2009
FICPI
Basel, Switzerland
FICPI Strategic Plan
2
FICPI Strategic Plan
2009
FICPI
S
TRATEGIC
P
LAN
2009
C
ONTENTS
3
FICPI Strategic Plan
2009
4
FICPI Strategic Plan
2009
5
FICPI Strategic Plan
2009
FICPI
V
ISION
2009-18
At a time when the value of IP worldwide is on the rise, with an associated increase in challenges to the system,
FICPI will move to enhance the organisation’s global position as the voice of the world’s highest quality IP
professionals.
FICPI will actively pursue an expanded base of membership without compromising the current high standards
for entry. Similarly, FICPI will work to improve steadily the working skills of the membership, as well as the
influence of the organisation and its members in relevant fora, both professional and as advocates for its
members’ clients and for the IP system overall.
FICPI will also take steps greatly to enhance its communications worldwide, and will expand the organisation’s
use of and presence on the Internet.
In order to assure success in these undertakings, FICPI will adopt more formalised internal development
methods, including a calendar-driven planning cycle, and will encourage the national Associations and Sections
to do the same.
G
OALS
I.
L
EADERSHIP
To take a leading role in advancing and stimulating improvements in both the profession at large and the
members’ professional impact on society.
II.
M
EMBERSHIP
To increase the percentage of highly qualified attorneys who choose to participate in FICPI.
III.
B
RANDING
To stimulate globally a greatly enhanced understanding and working impression of the value of FICPI .
IV.
S
KILLS
To be a primary force in improving the professional capabilities of the membership worldwide.
V.
O
PERATIONS
To identify and implement more effective operational and administrative measures throughout FICPI.
6
FICPI Strategic Plan
2009
I.
L
EADERSHIP
FICPI will take a leading role in advancing and stimulating improvements in both the profession at large and
the members’ professional impact on society
.
Representation of the Free Profession
IP Law Development
Promotion of Best Practices
Excellence in Government Relations
Fully Cooperative Alliances with Sister Organisations
R
EPRESENTATION OF THE
F
REE
P
ROFESSION
FICPI's assertion to represent the "free profession" internationally is predicated upon a clear definition of
FICPI's "Aims" as well as upon having a membership which may be seen objectively to be genuinely
"representative".
By the "
free profession
" is meant IP attorneys working in private practice (either as business-owners, sole
practitioners or employed persons) whose primary business is the provision of IP services, especially the
acquisition of registered IP rights, for third parties; as opposed to IP attorneys working for corporate or
governmental entities whose primary business is something other than the provision of IP services to third
parties. Although the latter are "IP professionals", their fiduciary duty to their employers means that they are
unable to stand for the body of IP attorneys whose livelihood derives from the provision of IP services to more
than one client. Many “in-house” IP professionals will also lack experience in private practice. Members of the
"free profession" are, in principle, independent and capable of acting for any client, subject to ethical
considerations, including conflicts of interest
D
EVELOPMENT OF
N
ATIONAL
S
ECTIONS
It is widely recognised by patent offices, international organisations dealing with IP and others that IP
attorneys are essential for the efficient operation of the IP system. Most patent offices will say, at least
anecdotally, that they could not operate if the majority of applicants were represented by themselves. As
such, it may readily be seen that the "free profession" of IP attorneys represents an essential, core element of
the IP system at large, which requires representation at the national and international levels as a true, primary
stakeholder in the IP system. FICPI uniquely provides that representation at the international level. FICPI's
national Sections and Associations also provide representation of the free profession at the national level.
One area of focus will be the development of membership, typically by way of further national Sections. FICPI
cannot purport to represent the profession at the international level without playing its part in developing the
profession around the world. FICPI is under-represented in certain regions. A "hunting list" has been
1
EXCO/US02/BUR/010
7
FICPI Strategic Plan
2009
established, but efforts are needed in many areas to raise the profile of FICPI. Specific countries will be
identified and meetings/seminars arranged with professionals in those countries to encourage membership.
In some countries (
e.g.
, India) the individual members are ready for the establishment of a national Section.
