   
  
IP/C/W/661  
 
24 January 20 20 
(20-0620) Page: 1/3 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
INTELLECTUAL PROPERT Y AND INNOVATION:  
SUMMARY ON THE 201 9 THEME  – PUBLIC PRIVATE COLL ABORATIONS IN INNOVA TION  
COMMUNICATION FROM AUSTRALIA; CANADA; C HILE; THE EUROPEAN U NION; JAPAN; 
SWITZERLAND; THE  SEPARATE  CUSTOMS TERRITORY OF  TAIWAN, PENGHU,  
KINMEN AND MATSU; AN D THE UNITED  STATES  OF AMERICA  
The following communication, dated 24 January 20 20, is circulated at the request of Australia; 
Canada; Chile; The European Union; Japan; Switzerland; The  Separate Customs Territory of Taiwan, 
Penghu, Kinme n And Matsu; and the United  States  of America . 
 
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1.  During its three sessions in 2019, the WTO TRIPS Council discussed the role that intellectual 
property (IP) plays in promoting innovation under the year -long theme of "Public Private 
Collabo rations in Innovation. " Each session focused on a sub -theme within the overarching topic, 
and highlighted how public -private partnerships spur innovations in research and development 
(R&D), assist in brand promotion and the creative industries, and aid in IP commercialization. This 
paper reiterates how IP creates and enhances collaborative frameworks and how those collaborative 
frameworks play a crucial role for innovations to be successfully developed and brought to market.  
1  R&D - COLLABORATION FRAMEWORKS  
2.  Governments are taking active and important steps to encourage research and development 
between the public and private sectors to solve today 's challenges, including strengthening national 
competitiveness and spurring economic growth.  Several WTO Members hi ghlighted examples of 
public -private collaborations specific to R&D, noting how both sectors possess different resources 
and expertise, which, when combined, complement each other and create market -oriented IP.  These 
types of partnerships have led to cutti ng-edge innovations in agricultural, medical and solar 
technologies, internet services, and navigation communications.  
3.  Discussions also centred on the types of government agencies tasked with fostering such 
partnerships, and national policies devoted to de veloping public -private collaborations in innovation, 
including funding and project mechanisms that commercialize innovate products for the benefit of 
the public. In addition, Members described public sector funding levels, as well as government and 
academ ia technology transfer programs that encourage working with the private sector toward a 
common goal.  Several Members provided data noting the links between R&D collaborations and the 
growth of GDP and jobs.  
2  ASSISTING IN BRAND P ROMOTION AND THE CRE ATIVE IND USTRIES  
4.   Discussions on the main topic broadened to include not only inventions, but also innovative 
approaches to assist in branding and promotion, and the support of creative industries.   
5.  Delegations highlighted national tourism and export market program s that boost firms ' brand 
awareness, as well as their cultural and creative products, both nationally and abroad. Many 
programs described use development grants, and target start -ups, scale -ups, agricultural producers, 
to promote national branding through IPRs in overseas markets.  Members also highlighted the use IP/C/W/661  
 
