IP/C/W/678/Rev.1  
 
1 June 2021  
(21-4530) Page: 1/7 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
INTELLECTUAL PROPERTY AND INNOVATION:  
SUMMARY ON THE 2020 THEME – "MAKING MICRO SMALL AND MEDIUM -SIZED 
ENTERPRISES (MSMES) COMPETITIVE THROUGH IP AND INNOVATION " 
COMMUNICATION FROM AUSTRALIA, CANADA, THE EUROPEAN UNION, JAPAN, SWITZERLAND, 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU  AND THE 
UNITED STATES  
Revision  
1  INTRODUCTION  
1.  The WTO TRIPs Council discussed the topic of "Making MSMEs Competit ive through Intellectual 
Property (IP) and Innovation " throughout 2020 and in the first part of 2021. This submission 
highlights examples provided during the discussions and reiterates how MSMEs — which play a 
crucial role in the global economy as key driv ers of innovation, employment, growth, and trade — 
can make effective use of intellectual property rights (IPRs) to build their businesses. Under this 
theme, delegations have exchanged experiences related to trademark protection outreach and the 
use of the  trademark system for MSMEs; the development of IP management strategies for MSMEs, 
including combinations of IPRs, such as trade secrets, patents, and industrial designs; and how 
MSMEs can leverage IP to innovate, partner, and commercialize green technolo gy. 
2  MAKING MSMES COMPETITIVE THROUGH TRADEMARKS  
2.  Trademarks are the most widespread form of registered IP rights, offer benefits such as product 
distinction and protection against unfair competition, and are a critical element of branding and 
marketing. Alt hough trademark applications tend to be in a growth pattern worldwide, it was noted 
that many MSMEs still have not taken steps to apply for trademark protection because they lacked 
awareness and understanding of trademark protection, they believed filing p rocedures would be too 
complicated or costly, they lacked financial or human resources to support filing for trademark 
protection, or in some cases because a business did not understand it had a brand, reputation, or 
innovation to protect.  
3.  Several Members shared information about national initiatives and best practices that their 
governments and IP offices have employed to build the awareness of MSMEs and provide them with 
tools to protect their trademarks and maximize their commercial potential in the glob al marketplace.  
A number of national IP offices have created online IP "toolboxes " or contact touchpoints for 
entrepreneurs and MSMEs, which offer a range of resources such as factsheets, trademark search 
and application guides, videos, or even in -person a ssistance, all customized to address the unique 
challenges and needs of MSMEs. Several Members also described their government 's initiatives to 
provide financial support and mentorship programme s to MSMEs, which may have limited funding 
resources for IP re gistration activities, or efforts to improve efficiencies in national trademark filing 
systems to keep costs low and accessible.  
3  MAKING MSMES COMPETITIVE THROUGH INCLUSIVE PROTECTION OF VARIOUS IPR  
4.  Valuable IP portfolios may include various types of IP su ch as patents, designs, copyright, 
trademarks, and trade secrets. However, MSMEs often lack the awareness and understanding of how 
to develop their businesses through building and achieving a high -quality multi -layered IP portfolio IP/C/W/678/Rev.1  
 