However, the membership in other countries (
e.g.
, in Russia, southeast Asia, Latin America and Africa) is less
well-developed or established, and more work is needed to establish and subsequently develop national
Sections in such countries. This is evidently a task for the
Contact Commission
. An enhanced presence in
Thailand, Indonesia and Malaysia is desirable, as that region develops its IP practice. Additional members in
Poland, the Czech Republic, Hungary, Slovenia, Cyprus, Turkey and Lithuania should be encouraged to provide
strong representation in an expanded EU.
In the meantime, FICPI needs to ensure that it is able effectively to represent its members in those countries
that do not have a delegate on the ExCo. Until national Sections are established, such representation might be
provided at a regional level where appropriate.
Greater contact with such members and potential members will be facilitated by undertaking selected
missions to their countries and regions. This is a matter for the Bureau in cooperation with the Contact
Commission.
G
OVERNMENT
R
ELATIONS
FICPI’s representation of the profession is manifested primarily in its relations with governmental and
intergovernmental bodies interested in intellectual property. Article 2(6) of FICPI's Statutes provides that FICPI
should aim "
To establish and maintain trusting and cordial relations with official or private international
organisations existing in the field of Industrial Property or called upon to deal with questions of Industrial
Property
." Relations with national IP offices are predominantly through FICPI's national Sections and
Associations, as well as through individual members, and whilst this is strictly outside the purview of FICPI as
an international organisation, the Bureau will work,
inter alia
through the ExCo, to encourage such relations
and will continue to develop strong ties at the international level to the pre-eminent national IP offices,
namely those in the US and Japan, especially having regard to their role in the Trilateral Cooperation.
At the international level FICPI will continue to develop its strong relationships with WIPO, the WTO, the EPO,
the European Commission and other "
official or private
" international organisations.
A regular calendar for meetings with international and selected national offices (e.g., USPTO, JPO, SIPO) will be
established by the Secretariat.
FICPI will continue to intervene in international proceedings in accordance with Article 2(5) of the Statutes,
including attendance at the regular and
ad hoc
programmes of WIPO. By ‘international’ in this context is
meant proceedings having an impact beyond a single country. It is thought that this is already handled well by
the CET.
FICPI's relations with national and international IP organisations is also enhanced through its Colloquia
(Rome, 2001; Nice, 2003; Amsterdam, 2007; Miami, 2008) which provide an opportunity at a high level for a
constructive dialogue between the profession and such organisations. The Bureau will formally plan on
organising such Colloquia at regular intervals,
e.g
., biennially.
E
UROPEAN
C
OMMISSION
Connections with the European Commission have historically been limited to DG Internal Market & Services,
which has primary responsibility for developing IP laws within the EU. However, other DGs have interests in
intellectual property matters (
i.e.
, DG Trade, DG Research and DG Enterprise & Industry) and whilst
relationships have now been established with these other DGs, efforts will be made to strengthen those.
8
FICPI Strategic Plan
2009
FICPI's
European Members Commission (EUCOF)
will be reinvigorated to facilitate relations with the European
Commission and other pan-European organisations interested in intellectual property (
e.g.,
the European
Parliament).
A strengthened EUCOF Commission might also provide support to FICPI members in "smaller" European
countries where the profession is weaker (
e.g
., Belgium), especially following the introduction of the London
Agreement. In this sense, the Bureau will consider developing the EUCOF Commission to provide regional
representation of FICPI members within Europe.
WTO
The
TASC Commission
was originally established to build relations with the WTO. However, as the WTO is an
international organisation, there is no longer any need to provide for such relations outside of the Bureau.
Accordingly, the TASC Commission will be disbanded, and responsibility for developing relations with the WTO
will fall to the Bureau, in a similar manner to other international organisations, such as WIPO.
