JIPA-Symposium Dr. Christian Hahner
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1 JIPA-Symposium Dr. Christian Hahner - GR/PI
2 Daimler offers worldwide a full range of automotive vehicles from 2 seater smart to 40 t Actros Main Brands: Note: Revenue Group 78.9 bn; Employees: 256,407; sales organization 47,625, Corporate/Others 5,297 2
3 Filing the patent for the first automobile 125 years ago our founders started a history of IP following the best or nothing We invented the automobile and are passionate about its future 3
4 IP is fully integrated into the R+D organization with offices around the world contributing to one IP-Portfolio Designs Brands Patents Domains Initial patent applications per year Patenterstanmeldungen pro Jahr - Portfolio: Portfolio: Brand applications per year Portfolio: Design applications per year Portfolio: Domain applications per year Portfolio: Based on data 2010 IP-Management and Technology monitoring in one organization 4
5 Chairman of the Board Dr. Zetsche Group Research & Mercedes-Benz Development Dr. Weber Board of Management Legal Dr. Hermann Group Research Product-s Prof. Bharat Close interaction of legal and technical IP resources Intellectual Property and Technology Management Dr. Hahner Legal Intellectual Property Patents Body, Safety, Manufacturing Patents Power train Patents Electronic and Driving Systems Trademarks, Domains Design Patents, IP Contracts Central Functions (incl Search) Technology Monitoring and Research Policy Legal Intellectual Property I Legal Intellectual Property II IP Office Japan IP Office China Locations Stuttgart, Stuttgart, Böblingen, Böblingen, Ulm, Ulm, Tokyo, Tokyo, Beijing Beijing Staff Staff People People thereof thereof IP-Attorneys IP-Attorneys 5
6 Challenge: Secure for a range of technologies with different regulatory premises worldwide e.g. powertrain 6 6
7 Worldwide generated IP filed in the name of Daimler AG is orchestrated by central IP office Daimler Research Center worldwide GERMAN PATENT AND TRADEMARK OFFICE*) Patents Brands Designs Domains Intranet-IP Databse available to all Daimler engineers worldwide Strategic filter to harmonize IP standards *) office for first filings may differ due to local legal requirements 7
8 Japan is 3 rd largest international filing country for Daimler EU 48% RoW 2% Daimler Patent Portfolio distribution worldwide in % US 33% China 4% Japan 13% facing some differences to the german IP system *) Daimler Data (without FUSO) 8 as of
9 Some Differences of Japanese and German IP System Request for examination: 7 years in Germany; 3 years in Japan (from filing) Separation of Search request and examination possible in Germany Prosecution Costs (filing, request for examination, registration) high in Japan => JPO: YEN (1.950 EUR) => DPMA: YEN (460 EUR) Challenging granting rate due to national Phase Search results Positive Search result from EPA (ISR) are often not valid in JP (new X and Y documents found in the national phase in JP) In average long Granting Time (after request for examination) COUNTRY JP US DE EP YEARS to Granting 3,3 2,4 2,7 2,6 Data: Daimler IP-Portfolio time period ; restricted to time from request for examination until grant of patent Automotive IP world is expanding 9
10 Growing importance of the chinese automotive market seems to go in line with chinese IP-activities Students starting to study engineering in Mio Distribution of worldwide patent filings In percentage % of worldwide number of patent filings Source: DB Research, Eurostat 2010; National statistics of China Source: WIPO 2011 Change in roles and tasks of central IP offices 10
11 For Automotive Industry innovation applies in different settings and is part of the business model SUPPLIERS / COMPETITORS Joint Projects or JVs Clash of business models Cross licensing SCIENCE / PUBLIC Public Research Centers/ Universities Public funded projects OPEN INNOVATION INNOVATION- WORKSHOPS Internet/Intranet Jam Creativity workshops STANDARDIZATION Input for standardizationprojects (e.g. FlexRay) Patent Pools OPEN SOURCE SOFTWARE Awareness for using conditions No infection of own software 11
12 Own training and development of IP-staff necessary to be prepared for the multiple tasks of a modern IP-employee Engineering education is prerequisite for patent attorneys Bar examinations for European and/or German patent attorney are offered via in-house and external trainings Costs for trainings and examination are paid by company in exchange to at least a 2 year binding to Daimler after finishing the exam Constant yearly update-trainings for the whole IP-team not only in law but especially in international IP-Management Difficult: bring legal, managerial and language-skills together Challenge is to stay competitive with law-firms 12
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