Panel Discussion at the MyIPO-JIPII Joint Seminar in March 6, 2018
Moderator gives the greetings and thanks all participants who still remain. It is decided
they will receive questions from the floor to the speakers.
He mentions that education and awareness is an ongoing process, it cannot be done as afixed idea, therefore the ideas discussed today are very important.
Moderator wants to hear from the speakers that when you talk about awareness, every
program leads to a result. He would like to know what kind of expression is needed
when you develop an IP awareness program.
Japan:What is the most important thing is to continue. It is important to change the mindsetof the public and it is not easy. Also, society is changing. I was discussing with Mr.
Carapeto about internet, about the links that allows access to content for free. With that,
authors of comics won’t be able to survive and there will be no more creation of contents
that you can enjoy. One thing is the mass of people and making them aware that there
are IP rights, and this is a huge effort and in Japan we still do it after 100+ years. Also,
we have to focus on the current issues in order to make people aware that there areproblems within the development of new technologies.
Malaysia (MyIPO):
What I would like to add on is that in order to know if awareness is a success in eachcountry you look at the date. In Malaysia the foreign app is over domestic app, but themore you do. But if you look at statistics, you see that domestic applications are again
over the foreign application. Another thing it never ends. It is so difficult to do it
because IP is not compulsory, so you need to create a conscious that it is important andyou should reach them.
Thailand:One way of seeing it is if there is a reduction in counterfeit goods. That is a show ofsuccess. But another question that you have to think is how to make them think. You
need to make people realize that they need to invent and respect other inventors at thesame time. Some years ago I have joined a training course in Japan and he made apaper tower training, and you would have to think how to create the highest paper
tower - and it is interesting to forte innovative thoughts. That helps to create that tocreate something you need to think this.
MODERATOR: From the discussion, we need to results from such promotion of IPawareness. From what Okuyama said, the change of the public mindset - this is aresult.
QUESTION:I am a lecturer from a local public university and we strongly encourage to educate on
how to commercialize our research. So many of us who succeed in filing and granting,but few of us commercialize. Currently, a colleague of mine that has a patent granted
and it is not commercializing, said that his patent is being infringed. The company
reached the technology from publication, because the patent is published after 6 months.
What was the action to be done?
Malaysia (MyIPO):
When it comes to infringement, you are the IPO. When someone infringes it, you can go
to the courts to stop the infringement to stop the third party. You can negotiate to alicense of use.
Malaysia (Lawyer):
There is a commercial remedy. I would think that there is a legal way that costs a lot ofmoney. And if there is no money. But you can alert him that upon grant he will have topay a lot of money. From a practical point, the university would not put money.
Brazil:In other countries, this kind of happening also occurs. Using the example of Brazil, inmany times the researcher would do an effort to start a litigation in order to improvethe bargaining power in negotiation. In this way, he can have a better stance innegotiating licensing fees etc. Actually, in some cases, the company that is infringing
would even buy the patent/technology all together.
MODERATOR: The point here is the cost management. This is basically the same everytime.
QUESTION:Is MyIPO able to support anyway?

MODERATOR: No, it is important to know that acquiring IP rights is one kind ofstruggle. However, enforcement is another one completely different and although wecan provide general information, it is difficult for MyIPO to be proactively involved insuch kind of situations.
QUESTION:
I am from PETRONAS, what drive the economic development of Southeast Asian
countries, but I think this is still ongoing. What are the issues in the next step of thisframework.
MODERATOR: In other words, how to make IP help economy in your countries?
Indonesia:
We know the benefits of filing IP, but what are the risks? We are very optimistic about
IP. Especially in Indonesia, it is interesting that consumers do like well known
trademarks, but they avoid to use TM that have been through litigation. Even though itis a known mark, some consumers will try to use "safer” marks. Being in the courts is agood thing but sometimes you lose consumers. That is why in the new law in TM, GIand C, the non litigation procedures are being encouraged before going to the courts. We
have a lot of patents in Indonesia, but only 10% is Indonesian and only 5% can becommercialized. There is a big risk to encourage academics of Indonesia to register.
There are some inventors that also uses technology for social services, even though they
are not profitable. We need to think how to help patents to have value, even if it is notcommercial value.
Another thing, our colleague from Vietnam, to create a system of IP Awareness, we needto know if it’s effective or not. Even children like to imitate rather than creating
something. We can see that in Asian countries we like to imitate, to respect our seniorsand parents. Not finding ourselves. Our challenge is inside ourselves as Asian countries.
Not to imitate but creating something new.
MODERATOR: To conclude, our institution needs a better understanding of IP, so weneed a larger exposure to IP knowledge. Our universities need more money, so we needto exposure us to greater amounts of knowledge of commercialization.
I thank all the speakers and panelists.