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  composed of various type s of IP.  Governments are increasingly considering how to more effectively 
support MSMEs in expanding their operations through the strategic growth and diversification of 
their IP assets. Several Members highlighted programme s and initiatives offered by the ir national IP 
offices designed to assist individual inventors and MSMEs with protecting and commercializing their 
inventions, including through fee discount policies for small and micro entities for IP registration  
applications; a program me for cross -sectional "collective examination for IP portfolios " to grant 
multiple IP rights in a timely and coordinated basis; and development of "IP for business " audit and 
assessment tools and other IP pre -diagnostic services to help enterprises identify, understand, 
evaluate, and manage their IP and related assets in a more strategic manner and in the context of 
their specific business planning.  
5.  Members also not ed their efforts to address emerging areas where MSMEs need support in order 
to optimize their IP ownership, including providing education to MSMEs regarding IP -financing 
strategies and the associated considerations relevant to the types of IP within their  portfolio. Several 
Members highlighted programme s offering free or subsidized advisory services carried out by IP 
professionals to guide and advise individual MSMEs in important areas such as patent searches, 
application drafting and filing, IP management , commercialization opportunities including export 
assistance, and branding/marketing. It was also noted that the ability to effectively enforce IP rights 
is integral to the value of those rights, and several Members are exploring how to assist MSMEs, 
which may not have financial or legal resources to address infringement, with alternative means for 
solving legal disputes such as through arbitration and mediation services designed for MSMEs. 
Similarly, Members also noted a possible future trend of insurance  policies for legal expenses that 
may be incurred during IP infringement legal proceedings; this may be interesting for MSMEs and 
others with lean resources.  
4  SUPPORTING MSMES, LDCS/LMICS, AND GREEN TECHNOLOGY  
6.  Governments are increasingly building green te ch innovation into national strategic planning, 
including by establishing program mes and tools that aim to encourage and reward green inventions 
and their diffusion. A number of Members noted action plans, task forces, and funding. mechanisms 
they have est ablished that are focused on accelerating investments in R&D in the green tech sector 
and on incentivizing scientists, inventors, and entrepreneurs to push forward work on technologies 
to meet global climate and other humanitarian challenges.  
7.  MSMEs and start -ups provide critical and innovative solutions to real -world energy and climate 
challenges but often face challenges with strategic use of IP during the early phases of product 
development. Several Members shared their national IP offices ' positive experiences with providing 
personalized assistance with patent searches for green tech MSME inventors as well as prioritizing 
or accelerating application proceedings for patent applications directed toward green technologies.  
Members also discussed  the World Intellectual Property Organization (WIPO) GREEN platform and 
its role in facilitating the development and dissemination of green technologies by promoting 
matchmaking between environmentally sustainable technology providers and seekers. Governme nt 
agencies, industry groups, companies, and universities have the opportunity to be partners in WIPO 
GREEN, and MSMEs participating in WIPO GREEN can benefit from new opportunities for partnership 
through licensing, collaboration, joint ventures, and sale .  
8.  During the Friends of IP and Innovation -organized side event entitled "Supporting MSMEs, 
LDCs/LMICs, and Green Technology " held virtually on the margins of the March 2021 TRIPs Council 
meeting, Members and participants heard from expert panelists repres enting green tech start -ups, 
the United Kingdom 's IP office, the Climate Technology Centre and Network (CTCN), which acts as 
a knowledge broker for climate related technology, and two experts from the World Intellectual 
Property Organization (WIPO) who sup port MSMEs in their efforts to commercialize their green tech 
innovations and to build their businesses and use IP to their best advantage.  In addressing the two 
agenda items – "Improving MSMEs Use of the IP System " and "LDC/LMIC: Case Studies and 
Narrativ es", the speakers highlighted the following key messages:  
a. Although there is a growing interest among green innovators in looking at the global IP 
system to support their businesses, the type of support provided by institutions should be 
customized for MSME s as their needs will be quite different than those of large companies.  
Green tech start-ups, like other start -ups, must be agile and fast, and the patent application 
and granting process is deliberative and formal. IP support institutions should consider and 
explore how to best accommodate and serve start -ups. IP/C/W/678/Rev.1  
 