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  of consultancy services by government agencies to assist local businesses with strategic IP 
management, including branding.  
6.  With respect to the creative industries, members shared national experiences on effective and 
established partnerships that advance the shared vision of economic activity to local regions and 
foster creativity.  Interventions highlighted how particular studies on the growth of the creative 
industries and legislation to p romote audio -visual  production contributed to strengthening of these 
industries. Export programs were deployed to promote traditional cultural expressions, video games, 
literature and music, and many delegations noted the support provided to the creative a rts in the 
areas of film, television, documentary, digital media makers, entertainment software and local music 
artists.  Further, strategic partnerships related to educational and rehabilitative video gaming for 
particular segments of the public were ident ified, as well as audio -visual production and music hubs 
in certain local regions that have economically transformed communities.  One such partnership 
included interagency coordination and cross -border collaboration with private sector partners, 
demonstrat ing how these can play a key role in supporting a country 's and/or region 's creative sector 
development.  Lastly, discussion centred on how the public sector of WTO Member States has helped 
artists and small and medium -sized enterprises (SMEs) protect and e nforce their IP rights 
domestically and in key markets abroad, and how these creators used IP to grow their businesses 
and monetize digital and other royalties.  
3  IP COMMERCIALIZATION  
7.  In the final discussion on public -private collaborations, WTO Members prov ided numerous 
examples of how IP helped forge connections between collaborators in numerous forms, such as 
licensing, joint ventures, public procurement for innovation, and academic spin -offs from technology 
transfer offices to the private sector.  The valu e-added of IP and related innovations are made more 
meaningful when products and services are brought to markets. Consumers ' needs are addressed 
through commercialization and domestic markets realize technological and economic development. 
IP commercializa tion is therefore key, but challenges exist.  While universities and research institutes 
have a large number of innovation and R&D talents, they may lack the requisite commercialization 
resources and business expertise.  Meanwhile, the private sector has the  ability to manufacture, but 
may require the innovative and R&D talents available at a university, which itself may need to secure 
venture capital.  As a result, public and private sectors often complement each other through 
collaboration, and IP serves as a catalyst in bringing both sectors together to form partnerships.  
8.  IP helps to create the environment in which inventions can be commercialized in large part 
because the IP rights (IPRs) protected through commercialization enable parties to reap the 
econo mic benefits from their collaboration.  Without sound protection of the created IP, companies 
would not be willing to take the risk of commercializing an invention, nor would they likely receive 
the necessary financing.  It was noted that these collaboration s flourish in environments where 
private firms can operate without heavy government direction,  and where competition exists in the 
marketplace due to IP incentives.   
9.  WTO Members discussed national legislation and government funding that facilitate transfer s 
and/or licensing between public and private partners, and the resulting commercialization of 
technologies.  Interventions focused on areas of medical breakthroughs, mobile telecommunications , 
transportation and agricultural clean technology.  Discussion al so centred on national initiatives to 
connect SME businesses with public sector research organizations to assess knowledge through 
licenses, engage with researchers on their expertise, and foster innovation though 
commercialization. Networks and hubs of te chnology and innovation support centres were also 
highlighted as specific examples of IP commercialization support.  Other supportive initiatives 
include:  IP office sponsored consultations, roadshows for SMEs and universities on IP 
commercialization, protec tion and management; matchmaking programs between 
universities/research institutes and the private sector; funding support to local SMEs and start -ups 
for their first patent application to help with commercialization efforts; updating IP laws to keep pace 
with technological and commercial developments; fast -tracking applications for patent examination 
for financial technology and artificial intelligence patents; the world 's first mobile app for trademark 
applications to improve its services for applicants, and; IP financing of programs designed to help 
with IP valuation for SMEs.  IP/C/W/661  
 
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  10.  Some WTO members noted efforts to improve public -private collaboration gaps through national 
innovation policies, stressing that IP is an important component to improving the compe titiveness 
of high -tech industry sectors.   
11.  At the Friends of IP and Innovation -sponsored side -event on the margins of the October 2019 
TRIPS Council meeting, Members heard directly from four speakers and a moderator from the World 
Intellectual Property Org anization 's NGO and Industry Relations division on the central role of IP 
innovation in creating and enhancing public -private collaborations. The speakers featured the 
following key messages:  
• A representative from Singapore 's Partnership and Program Depart ment at IP Office 
Singapore discussed his department 's activities and platforms that help customers and 
partners meet their IP needs and bring innovations to market.  He noted the opportunities 
in helping to bring both the private and public sectors togethe r and highlighted the 
strategic planning and coordination that is involved when working collaboratively ;  
• A Swiss biotech start -up discussed its R&D partnership as a spin -off from the University 
of Lausanne, and how it obtained funding and advice from a federal innovation promotion 
agency to launch an innovative food preservation technology.  She noted the important 
role IP played in these collaborations ; 
• A Japanese brand owner discussed growing the domestic and export markets with the help 
of Japan 's trad e ministry, noting the opportunities and challenges in public -private 
mentorship system.  He noted the work of Japan 's trade ministry in trade promotion and 
legal advice on IP ; and  
• A US copyright legal professor working in non -profit organizations discussed  her work in 
providing  Louisiana artists, musicians and culture bearers with direct legal, business and 
advocacy services.  She highlighted the local networks in connection with music and 
cultural policy that were strengthened by IP protection.  
12.  All four of the presentations illustrated distinct examples of public -private collaborations leading 
to enhanced opportunities and innovation, with IP as an enabler of the collaborations.  
13.  The 2019 theme on Public -Private Collaborations in Innovation provi ded insightful context to 
WTO Members ' national policies, initiatives and platforms on this issue.  The discussions also provided 
helpful information on recent IP initiatives to support public -private partnership needs.  
 
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