1. Shipbuilding Intellectual Property Protection CESA/GuardSHIP Rotterdam, 4 February 2010

2. Why are we different? Shipbuilding specific production logistics Shipbuilding specific production logistics Sensitive business relations Sensitive business relations Rules and regulations Rules and regulations

3. Multiple leakages I

4. Sensitive business relations Current practice: IP/confidentiality clauses rarely being discussed Current practice: IP/confidentiality clauses rarely being discussed Common attitude of the owner: If I buy the ship, I have also the property right of all the technical data of the ship... Common attitude of the owner: If I buy the ship, I have also the property right of all the technical data of the ship... If IP disputes=> Do you dare to sue your client who takes 30% of your sales??? And in the market situation now??? If IP disputes=> Do you dare to sue your client who takes 30% of your sales??? And in the market situation now???

5. IP protection unfriendly regulatory environment IMO: design transparency v. IP protection Article 5ter of the Paris Convention: extra burden to shipbuilding IPR enforcement

6. Time for changes Market Crisis => More free-riders want your knowledge now!!! Changes are needed: In your daily operation; At your management; and Join forces at European level

7. Join forces! Join forces! Dedicated shipbuilding IPR competence Dedicated shipbuilding IPR competence Use political influence and PR Use political influence and PR Practical and cost-efficient services Practical and cost-efficient services Change the mind-set in the industry: IPR violation is theft! … and undermines the whole community Introducing GuardSHIP ®

8. Services offered Handbook – practical guidance Handbook – practical guidance Patent and market monitoring Patent and market monitoring Consulting on company IP policy Consulting on company IP policy Infringement counteraction support Infringement counteraction support IP planning and consortium agreement for EU funded research projects IP planning and consortium agreement for EU funded research projects IPR Brokerage IPR Brokerage GuardSHIP label GuardSHIP label

9. Handbook Provides practical guidance for daily work Provides practical guidance for daily work Part I – conceptual session: Part I – conceptual session: Problem description, definition of terms and instruments Part II – practical session: Guidance by yard departments Standard contract terms for various business relations Bi-annual amendments

10. Yard information flow

11. Measures to manage IP leakage risks External: Project managers / project management department: centralized filing of technical details and communication with clients Project managers / project management department: centralized filing of technical details and communication with clients Supervisory team of the client: listen to the instruction of project managers and keep the shop floor clean Supervisory team of the client: listen to the instruction of project managers and keep the shop floor clean Inspection team from Class: only provide what is required by rules and regulations Inspection team from Class: only provide what is required by rules and regulations External consultants: strengthen IP clauses External consultants: strengthen IP clauses Clients: challenge the usual practice Clients: challenge the usual practice IP position of suppliers: did they register our IP without our consent? IP position of suppliers: did they register our IP without our consent? R & D projects: clearly define background and foreground and IP planning; do not disseminate the newest invention in public before it has been filed and published for IPR protection R & D projects: clearly define background and foreground and IP planning; do not disseminate the newest invention in public before it has been filed and published for IPR protection General security and IT security: did I lock my computer during lunch break? General security and IT security: did I lock my computer during lunch break?

12. Measures to manage IP leakage risks Internal: Company (group) IP policy, strategy and compliance rules: throughout all projects (contracts) and business units Company (group) IP policy, strategy and compliance rules: throughout all projects (contracts) and business units A centralized knowledge library: central management and protection A centralized knowledge library: central management and protection A dedicated body: responsible for managing the centralized knowledge library, communicating technical information to third parties, and public dissemination A dedicated body: responsible for managing the centralized knowledge library, communicating technical information to third parties, and public dissemination Clear communication among all departments: e.g. company IP portfolio, any IP/confidentiality agreement etc. Clear communication among all departments: e.g. company IP portfolio, any IP/confidentiality agreement etc. Confidentiality agreements with: employees, internships (limited access) Confidentiality agreements with: employees, internships (limited access) Strengthened IT security for all departments Strengthened IT security for all departments