Insofar as the work carried out by the WTO pertains to the development of "
administrative or legislative
reforms and [...] improvements to international treaties and conventions, with the object of facilitating the
exercise by inventors and industrialists of their rights, of increasing their security, and of simplifying procedure
or formalities
,"
However, insofar as the work of the WTO pertains to the profession itself, such as the regulation of
professional services, then this will be followed by another Commission of FICPI established for that purpose (a
new "
Practice Excellence
Commission
" – “
PEC
”). In this regard, it is noted that prior to 2006, FICPI had a DOC
Commission, responsible for "Documentation, Organisation and Communications." Documentation is now
handled within the established Secretariat, and there is a dedicated Communications Commission. However,
there is a need for a Commission to handle "Organisation" and related matters, such as professional standards,
best practices and the conduct of the profession at the international level.
then this will be studied by the CET.
The proposed PEC Commission will also monitor the activities of other free trade organisations such, for
example, as NAFTA.
S
ISTER
O
RGANISATIONS
FICPI's position of "Leadership" is also related to the question of its relationships with "sister" organisations
such as AIPPI,
etc
. Accordingly, the question of "Alliances with Sister Organisations" comes under the heading
of "
Leadership
". The strategic development of such alliances is a matter for the Bureau. In this connection,
FICPI will endeavour to support its sister organisations where FICPI considers that it is valuable to do so,
including attending such other organisations' meetings on a regular basis.
2
Statutes, Article 2(4)
9
FICPI Strategic Plan
2009
FICPI has limited resources, but is in a position to influence others and to provide quality commentary. To
ensure consideration of those ideas and enhance their adoption, FICPI will cooperate with other international
IP organisations on a strategic basis and will adopt a leadership stance, for instance in the informal NGO
coordination committee.
10
FICPI Strategic Plan
2009
I.
L
EADERSHIP
:
O
BJECTIVES
O
BJECTIVE
A:
R
EPRESENTATION OF THE
F
REE
P
ROFESSION
I
NITIATIVE
1:
D
EVELOPMENT OF
N
ATIONAL
S
ECTIONS
(i)
Further national Sections will be established.
(ii)
FICPI will work towards the establishment of a national Section in India.
(iii)
Consideration will be given to the establishment of additional national sections in Eastern Europe (
e.g.,
Lithuania, Russia, Poland, Slovenia), Turkey, Cyprus, Southeast Asia (
e.g.
, the Philippines, Thailand,
Indonesia, Malaysia), Central and South America (
e.g.
, Paraguay, Ecuador) and Africa.
(iv)
Missions will be undertaken to selected countries and regions to promote greater contact with members
and potential members.
Owner: Contact Commission
I
NITIATIVE
2:
R
EPRESENTATION OF THE
P
ROFESSION IN
N
ON
-E
X
C
O
C
OUNTRIES AND
R
EGIONS
(i)
Measures will be implemented to ensure that FICPI is able effectively to represent its members in
countries that do not have a delegate on the ExCo. Such representation could be provided at the regional
level and this possibility will be investigated.
Owner: Contact Commission
I
NITIATIVE
3:
S
UPPORT FOR THE
P
ROFESSION IN
E
UROPE
(i)
The EUCOF Commission will be strengthened to facilitate support for FICPI members in "smaller"
European countries where the profession is weaker, especially following the introduction of the London
Agreement.
(ii)
Consideration will be given to regional representation of FICPI members within Europe through the EUCOF
Commission.
Owner: EUCOF
O
BJECTIVE
B:
IP
L
AW
D
EVELOPMENT
I
NITIATIVE
1:
I
NTERVENING IN
I
NTERNATIONAL
P
ROCEEDINGS
(i)
FICPI will continue to intervene in international (as defined) proceedings in accordance with Article 2(5) of
the Statutes, including attendance at the regular and
ad hoc
programmes of WIPO.
(ii)
FICPI will follow the work of WIPO, WTO and other international organisations, including the Trilateral
Cooperation, that pertains to the development of "administrative or legislative reforms and [...]
improvements to international treaties and conventions, etc."
Owner: CET
3
Administrative or legislative reforms, international treaties and conventions,
etc
., pertaining to IP as an asset,
e.g.
, licensing, patent pools,
etc
., will fall within the remit of CET Group 10.
