Intellectual Property Rights Reinhard Lüken CESA Secretary General Tripartite Beijing, 9-10 November 2008

Overview Introduction Ship Construction File GuardSHIP

Innovation creates business

Innovation solves problems

Innovation is investment in intellectual Property Innovation is investment in intellectual Property The return on investment is driving innovation The return on investment is driving innovation Many leakages = difficult & costly to prevent Many leakages = difficult & costly to prevent Yards pay little attention = invitation to business partners to take benefit Yards pay little attention = invitation to business partners to take benefit Return on Investment Maritime Industries & IPR: Careless by Tradition

Multiple Leakages

Tier II.10 Design transparency “Ships shall be designed under a reliable, controlled and transparent process made accessible to the extent necessary to confirm the safety of the new as-built ship, with due consideration to intellectual property rights. Readily available documentation shall include the main goal-based parameters and all relevant design parameters that may limit the operation of the ship” Likewise, Tier III.10 should be amended Ship Construction File

Draft Guidelines should be amended to reflect this “due consideration to IPR”. Focus on parameters that may limit the operation of the ship / confirm the safety of the new as-built ship. Due to unspecified expressions (e.g. “assumptions”, “conditions”, ”results” or “key factors”) the amount of information requested goes far beyond the scope defined by II.10 Ship Construction File

For Details please refer to: Joint submission by Japan and CESAJoint submission by Japan and CESA Complementary second submission by CESAComplementary second submission by CESA Please note: European Commission to host IPR workshop at IMOEuropean Commission to host IPR workshop at IMO Mandatory Ship Construction File

Join forces!Join forces! Dedicated shipbuilding IPR competenceDedicated shipbuilding IPR competence Use political influence and PRUse political influence and PR Practical and cost-efficient servicesPractical and cost-efficient services Change the mind-set in the industry: IPR violation is theft! Don’t let them get away with it! Introducing GuardSHIP ®

Services offered Handbook – practical guidance Handbook – practical guidance Consulting on IPR company policy Consulting on IPR company policy Patent and market monitoring Patent and market monitoring Infringement support Infringement support IPR Brokerage IPR Brokerage GuardSHIP label GuardSHIP label

Reference Case Suppliers, other owners etc. Info to third parties Yard A Ship Owner Y Tender Conceptual drawings + Comprehensive Spec. Yard B Contract This drawing is our property, it is not to be reproduced or shown to any third party without prior written permission. Competition law applies!

Reference Case Complementary to legal action:  develop independent case assessment  seek possible amicable solution  PR – naming & shaming  counteraction – any means available

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