   
  
IP/C/W/653  
 
23 May 2019  
(19-3577) Page: 1/3 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
INTELLECTUAL PROPERT Y AND INNOVATION:  
PUBLIC -PRIVATE COLLA BORATIONS IN INNOVAT ION - INNOVATIVE APPROACHE S TO 
ASSISTING IN BRANDIN G AND PROMOTION AND THE CREATIVE INDUSTR IES 
COMMUNICATION FROM AUSTRALIA; CANADA; CHILE; THE EUROPEAN UNION; JAPAN; 
SWITZERLAND; THE  SEPARATE  CUSTOMS TERRITORY OF TAIWAN, PENGHU, KI NMEN AND 
MATSU; AND THE UNITED  STATES  OF AMERICA  
The following communication, dated 23 May 2019, is circulated at the request of Australia; Canada; 
Chile; The European Union; Japan; Switzerla nd; The  Separate Customs Territory of Taiwan, Penghu, 
Kinmen And Matsu; and the United  States  of America . 
 
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1.  At the previous TRIPS Council meeting in February 2019, Members highlighted the importance 
of strong collaboration and cooperation among different stakeholders. Authoritative economic 
scholars propose the so -called "Quadruple Helix Model " of innovation1, which is described as four 
different sectors (Industry (Private), Government (Public), University / Institution (Academia) and 
Citizen / Media) intertwining with each other to promote innovation and its commercialization 
throughout societies. For the June 2019 TRIPS Council session, Members are invited to reflect on 
intellectual property and innovation in the context of Branding and Cr eative Industries, taking into 
account all various forms of public -private partnerships in IP promotion.  
2.  It is widely recognized, but often forgotten, that 'innovation ' does not necessarily mean 
'invention ' alone. Indeed, although there is a tendency to conceptualize innovation as exclusively 
the domain of high -tech fields, it is important to recall the definition of 'innovation ' by Schumpeter, 
as merely meaning a "process of industrial mutation, that incess antly revolutionizes the economic 
structure from within, incessantly destroying the old one, incessantly creating a new one ".2 As well, 
the 2005 Oslo Manual definition of "innovation ", which has been adopted by international 
organizations like WIPO and UNE SCO, similarly defines innovation broadly as "the implementation 
of a new or significantly improved product (good or service), or process, a new marketing method, 
or a new organizational method in business practices, workplace organization, or external 
relations ".3 It also does not only cover technologies, but covers practices and organisation in a 
context of broadening objectives towards Sustainable Development Goals.4 
                                                
1 Carayannis E.G. and Campbell D.F.J. (2009) “‘Mode 3’ and ‘Quadruple Helix’: toward a 21st century 
fractal innovation ecosystem”, Int. J. Technology Management, Vol. 46, Nos. 3/4, pp.201 -234. 
2 Śledzik K. (2013) “Schumpeter’s view on innovation and entrepreneurship” (in.) Management Trends 
in Theory and Practice, (ed.) Stefan Hittm ar, Faculty of Management Science and Informatics, University of 
Zilina & Institute of Management by University of Zilina.  
3 Organization for Economic Co -operation and Development (OECD) and Eurostat (2005). Oslo Manual: 
Guidelines for Collecting and Interpreting Innovation Data, 3rd Edition. Paris: OECD.  
4 OECD (2018), “Science, Technology and Innovation Outlook”: “ First, support programmes for public 
research and innovation face growing demand to demonstrate economic and societal relevance and impact . In 
particular, STI policy increasingly focuses on “challenges”, as governments seek to redirect technological 
change from existing trajectories to towards more economically, socially and environmentally beneficial 
technologies, and to spur complementary private STI investments. This shift has given impetus to a new era of 
“mission oriented” STI policy, with governments looking to work more closely with the business sector and civil 
society to steer the direction of science and technology towards specific goals.” https://read.oecd -IP/C/W/653  
 