11
FICPI Strategic Plan
2009
O
BJECTIVE
C:
P
ROMOTION OF
B
EST
P
RACTICES
I
NITIATIVE
1:
P
RACTICE
E
XCELLENCE
C
OMMISSION
(“PEC”)
(i)
A new PEC Commission will be established to study, develop positions and make recommendations
regarding matters of professional practice such, for example, as professional standards and best practices,
continuing professional development, the profession as a business,
etc
.
Owner: Bureau
I
NITIATIVE
2:
L
AWS
&
R
EGULATIONS THAT
A
FFECT THE
P
ROFESSION
(i)
The work of WTO, other free trade organisations (
e.g.
, NAFTA) and other official or private international
organisations that pertains to the profession itself will be followed.
Owner: PEC Commission
O
BJECTIVE
D:
E
XCELLENCE IN
G
OVERNMENT
R
ELATIONS
I
NITIATIVE
1:
EUCOF
(i)
The EUCOF Commission will be reinvigorated to facilitate relations with the European Commission and
other pan-European organisations interested in intellectual property, e.g., the European Parliament,
INGO, etc.
(ii)
Measures will be taken to strengthen FICPI's relations with other DGs at the European Commission (
i.e.
,
DG Trade, DG Research and DG Enterprise & Industry).
(iii)
Consideration will be given to creating a Vice President of EUCOF role with particular responsibility for
DG Markt.
Owner: EUCOF
I
NITIATIVE
2:
R
ELATIONS WITH
N
ATIONAL
P
ATENT
O
FFICES
(i)
National Sections and Associations will be encouraged to strengthen their relations with their respective
national industrial property offices.
Owner: Bureau
I
NITIATIVE
3:
C
ALENDAR OF
O
FFICIAL
V
ISITS
(i)
A regular calendar for meetings with international (WIPO, WTO) and selected national industrial property
offices (USPTO, EPO, JPO,
etc
.) will be established by the Secretariat.
Owner: Secretariat
I
NITIATIVE
4:
C
OLLOQUIA
/“T
HOUGHT
L
EADERSHIP
”
(i)
Colloquia on topics of interest to the profession and its members’ clients will be organised at regular
intervals,
e.g.
, biennially.
Owner: Bureau
I
NITIATIVE
5:
TASC
C
OMMISSION
(i)
The TASC Commission will be disbanded, and responsibility for following the work of the WTO that
pertains to the development of “
administrative or legislative reforms, etc
.” will be continued by the CET.
12
FICPI Strategic Plan
2009
(ii)
The work of the WTO that pertains to the profession itself (
e.g.
, GATS) will be followed by the new PEC
Commission as stated under C.2(i) above.
Owner: Bureau
O
BJECTIVE
E:
F
ULLY
C
OOPERATIVE
A
LLIANCES
W
ITH
S
ISTER
O
RGANISATIONS
I
NITIATIVE
1:
L
EADERSHIP
W
ITHIN THE
IP
C
OMMUNITY
(i)
FICPI will cooperate with other international IP organisations on a strategic basis.
(ii)
FICPI will support its sister organisations, where it is beneficial for FICPI to do so, and will be regularly
represented at a high level at such other organisations’ meetings.
(iii)
FICPI will adopt a leadership stance in the informal INGO coordination committee.
Owner: Bureau
13
FICPI Strategic Plan
2009
II.
M
EMBERSHIP
The percentage of highly qualified attorneys who choose to participate in FICPI will increase.
Further Clarified Criteria for and Expectation of Membership
Benchmarking of Standards Among Sections/Associations
Enhanced Support for Applicants from Developing Countries
Enhanced Engagement with Members
Greater Understanding of / Steps to Assure Member Satisfaction
Expanded and Enhanced Referral and Information Network
The development of a strong and geographically widely-based membership is critical to the objective of
asserting FICPI's leadership role in the profession. FICPI cannot justifiably assert such a role if its membership
is not seen to be representative of the free profession around the world.
Membership of FICPI has evolved along national lines. Changes to the profession are breaking down these
boundaries, and the membership criteria may need to reflect this. Particular attention should be paid to multi-
national and multi-disciplinary practices.