13. Guidelines for technical department Dos Pre-contract phase Introduce IPR items when collecting all the expertise and knowledge within the company during the tender process Introduce IPR items when collecting all the expertise and knowledge within the company during the tender process Take IPR issues into consideration when cooperating with suppliers during the tender process Take IPR issues into consideration when cooperating with suppliers during the tender process Require potential clients to sign confidentiality agreement when passing tender materials and other sensitive information Require potential clients to sign confidentiality agreement when passing tender materials and other sensitive information Limit the scope of information passing to the potential client to the extend that it is necessary to serve the tender purpose Limit the scope of information passing to the potential client to the extend that it is necessary to serve the tender purpose Pay attention to IP related contractual terms when participating in negotiations with clients, suppliers and class Pay attention to IP related contractual terms when participating in negotiations with clients, suppliers and class

14. Guidelines for technical department Dos Construction phase Educate specific IPR items when a new order is received Educate specific IPR items when a new order is received Introduce IPR items in the on-going project review ensuring flow of information to all involved departments if there are any changes during the project Introduce IPR items in the on-going project review ensuring flow of information to all involved departments if there are any changes during the project Cooperate with suppliers on IPR concerns when integrating innovative products Cooperate with suppliers on IPR concerns when integrating innovative products Require third parties (e.g. suppliers, class, clients) to comply with confidentiality terms when passing sensitive information and materials Require third parties (e.g. suppliers, class, clients) to comply with confidentiality terms when passing sensitive information and materials Always document and file the new knowledge that has been created with clear date and company name Always document and file the new knowledge that has been created with clear date and company name Always mark the company name, copyright claim and very important: confidentiality statement on documents Always mark the company name, copyright claim and very important: confidentiality statement on documents Restrict the accessibility to the offices where it is feasible Restrict the accessibility to the offices where it is feasible Regularly renew the password of the terminals or introduce a personal check-in card Regularly renew the password of the terminals or introduce a personal check-in card

15. Guidelines for technical department Dos After sales phase Pay attention to potential IPR infringement when communicating in the market place and by conducting regularly patent monitoring Pay attention to potential IPR infringement when communicating in the market place and by conducting regularly patent monitoring Consider IPR items in the after-project review which might be recorded as part of the company best practices Consider IPR items in the after-project review which might be recorded as part of the company best practices

16. Guidelines for technical department Donts Do not release more information than necessary to third parties Do not release more information than necessary to third parties Do not disseminate information (e.g. general arrangement plan, drawings, photos, technical details) on the newest company invention in public (e.g. conference, seminar, press) before such invention has been filed and published for IPR protection Do not disseminate information (e.g. general arrangement plan, drawings, photos, technical details) on the newest company invention in public (e.g. conference, seminar, press) before such invention has been filed and published for IPR protection Do not pass information on the company invention or any other sensitive information to any third parties without signing a confidentiality agreement Do not pass information on the company invention or any other sensitive information to any third parties without signing a confidentiality agreement Do not give advice to ex-clients about current projects Do not give advice to ex-clients about current projects

17. When others infringe our IP rights Always consult legal experts Always consult legal experts In case of an unregistered process, identify whether it is possible to file for IPR registration in the country(ies) where the infringement takes place In case of an unregistered process, identify whether it is possible to file for IPR registration in the country(ies) where the infringement takes place Identify infringers and how and where infringement took place and take appropriate measures Identify infringers and how and where infringement took place and take appropriate measures Define a strategy: immediate complaint letter to the infringer or collecting more supporting evidence; settlement or legal procedures Define a strategy: immediate complaint letter to the infringer or collecting more supporting evidence; settlement or legal procedures In certain cases, a media campaign can serve the battle against the infringer In certain cases, a media campaign can serve the battle against the infringer

18. Are you facing IP complaints? Answer complaint letter in a friendly and neutral way Answer complaint letter in a friendly and neutral way Check whether complainant holds IPR to the disputed technology Check whether complainant holds IPR to the disputed technology Review business and contractual relationship with the complainant with regard to the technology in question Review business and contractual relationship with the complainant with regard to the technology in question Conduct market position, corporate image and financial risk analysis of all parties involved Conduct market position, corporate image and financial risk analysis of all parties involved