate the interest for your company to benefit of collective trademarks or labellisation ? Have you made efforts to prove that you are the first to invent ("i-dpt" in Benelux, "enveloppe Soleau" in France, registered letter) ? Does your company work with societies for the regsitering of copyrights ? D - Management Administrative management Operational organisation Do you know in which products your IP rights are used ? Do you verify that your IP rights are correlated to the actual and future markets of the company ? Do you have a tool that allow to identify the IP rights related to a product ? Are the R&D managers, marketing implicated in the operational management of the IP ? For IP matters, is a collaboration between the different departments of the company organized ? Intangible assets Do you think that your intangible assets are sufficiently/well protected ? Did you ever proceed to an inventory of your intangible assets ? Are the aspects of IP protection taken into account in all innovation and creativity works of the company ? Third party IP rights Do you think that your company might infringe third party rights ? Has the company set-up measures in order to prevent infringement of third party rights ? During the development phase (of an innovation), are the information owned by third parties (state of the art, technological watch/intelligence) taken into account ? Intangible assets Have you ever thought to protect your assets that could not be protected by any classic IP right ? Confidentiality and leak of information Does the company foresee specific clauses in its contracts (employment contracts, R&D collaboration , sub-contracting, trainee) in order to protect its informational assets ? Does the company inform its employees about the risks related to the confidentiality of informations ? Have you evaluated the risks related to the leaks of information ? Has the company set-up protection measures against informations leaks ? Is the company particularly aware to prevent disclosures from employees working in the innovation process ?

1 2 3 4 5

Do you perform a preliminary research before protecting your IP rights ? Does the firm deploy internal measures in order to preserve the novelty of its innovations ? Do you get in touch with experts (attorneys) before protecting your IP rights ? Did your company has ever been faced to opposition procedures from third parties ?

1 2 3 4 5

Does your company have a clearly defined IP policy ? Is there a person dedicated to IP management for the company, internally or externally ? Does a procedure allow to keep in force your IP rights is existing in your company ? Do you use a dedicated tool for the administrative management of your IP rights ? Do you analyze the opportunities for protection according to products x markets couples, kind of IP right, costs before registering ?

A - Exploitation Strategy Commercialisation Do you think that IP can be a source of income for your company ? Did you identify which of your IP rights can be exploited commercially ? Did you set-up franchise agreements to the benefits of third parties ? Did you conced/grant licence agreements or sold some of your IP rights ? Do you verify if the terms of your contractual agreements (collaboration, licences, franchise,) are respected ? Defense of IP rights Do you monitor to any eventual infringement of your IP ? Did you set-up a system to monitor counterfeiting ? Has the company foreseen actions or a defense procedure in case of infringement of any of its IP rights? Did you ever engage actions (ADR, UDRP, law pursuits...) for the defense of your IP rights ? Do you use the information available in databases to analyze your environment for IP matters ? Did you set-up competitive intelligence/watch (competitors monitoring) activities? Are the results of this monitoring exploited in the framework of the IP rights management (markets of your competitors for example)? Information monitoring

1 2 3 4

Have you ever thought, in case of problem, to the cost of losing any of your IP right ? Have you set-up an IP strategy ? Did you perform a financial evaluation of your IP rights and other intangible assets ? Did you analyze the efficiency of the choosen protection mean that have been set-up ?

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