D
EVELOPMENT OF
E
XISTING
N
ATIONAL
S
ECTIONS AND
A
SSOCIATIONS
FICPI membership in some national Sections and Associations remains static or dormant. A new
Membership
Commission
will be created which will be chaired by a member of the Bureau, possibly the Vice President. The
primary remit of the Membership Commission will be to increase the membership of FICPI generally. The
Membership Commission will comprise the Presidents of the Contact and Admissions Commissions as standing
members as well as delegates. The Secretariat will maintain a list of membership issues for review by the
Membership Commission.
New members will be encouraged with active participation in FICPI functions. At least one member
per
firm
should be a goal for national groups provided the necessary quality of member is maintained. It also has to be
14
FICPI Strategic Plan
2009
recognised that FICPI cannot interfere in the operation of its national groups. Support and encouragement for
national activities should be provided. The ExCo country reports should continue to focus on local activities as
well as changes in law and practice.
M
EMBERSHIP FEES
Article 24.1 of the Statutes provides that the annual subscriptions for the National Associations and Sections
shall comprise a fixed subscription and a subscription proportional to the number of members of the National
Association or Section. Article 24.2(b) provides that the "proportional subscription" may be reduced when an
Association or Section has a certain number of members exceeding first, second and third limits. This
membership fee structure and the actual numbers for the first, second and third limits will be reviewed, with
the aim of providing a greater incentive for members of a national Section or Association to increase their
number to the benefit of all members of the National Section or Association.
C
RITERIA FOR
M
EMBERSHIP
From the results of the online poll carried out shortly before the Sydney ExCo (2008), it is noted that the
majority of respondents (which was considered to be generally representative of the membership at large) felt
that the requirements to be a member of FICPI were about right (89.5% of the votes). As such, there does not
seem to be a need to redefine the criteria for membership of FICPI. However, insofar as there is a need to
clarify the criteria for membership, then this is a task for the new
Membership Commission
.
C
ATEGORIES OF
M
EMBERSHIP AND
T
RADE
M
ARK
A
TTORNEYS
More broadly, the potential for new categories of membership, for example related to other forms of IP, will
be studied. The new Membership Commission will also give consideration to the possibility of extending
membership of FICPI to other IP professionals, particularly trade mark attorneys. The Membership
Commission will work with the national Sections and Associations on these questions. However, the Bureau
currently feels that membership of FICPI should not be extended to IP practitioners that do not spend the
majority of their time working on the acquisition of industrial property rights, that is to say the preparation,
filing and prosecution of applications for registration of IP rights.
There does appear to be anecdotal evidence at least that many potential members of FICPI are unaware of
what FICPI stands for or does or of FICPI's requirements for membership. Nevertheless, this would appear to
be an external communication or "
Branding
" matter and is dealt with below.
B
ENCHMARKING OF
S
TANDARDS AMONG
S
ECTIONS AND
A
SSOCIATIONS
It is observed that the criteria for membership of FICPI may vary somewhat as between the respective national
Sections and Associations. A benchmarking study will be carried out to identify such differences.
S
UPPORT FOR
A
PPLICANTS FROM
D
EVELOPING
C
OUNTRIES
FICPI also needs to be able to respond to requests for assistance from potential members/applicants in
countries where the profession is less well developed to raise the level of training and education and
professional standards there.
Until national Sections are established, it seems reasonable that such assistance might be provided at a
regional level where appropriate. The
TEC Commission
will propose additional measures for providing training
and education to potential members in countries and regions where the profession is less well developed,
including the remote delivery of education/training programmes,
e.g., via
the Internet.
15
FICPI Strategic Plan
2009
E
NGAGEMENT WITH
M
EMBERS
It is vitally important that FICPI improves the level of engagement with its existing members. At the
operational level, this is self-evidently a matter principally of internal communication, which is dealt with in
greater detail under "
Operations
" below. However, in addition to providing
Representation
of the profession
(see above), greater attention needs to be paid generally to the delivery of value to the membership. The
proposed new
Membership Commission
will be tasked
inter alia
with the job of drawing up a list of areas and
activities where FICPI does and does not deliver such value to its membership and should develop
methodologies for obtaining feedback from the membership in relation to such areas and activities. Generally,
FICPI will look to increase the quality of its services to members (
e.g.