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  3.  In view of this broad approach to innovation, it is therefore useful to examine the role  of creative 
industries and branding in this context. The 'creative economy '5 and more generally IP -intensive 
sectors have been robust, demonstrating resilience and in many instances growth, indicating that 
the creative economy and IP -intensive sectors hav e considerable potential for current and future 
investment.6 In particular, developing economies ' participation in the trade in creative goods has 
increased more than in developed economies.7 
1.1  Innovative Approaches to Branding and Promotion  
4.  In addition to t he key role of research and development in new technologies in the high -tech 
sector, recognizing and fostering the value of local products through a unique branding and 
promotion strategy at the national / regional level, as well as developing new creative  products and 
services, could be regarded as important sources of 'innovation ' in the creative economy going 
forward. Particularly in an era of urbanization - where 68% of the world population is projected to 
live in urban areas by 20508, a resilient innov ation policy, which includes unique regional and rural 
branding and promotion strategies will likely serve as important areas of focus in responding to 
changing economic and geographic contexts.  
5.  From another angle, the promotion of rural areas (e.g.  throu gh "local branding) may be achieved 
by strengthening partnership between public and private sectors, possibly by utilizing intangible 
assets such as IP rights. Possible examples of public -private collaborations in branding and 
promotion strategies at the n ational / regional level may include the following:  
a. Development and promotion of special unique IP -protected products or services that are 
produced or provided only in a specific geographic, which could increase tourism and its 
reputation, as well as boost  the local economy;  
b. Supporting creative industries and the promotion of IP -protected creations through 
funding or other means, such as hosting events, for example, a film festival, which could 
in turn attract investment, skilled workers and trade, adding b rand value to the city 's 
name9; and  
c. Public -private support for the utilization of intellectual property rights to advance overseas 
promotion of unique local products.  
6.  Besides having a strong national / regional branding and reputation, good industry brandi ng and 
promotion can help grow their business. However, many industries, especially with small and 
medium -sized enterprises (SMEs), may not have the expertise to build their own brands and promote 
their products. The public sector can help the private sect or to build and promote industries ' brands 
and reputation through various ways, e.g. consultancy services local support and promotion 
programmes, and assistance in promoting local industries ' brands and reputation overseas through 
events or campaigns.  
7.  It would be beneficial for Members to share their varying experiences on public -private 
collaboration in helping businesses grow through branding and promotion strategies so as to learn 
                                                
ilibrary.org/science -and-technology/oecd -science -technology -and-innovation -outlook -2018_sti_in_outlook -
2018-en# 
5 According to UNESCO, “the notion of the creative economy remains a very broad one as it embraces 
not only cultural goods and services, but also toys and games and the entire domain of research and 
development.” http://www.unesco.org/culture/pdf/creative -economy -report -2013.pdf  
6 Guide on Surveying the Economic Contribution of the Copyright Industries, 2015 Revised Edition, 
WIPO, https://www.wipo.int/edocs/pubdocs/en/copyright/893/wipo_pub_893.pdf  
7 Ibid. 
8 United Nations Department of Economic and Social Affairs (2018), “2018 Revision of World 
Urbanization Prospects” UN DESA, New York.  https://population.un.org/wup/  
9 Ooi C and Pedersen J.S ( 2010) “City branding and film festivals: Re -evaluating stakeholder’s 
relations”, Place Branding and Public Diplomacy Vol. 6, 4, pp316 -332. IP/C/W/653  
 
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  how the stakeholders and processes intertwine to promote innovation and ec onomic opportunities 
in this area. Members could take the following guiding questions into account:  
a. How does the public sector support the private sector through branding and promotion 
strategies at the national / regional level;  
b. How does the public sector  help the private sector grow through building and promoting 
businesses ' brands and reputation;  
c. What role should IPRs play in the context of local innovation and public -private 
collaboration; and  
d. What lessons could Members learn through the experience in creating their own and 
innovative models utilizing their local IPRs.  
1.2  Innovative Approaches to the Creative Industries  
8.  The creative industries, including the performing arts, fine arts, literary arts, design, media & 
entertainment industries, play an import ant role in enriching cultures and contributing economic 
value. In these industries, there are many budding artists and SMEs that may not be familiar with 
their IP rights, and how they can use their IP to grow their businesses. This is where the public 
sector can support them in growing their businesses through protecting and using IP. In addition, 
these effective and established partnerships advance the shared vision of economic activity to local 
regions and fostering creativity.  
9.  Members could discuss the following issues:  
a. How the public sector can help local artists and creative businesses grow their businesses 
through protection and use of IP as well as through adequate promotion strategies; and  
b. How the public sector can help the private sector develop ex pertise in IP management 
(e.g. training) and economic growth.   
 
 
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