IP/C/W/705  
 
20 October 2023  
(23-7077) Page: 1/3 
Council for Trade -Related Aspects of   
Intellectual Property Rights  Original: English  
 
  
INTELLECTUAL PROPERTY AND INNOVATION:  
INCUBATORS AND ACCELERATORS ' SUPPORT OF START -UPS OPERATING IN A CROSS -
BORDER ENVIRONMENT  
COMMUNICATION FROM CANADA; THE EUROPEAN UNION; HONG KONG, CHINA; JAPAN;  
SINGAPORE; SWITZERLAND; THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , 
KINMEN AND MATSU ; THE UNITED KINGDOM AND THE UNITED STATES OF AMERICA  
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1  INTRODUCTION  
1.  Start-ups play a key role in innovation and job creation, whether locally, nationally or 
internationally. Giv en that start -ups often have few resources at the outset and during the early 
stages of their development, it is often important that they seek support from a variety of sources.  
2.  These can include incubators and accelerators. Their assistance is particular ly useful with 
start-ups that are not sufficiently aware of intellectual property (IP).  
3.  After defining the concepts of incubators and accelerators, this submission will explore how 
incubators and accelerators can support the development of start -ups in reg ard to IP and help them 
to integrate into the cross -border economic marketplace.  
2  DEFINITION OF INCUBATORS AND ACCELERATORS  
4.  Although there is no official definition of the terms "incubator " and "accelerator ", we note that 
incubators and accelerators have a common objective: to offer programs to support start -ups as 
they establish themselves and take their first steps into the economic market place.1 
5.  An incubator is an entity, often not-for-profit, which may be attached to a university, a company 
or a venture capital fund.2 Involved in the founding and very early development of start -ups, its 
initial aim is to help start -ups survive and grow by developing a viable  business  strategy.3 Incubators 
not only provide start -ups with office space, but also offer legal and financial advice4, as well as 
assistance to  help them develop  and implement their business plan.   
6.  An accelerator,  which is  in principle understood as a for-profit entity w hich takes an ownership 
stake in start -ups, comes into play at a later stage  of business development , when start -ups have 
already been created.5 Business -experienced m entors and coaches support start-ups to prepare for 
and adapt to th e challenges they fac e when entering the market, for example by helping them 
 
1 European Commission/OECD, Policy Brief on Incubators and Accelerators that Support Inclusive 
Entrepreneurship, p. 3.  
2 WIPO (2021). Enterprising Ideas: A Guide to Intellectual Property for Startups, p. 69.  
3 Giourka Paraskevi, Kilintzis Pavlos, Samara Elpida, Avlogiaris Giorgos, Farmaki Polytimi, Bakouros 
Yianni s, A Business Acceleration Program Supporting Cross -Border Enterprises: A Comparative Study, p. 4.  
4 Ibidem.  
5 European Commission/OECD, Policy Brief on Incubators and Accelerators that Support Inclusive 
Entrepreneurship, p. 6.  IP/C/W/705  
 