, the Newsletter) and a study will be made
as to how to increase attendance at FICPI's Open Fora and Symposia.
In addition, the proposed
PEC Commission
will take a lead in matters of continuing professional development,
the internal promotion of standards and the promotion of best practices, working in relation at least to the
former with the
TEC Commission
. (See above under "
Leadership
").
The
Membership Commission
will be charged with reviewing and strengthening FICPI's referral and
information network. It might also be the role of the Membership
Commission to provide general support to
the membership when called upon for such. Questions of professional ethics, especially disputes between
members, should continue to be referred to the
Deontology Commission
.
16
FICPI Strategic Plan
2009
II.
M
EMBERSHIP
:
O
BJECTIVES
O
BJECTIVE
A:
C
LARIFIED
C
RITERIA FOR AND
E
XPECTATION OF
M
EMBERSHIP
I
NITIATIVE
1:
C
RITERIA FOR AND
C
ATEGORIES OF
M
EMBERSHIP
(i)
The criteria for membership of FICPI will be reviewed and, where necessary, clarified.
(ii)
The eligibility of trade mark attorneys for membership of FICPI will be reviewed and recommendations
made.
(iii)
The potential for new categories of membership will be studied.
Owner: Membership Commission
I
NITIATIVE
2:
B
ENCHMARKING
O
F
N
ATIONAL
S
ECTIONS AND
A
SSOCIATIONS
(i)
A benchmarking study will be carried out to identify differences in the criteria for membership of FICPI as
between different national Sections and Associations.
Owner: Membership Commission
O
BJECTIVE
B:
D
EVELOPMENT OF
N
ATIONAL
S
ECTIONS AND
A
SSOCIATIONS
I
NITIATIVE
1:
M
EMBERSHIP
F
EES
(i)
The current membership fee structure provided for by Article 24 of the Statutes will be reviewed and
recommendations made for revising such structure and/or the limits or amounts provided thereunder
with the aim of incentivising members of National Sections and Associations to increase their number.
Owner: Membership Commission
O
BJECTIVE
C:
A
SSISTANCE FOR
P
OTENTIAL
M
EMBERS
/A
PPLICANTS IN
D
EVELOPING
C
OUNTRIES
I
NITIATIVE
1:
T
RAINING AND
E
DUCATION
(i)
Measures for providing training and education to potential members/applicants in countries and regions
where the profession is less well developed, including the remote delivery of education and training
programmes
via
the Internet will be considered. Such assistance might be provided at the regional level
where appropriate.
Owner: TEC Commission
O
BJECTIVE
D:
E
NHANCED
E
NGAGEMENT WITH
M
EMBERS
I
NITIATIVE
1:
N
EWSLETTER
(i)
The content, format, schedule and delivery of the Newsletter and other bulletins will be reviewed and
recommendations for improvement made.
Owner: Communications Commission
I
NITIATIVE
2:
A
TTENDANCE AT
O
PEN
F
ORA AND
S
YMPOSIA
(i)
Consideration will be given as to how to increase attendance at FICPI's Open Fora and Symposia.
Owner: Communications Commission, TEC Commission and PEC Commission
17
FICPI Strategic Plan
2009
I
NITIATIVE
3:
P
ARTICIPATION IN
FICPI
F
UNCTIONS
(i)
Membership of FICPI will be encouraged by active participation in FICPI functions.
Owner: TEC Commission and PEC Commission
O
BJECTIVE
E:
U
NDERSTANDING OF
/S
TEPS TO
A
SSURE
M
EMBER
S
ATISFACTION
I
NITIATIVE
1:
D
ELIVERY OF
V
ALUE TO THE
M
EMBERSHIP
(i)
A list of areas and activities where FICPI delivers value to its members and where it is perceived to fail to
do so will be drawn up.