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  b. There is a crucial role for international organizations like WIPO and national IPOs and other 
support institutions to help build a bridge between green innovator MSMEs and their ability 
to efficientl y use the IP infrastructure to add value to their business. Similarly, as noted by 
the Director of the CTCN, partnerships are key to green tech diffusion, but MSMEs need 
support and technical assistance in how to engage in knowledge sharing and technology 
transfer, to enhance their ability to utilize and leverage the incentive framework.  
c. The panelist from a national IP office highlighted his office 's efforts to support green tech 
businesses through the establishment of specialized and strategic IP support s ervices such 
as outreach, business asset assessment, risk mitigation, expedited patent review for 
qualifying green tech inventions, and even dispute resolution assistance.  
d. Several start -up panelists also discussed the importance of IP in the green tech spa ce for 
attracting financial investment and support and subsequently establishing essential 
partnerships and licensing agreements. The start-up panelists also noted that, in their 
experience, having an IP portfolio increases the value of their start -ups for  investors, who 
are looking for something tangible that gives that start -up a distinction and advantage over 
other potential investments.  
9.  The presentations and discussions were important to help frame how IP protection can contribute 
to the efforts of MSME s and other businesses in the green tech area to develop and commercialize 
their innovations, and also to shed light on the real -world IP -related challenges and needs 
experienced by MSMEs regardless of their location. A resource guide was provided at the e nd of the 
event on the areas of IP outreach for MSMEs/SMEs and services to help increase the access and use 
of green tech. It was compiled in cooperation with WIPO, WTO and CTCN (annexed to the 
submission) . English, French and Spanish translations of the event can be found on the 
IP4Innovation FOII YouTube page.1 
10.  The 2020/21 theme exploring how Members can contribute toward "Making MSMEs Competitive 
through IP and Innovation " provided useful background and e xperience -sharing on the variety of 
policies and activities currently employed by governments, and ideas for what policymakers could 
be doing differently to better enable MSMEs in optimizing their use of the IP and innovation system.  
 
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1 https://www.youtube.com/channel/UCsJnHGlpvHE41dTb3o29RsQ  IP/C/W/678/Rev.1  
 
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  RESOURCES GUIDE  
IP SERVICES AND PROJECTS PROVIDED FOR MSMES IN ALL REGIONS, INCLUDING LMICS AND 
LDCS, WITH A FOCUS ON GREEN TECHNOLOGY INNOVATION  
MSMEs/SMEs:  
UNFCCC Climate Technology Centre & Network (CTCN)  
• Access one of the world 's largest online sources o f clean technology information at 
www.ctc -n.org  where you can find technology and product descriptions, case studies, national 
plans, technology webinars, etc. by technology sector and country.  
• Membership in The United Nations Framework Convention on Climate Change (UNFCCC) 
Climate Technology Network provides access to a diverse global community of climate 
technology decision makers, providers and financiers. The Network is comprised of academic,  
civil society, finance, private sector, public sector, and research entities, as well as over 160 
national government representatives. Membership is free and benefits include:   
 
Commercial opportunities: Access to competitive contracting opportunities to  deliver technical 
assistance on behalf of the CTCN   
 
Visibility: Broaden your organization or company 's reach by engaging in new projects and 
showcasing relevant experience, upcoming events, and information via the CTCN 's web platform, 
events & communica tion channels   
 
Connection: Network with national decision makers and thought leaders to expand your 
partnership opportunities and learn about emerging activities and areas of practice  
https://www.ctc -n.org/network   
 
World Intellectual Property Organizat ion (WIPO) "IP for Business " website for SMEs:  
https://www.wipo.int/sme/en/   
 
The WIPO IP for Business series of guides present the different IP tools in business -friendly 
language as well as demonstrate how they are relevant for business competitiveness.  The first four 
have been recently updated:  
https://www.wipo.int/publications/en/series/index.jsp?id=181   
 
WIPO IP Diagnostics is a web -based IP self -assessment tool for businesses and their 
intermediaries.  The tool works through two levels of questions.  The first screens the IP issues that 
are of relevance to that particular business and the second drills down deeper and then generates 
a report on the IP assets or the potential IP assets of the business and how they may be protected, 
managed, and exploit ed based on the responses received:   
https://www.wipo.int/ipdiagnostic/   
 
WIPO GREEN Licensing Checklist is designed for those involved in negotiating technology 
transfer license agreements and provides a checklist of key issues, which should be considered  
when negotiating and concluding such contracts.    
https://www3.wipo.int/wipogreen/en/resources/   
 
The WIPO Academy  offers a wide range of courses in intellectual property at both the general 
and more advanced levels. Courses are available in a range of languages and cover a full spectrum 
of IP topics, some of which are of particular relevance to MSMEs in developing an d least developed 
countries, as well as countries in transition.  https://www.wipo.int/academy/en/   
 