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  compete effectively for venture capital funding. The  intensive  programs offered by accelerators are 
generally shorter in duration than those offered by incubators.6  
3  INTELLECTUAL PROPERTY -RELATED SUP PORT PROVIDED BY  INCUBATORS AND 
ACCELERATORS  
7.  Incubators and accelerators can play a significant role in raising start -ups' awareness of IP. 
Through a range of training and coaching courses, these entities not only explain to start -ups the 
importance of pr otecting their innovative products or of creating a brand for the promotion of these 
products when entering the market , but also show them how IP rights can signal to potential national 
or even international investors that a start-up hold s promising value7 and thus may offer an 
attractive investment opportunity . 
8.  A number of incubators and accelerators offer programs – in particular on the management of 
an IP portfolio – that will help start -ups to grow both nationally and beyond national borders. A good 
example is Villgro Africa , an incubator in Kenya specializing  in health and technology . Villgro Africa  
offers a number of programs whose geographical scope extends beyond Kenyan start -ups.8 Aware 
of the importance of the knowledge -based economy , Villgro Africa  is particularly keen to make start -
ups aware of the nee d to protect their knowledge as early as possible using tools such as trade 
secrets and patents.9  
9.  In a global economy, it is beneficial for the programs offered by incubators and accelerators to 
be open to start -ups abroad in order to stimulate the excha nge of knowledge  across -borders and  
enabl e innovation in recognition of the important role played by  IP rights  in protecting this 
innovation . Moreover, the range of start -ups and ideas that incubators attract can lead to  
collaboration on  innovative concept s and technologies, fostering solutions that transcend national 
borders, strengthening the global competitiveness of start -ups and at the same time serving as an 
effective way to address global challenges such as climate change.  
10.  However, both incubators an d accelerators often lack staff dedicated to IP, which means that 
they are not always able to deliver sufficient human resources to start -ups, or even materials such 
as guides relating to IP and its management. Improvements in this area should be undertake n by 
incubators and accelerators, possibly with the help of the ir host  countries . Mutual support, 
cross-border exchanges and programs between incubators and accelerators from two or more 
countries – possibly supported by the national IP offices concerned or WIPO – could form an 
interesting platform for sharing know -how and building capacity with a view towards jointly fostering 
innovation in their countries. In this regard, as an example, reference is made to the recent 
organization of a workshop by WIPO a nd the Swiss Federal Institute of Technology Lausanne  (EPFL) 
Blaze Startups Accelerator to improve the IP strategy of the EPFL start -ups.10 During the workshop, 
student start -ups had the opportunity to learn how IP could help  their businesses. The sessions  
covered topics such as developing an IP strategy, successful examples of startups utilizing IP, and 
the risks associated with neglecting the IP system.11 
4  CONCLUSION AND GUIDING QUESTIONS  
11.  Incubators and accelerators can play a significant role in supportin g young business ventures 
in their start-up stage. In addition, incubators and accelerators can also increase start -ups' chances 
of success in a cross -border environment by advising them on the establishment of a sound and 
reliable I P strategy . 
12.  In this con text, Members are invited to share their own national experiences , for the discussion 
of which the following questions  may be of assistance : 
1. What IP challenges do start -ups face when they are involved in cross -border collaboration?  
 
6 Cohen S., Hochberg Y.V., A ccelerating Startups: The Seed Accelerator Phenomenon, p. 13.  
7 Document IP/C/W/692 , p. 3 §7.  
8 Omondi Paul, Villgro  Africa: helping health startups take their ideas to market, WIPO Magazine, p. 18.  
9 Omondi Paul, Villgro Africa: helping health startups take their ideas to market, WIPO Magazine, p. 21.  
10 WIPO, The WIPO – Blaze Startup Accelerator Workshop.  
11 Ibidem.  IP/C/W/705  
 
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  2. Do Members or their regi onal organizations have specific IP policies to encourage their 
start-ups to collaborate beyond national borders? If so, are incubators and accelerator 
programs part of these policies?  
3. Is IP one of the tools used by Members ' incubators/accelerators and, if  so, does it play a 
role in cross -border collaboration and how?  
4. What types of restrictions may start -ups face if they wish to license their IP to foreign 
entities (or conversely, how is this facilitated by incubators/accelerators)  
5. Are the programs offered by the incubators and accelerators located in the territories of 
the Members strictly national or regional?  
6. If incubators are housed within universities, do these universities have collaboration 
programs with universities in other countries?   
7. What plans do  incubators and accelerators have to better support start -ups in terms of 
IP? 
Bibliographical References  
Cohen, Susan and Hochberg, Yael V., Accelerating Startups: The Seed Accelerator Phenomenon 
(30 March  2014). Available at SSRN:  https://ssrn.com/abstract=2418000  or 
http://dx.doi.org/10.2139/ssrn.2418000  
European  Commission/ Organisation for Economic Co -operation and Development  (2019), "Policy 
brief on incubators and accelerators that support inclusive entrepreneurship ", OECD SME and 
Entrepreneurship Papers , No. 13, OECD Publishing, Paris,  https://doi.org/10.1787/d7d81c23 -en. 
Giourka Paraskevi, Kilintzis Pavlos, Samara Elpida, Avlogiaris Giorgos, Farmaki Polytimi, Bakouros 
Yiannis, A Business Acceleration Program Supporting Cross -Border Enterprises: A Comparative 
Study, Journal of Open Innovation: Technology, Market, and Complexity , Volume 7, Issue 2, 2021, 
152. 
Omondi Paul, Villgro Africa: helping health startups take their ideas to market , WIPO Magazine, 
June 2022. 
World Intellectual Property Organization, The WIPO – Blaze Startup Accelerator Workshop , 
23 June 2023.  
World Intellectual Prop erty Organization (2021). Enterprising Ideas: A Guide to Intellectual Property 
for Startups , Geneva: World Intellectual Property O rganization.  
WTO Friends of IP and Innovation , Intellectual Property and Innovation: Role of IP to raise finance 
for start -ups, document IP/C/W/692 , 29 September 2022.  
 
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