(ii)
Methodologies will be developed for obtaining feedback from the membership in relation to such areas
and activities.
Owner: Membership Commission
O
BJECTIVE
F:
E
XPANDED AND
E
NHANCED
R
EFERRAL
&
I
NFORMATION
N
ETWORK
I
NITIATIVE
1:
R
EFERRAL
N
ETWORK
(i)
Ways in which FICPI's international network of IP attorneys may be expanded and enhanced for the
mutual benefit of its members will be studied, and recommendations will be made.
Owner: Membership Commission
I
NITIATIVE
2:
I
NFORMATION
N
ETWORK
(i)
Consideration will be given to ways in which FICPI's international network of IP attorneys can be leveraged
to provide a better source of detailed, expert advice on matters of national/regional IP law and practice
for the benefit of the membership.
Owner: Communications Commission
18
FICPI Strategic Plan
2009
III. B
RANDING
A greatly enhanced understanding and working impression of the value of FICPI globally will be stimulated.
Further Clarify and Internally Promote FICPI Standards of Excellence
Enhanced Global Image
External Communication/Press/Internet
There are two aspects to "
Branding
", namely the promotion of FICPI's Global Image and the Clarification and
Internal Promotion of FICPI's Standards. In relation to the latter, there are two different, but related, kinds of
standards: (i) FICPI's criteria for membership and (ii) the continuing standards of professional excellence that
are applicable to FICPI members, both of which are dealt with above under "Membership". The question of
External Communication is properly a matter of
Operations
, and is dealt with below.
On the Global Image front, FICPI evidently suffers from a branding problem. This is alluded to above, where it
is mentioned that there is at least anecdotal evidence that many IP professionals around the world are simply
unaware of the existence of FICPI or what it stands for. This is a serious deficiency, and FICPI will take steps to
define and promote its brand. This is a matter for the
Communications Commission
.
FICPI will take steps to develop its "corporate identity." The image of FICPI is dependent upon a common
corporate identity and a clear line of authority. Templates for letterheads, newsletters, bulletins and other
official FICPI documents and style-guides for their use will be established, preferably by external corporate
communications consultants. A style-guide consistent with this will also be developed for use on the FICPI
website. The corporate identity will be devised in consultation and with the approval of the
Bureau
and other
senior members of FICPI who are able to enunciate what FICPI stands for and its ‘brand values’.
The
Communications Commission
will be asked to draw up an action plan for promoting the FICPI brand
globally, including, for example, a selective advertising campaign and targeted sponsorship of relevant events.
For instance, FICPI may reinforce its presence by placing material in magazines and journals that enhance the
reputation of FICPI and encourage enrolment. A number of informational advertisements may be desirable.
An advertising budget will need to be established.
In pursuing these initiatives, the special and unusual aspects and rules of the IP profession will be taken into
account, as well as the pluralistic nature of FICPI, particularly the cultural differences between members of
Latin, Asian or Northern origin who form the various national Sections and Associations and their different
approaches to any given action or problem, this diversity being one of the most valuable assets of FICPI. As a
consequence it is inevitable that any specific initiatives for promoting the FICPI brand will originate from within
the Federation with the agreement of the ExCo before being passed to external consultants where
appropriate.
19
FICPI Strategic Plan
2009
FICPI will also consider joining with international organisations such as WIPO, the EPO and OHIM in sponsoring
the, now annual,
IP Summit
that is held in Brussels by
Premier Cercle
The clarification and internal promotion of FICPI's standards of professional excellence will be a task for the
new
PEC Commission
that is proposed above. In this connection, all FICPI members might be provided with
background information and marketing materials on FICPI, since many members make presentations to or
meet potential new members during the normal course of business. Some materials are already available, but
are not widely distributed. An information pack might be developed explaining FICPI's membership criteria, its
work and goals. The Internet will doubtless play a significant part in this initiative.