The WIPO Distance Learning Programme : 
https://www.wipo.int/academy/en/courses/distance_learning/  and 
WIPO  Summer  Schools:  https://www.wipo.int/academy /en/courses/summer_school/  are of 
particular relevance.   
All of the courses to be offered in 2021 can be found in the WIPO Academy Portfolio of Courses:  
https://www.wipo.int/publica tions/en/details.jsp?id=4535   
 IP/C/W/678/Rev.1  
 
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  GREEN TECH:  
WIPO Programme : IP Management Workshop on Environmentally Sound Technologies  
(June 2021) : WIPO GREEN and the IP and Innovation Ecosystems Sector will jointly organize an 
IP management workshop analysing  environmentally sound products and technologies. Bringing 
together innovators, entrepreneurs and industry leaders, we aim to discuss how enter prises can 
better utilize IP as part of their business strategies. We will look into patenting green technology as 
well as IP implications of branding products as environmentally -friendly. Companies presenting their 
product/technology will benefit from a s ystematic analysis by the organizers, feedback from experts 
in the field, and lessons learned by their peers. The discussion will also provide opportunities for 
networking and collaboration between the participating companies.   
https://www3.wipo.int/wipog reen/en/news/2021/news_0004.html   
 
WIPO GREEN Pro Bono Programme  coordinates  legal advice offered by partnering companies 
and is available to organizations that meet eligibility criteria of environmental impact, need for 
support, developing country residen cy, and market -based activity.  Further information on the 
process for application:  
https://www3.wipo.int/wipogreen/en/news/2021/news_0001.html   
 
WIPO GREEN Platform  (technologies, needs, experts) is an interactive marketplace that connects 
technology and  service providers with those seeking innovative solutions. WIPO GREEN consists of 
an online database and network that brings together a wide range of players in the green tech 
innovation value chain, and connects owners of new technologies with individual s or companies 
who might be looking to commercialize, license, or otherwise distribute a green technology.  
www.wipo.int/green   
 
WIPO Reports and Briefs on Green Tech:  A compilation of publications (case studies, magazine 
articles, guides), webinars, and tools regarding green tech and IP.  
https://www3.wipo.int/wipogreen/en/resources/   
 
WTO Webpage on TRIPS and Climate Change  provides information, publications and training 
material related to the role of IP, and the TRIPS Agreement in particular, in addres sing the 
challenges of climate change. It includes excerpts from the climate change discussions at the 
TRIPS  Council, materials from specialised symposia on Green Tech Diffusion, and background 
papers on the relevance of TRIPS provisions in the context of climate change.  
https://www.wto.org/english/tratop_e/trips_e/cchange_e.htm   
 
11.  The WTO e -TRIPS  Gateway  provides a single point of access to information related to the 
WTO Agreement on Trade -Related Aspects of Intellectual Property Rights (TRIPS Agreement). The 
Gateway provides improved transparency and user -friendly access to TRIPS -related documents and 
data.  
• Article 66.2 requires developed country Members to provide incentives to enterprises and 
institutions in their territories for the purpose of promoting and encouraging technology 
transfer  to LDC Members in order to enable them to create a sound and viable technological 
base. The annual reports and updates provided by Members on the incentives they provide can 
be searched by relevant terms (e.g. "green technology ") or technology categories to identify 
relevant programmes in this field.    
https://e -trips.wto.org/En/TypesOfDocuments/ImplementationOfArticle662Notifications   
 
• Article 67 of the Agreement requires developed country Members to provide, on request a nd on 
mutually agreed terms and conditions, technical and financial cooperation in favour  of 
developing country and LDC Members . The annual reports Members provide on the 
technical and financial cooperation programmes can be searched by relevant terms (e.g . "green 
technology ") to identify relevant programmes in this field.   
https://e -trips.wto.org/En/TypesOfDocuments/TechnicalCooperationActivitiesNotific ations   
 
UNFCCC Climate Technology Centre & Network (CTCN):   Access one of the world 's largest 
online sources of clean technology information at www.ctc -n.org where you can find technology and 
product descriptions, case studies, national plans, technology webinars, etc. by technology sector 
and country.  IP/C/W/678/Rev.1  
 
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  FOR POLICYMAKERS/GOVERNMENTS:  
WIPO Academy National IP Training Institutions (IPTI):  The WIPO Academy is working with 
a number of countries to support them in building their own national IP training capacit y. The U.S. 
Global IP Academy is also working with WIPO to further develop the IP training institution network. 
Many of these institutions offer programme s directed specifically for MSMEs. To find out if there is a 
WIPO IPTI in your area, check:  
https://www.wipo.int/academy/en/training_institutions.html   
 
Programme : Technology Scouting Makes Good Business Sense:   WIPO, in cooperation with 
the Global Solutions Summit and the ASEAN Committee on Science, Technology, and Innovation, 
organized two -hour virtual panel discussions – one on Technology Scouting and another on 
Technology Deployment. Technology scouting and deployment are key ingredients in development 
strategies, whether it is for developed countries in their quest for advanced technologies for climate 
change mitigation, for example, or developing countries on the road to transformation and 
sustainable devel opment. Scouting and deploying the right technology, tailored to the specific needs 
of regions, countries, and communities, contributes to transforming the economy by developing 
smarter, more productive, and competitive industries and services, and promoti ng sustainable, 
inclusive, and affordable access to necessities such as potable drinking water, off -grid electricity, 
renewable energy, food security, high -quality healthcare, and internet connectivity.   
 
The Programme , videos of both sessions, and other meeting documents are available at:  
https://www.wipo.int/meetings/en/details.jsp?meeting_id=60031   
 
The WIPO -WTO Colloquium Papers  is a peer -reviewed academic journal published jointly by the 
World Intellectual Property Organization and the World Trade Organization each year since 2010, 
providing a uniquely representative and diverse showcase for emerging IP scholarship from across 
the globe. The 2019 issue includes an article IP Regulations and Environmental Agreements: An 
Overview of the Brazilian  Green Patents  Service . 
All articles can be searched on the WTO | WIPO -WTO Colloquium Papers: articles search page  
 
The WTO Multilateral Environmental Agreement Matrix (MEA Matrix) , mandated by the 
Committee on Trade and Environment (CTE), compiles relevant information on trade -related MEAs. 
It contains a specific section on "Supportive measures, such as technology transfer, and financial or 
technical assistance under the provisions of the MEA " through which governments can understand 
what technology transfer mechanism are available under individual MEAs.  
  
The latest version of the matrix can be downloaded from the WTO website:   
https://www.wto.org/english/tratop_e/envir_e/envir_matrix_e.htm   
  
The main objective of the WTO 's TRIPS -related technical assistance  activities is to help 
members and observers implement an intellectual property (IP) regime that meets their 
developmental and other policy objectives in line with their domestic circumstances and priority 
needs. This can include national workshops on topi cs determined by the host country. WTO members 
eligible for trade -related technical assistance can submit requests for national activities through the 
WTO webpage : WTO | intellectual property (TRIPS) - technical cooperation  
  
The WTO TRIPS Agreement – A Practical Overview for Climate Change Policymakers:  IP 
issues have been discussed extensively in the work under the UNFCCC on technology development 
and transfer in view of the linkage between the IP system – patents in particular – and the 
development and d issemination of the technologies that will be vital to addressing climate change 
mitigation and adaptation. This paper provides a practical guide to the provisions of the 
TRIPS  Agreement that are most relevant to this discussion.  
https://www.wto.org/english/tratop_e/trips_e/trips_and_climate_paper_e.pdf   
  
UNFCCC Climate Technology Centre & Network (CTCN):  The CTCN provides technical 
assistance in response to request s submitted via National Designated Entities (nationally selected 
focal points), by mobilizing its global network of climate technology experts to design and deliver 
customized solutions tailored to local needs. Assistance includes:  
• Innovation support a nd collaborative RD&D facilitation    IP/C/W/678/Rev.1  
 
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  • Development of decision -making tools/data, and technology identification and 
prioritization    
• Feasibility and adaptation of technology options   
• Sectoral roadmaps and NDC implementation strategies    
• Policy and r egulatory guidance to create enabling environments    
• Piloting & deployment of technologies (including private sector engagement)    
 
De-risking, upscaling, and finance coordination https://www.ctc -n.org/technical -assistance  
 
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