. FICPI will endeavour to communicate
the brand message that it stands for an essential element of the IP system, namely the "free profession", and
is not "just another" organisation with a general interest in IP issues. FICPI will consider engaging the services
of an outside design agency or corporate communications consultant to provide advice in relation to this
important matter. For instance, consideration will be given to engaging a professional marketing/promotion
consultant, and an estimate of the likely costs associated with this will be acquired.
4
20
FICPI Strategic Plan
2009
III. B
RANDING
:
O
BJECTIVES
O
BJECTIVE
A:
E
NHANCED
G
LOBAL
I
MAGE
I
NITIATIVE
1:
D
EFINE
&
P
ROMOTE
B
RAND
(i)
FICPI's corporate identity will be developed.
(ii)
Templates for letterheads, newsletters, bulletins and other official documents and style-guides will be
created.
(iii)
An action plan will be drawn up for promoting the brand globally. This might include advertising in
magazines/journals or sponsorship of events. An advertising budget will be established.
(iv)
Consideration will be given to engaging a professional marketing/promotion consultant.
(v)
Specific marketing/promotional initiatives will be originated from within FICPI with the approval of the
ExCo before being developed or carried out by external consultants (where appropriate).
Owner: Communications Commission
O
BJECTIVE
B:
I
NTERNAL
P
ROMOTION OF
S
TANDARDS
I
NITIATIVE
1:
I
NFORMATION
P
ACK FOR
M
EMBERS
(i)
An information pack will be developed explaining FICPI’s membership criteria, its work and goals. The
pack will contain
inter alia
background information and marketing materials on FICPI.
(ii)
All FICPI members will be provided with a copy of the information pack.
(iii)
Relevant information will be posted on FICPI’s website.
Owner: PEC Commission
21
FICPI Strategic Plan
2009
IV. S
KILLS
FICPI will be a primary force in improving the professional capabilities of the membership worldwide.
Acknowledged Strength in Training/Education
Key Role in Professional Development / Enhancement
Promotion of Advanced Practice Management Methods
Skills
is an area of critical importance to the long-term health and vitality of FICPI as an organisation. The
Criteria for Membership
of FICPI, mentioned above, set FICPI apart from other international non-
governmental organisations interested in IP (
e.g.
, AIPPI). Government proposals, such as the Community
patent and the recent proposal by the French government to merge the two professions of IP attorneys and
barristers into one, raise the question of what is an IP attorney. If the independence and standing of the
profession is to be enhanced or preserved, and if courses are to be properly structured, then it is necessary to
have a clear idea of the appropriate criteria that qualify a person as an IP attorney. A workshop was held at
the Cape Town ExCo (2000) to consider the resolution
At a time when the general value of intellectual property is on the rise, producing great strains on the IP
system, there is a need for FICPI to define and assert high standards of professional
competence - the hallmark of FICPI. FICPI will resist government efforts to lower qualification standards. The
FICPI brand will be developed as a "badge of quality" for IP professionals around the world.
passed by the ExCo in Cannes (1988) and to refine it.
In Seville (2007), the ExCo adopted a resolution urging that in order to maintain the status and profile of the IP
profession, “...
measures should be taken to protect and strengthen an independent, self-regulating, well-
qualified profession of patent attorneys in all countries and regions, including the provision of a legally
protected title for patent attorneys who have acquired the requisite specialist skills and experience, and the
maintenance and publication of an official register of patent attorneys
As an adjunct to this, FICPI will provide the opportunity and resources to enable these criteria to be achieved.
The status of FICPI depends upon the establishment of recognised qualifications and training programmes.
”. FICPI will therefore work to guide
policymakers at the national and supra-national levels to establish appropriate qualification criteria and
professional designations.
5
Resolution 1 of the Cannes EXCO (1988) urged the authorities of all countries:
(
1) to publish a list of officially recognised qualified practitioners in intellectual property matters,
(2) that such official recognition should be accompanied at least by the right to use a protected
denomination;
(3) that such official recognition should not be obtained without passing an official examination after
periods of:
(a) theoretical training in Intellectual Property Law; and
(b) practical training under the supervision of a qualified practitioner
.
6
EXCO/ES07/RES/001 “
Recognising the Unique Skills of the Patent Attorney Profession
”