Legal, Technical & Business Challenges

of IP RIGHTS EXPLOITATION

in Greece

10 POINTS

George C. PappasUS and EPO patent expert and attorney

licensed in US and UK

My TEN Points and Two Cents:1 of 10

O START-UPS, SPIN-OFFS, CLUSTERS and PATENT/IP LICENSING

______ Distinction and challenges –Greece perspective Importance of Patents on Economic Development Patents are key driver in stimulating FDI and

stopping Greek Brain Drain! US Patent only option for many Greek SMEs, yet

only handful of companies pursue; lack of information

My TEN Points and Two Cents:2 of 10

O Greek Law on Patents/OBI is outdated and insensitive to market needs

O …is Greek patent legal framework flawed and does it need to be revamped?

O Who should carry the torch for change: Greek Bar, OBI, judges, you, me, ΓΓΕΤ, ΥΠΑΝ, Research Centers, professors, funding policy creators, politicians, special interest groups?

O (i) National Greek Patent Strategy to focus on developing experts that will be trained in new endeavors associated with identifying, creating, and ultimately, commercializing IP.

O (ii) Creation of a Ministry of Innovation with permanent experts and funding resources to appropriately push through legislative measures to support the National Patent Strategy.

My TEN Points and Two Cents:3 of 10

O The problem of the judge advocate in patent litigation.

O Is there a misplaced desire in civil law practice to protect a party from less than competent representation of counsel at the expense of a loftier goal?

My TEN Points and Two Cents:4 of 10

PATENTS AS COMPANY CROWN JEWELS!

_________________The ART and SCIENCE

of Drafting A Patent Application

My TEN Points and Two Cents:5 of 10

O The patent lawyer as business partner, general counsel, and strategic visionary of an SME.

____________________Who would not want as its lawyer the best

entrepreneurial mind out there? Are we Greek lawyers taught or discouraged from giving business advice or entering into

business arrangements with clients?If so, are we in the end depriving our clients of the best “legal” advice possible for fear of

being charged with unethical conduct?

My TEN Points and Two Cents:6 of 10

IP Management & Strategy Considerations for Inventors and SMEs

_________The most important “business function” of the patent lawyer is to help client balance high costs of securing patent protection in the face of :

O (a) a lack of access to start-up capital; O (b) difficulty in securing access to non-Greek

markets; O (c) lack of access to experienced business

developers, technology –focused commercial lawyers, and other professionals; and

O (d) high risk of failure associated with founders who are launching a business for the first time.

My TEN Points and Two Cents:7 of 10

Lack of Experts problem and rational proposals. WITH PATENTS… YOU GET

WHAT YOU PAY FOR!!!

My TEN Points and Two Cents:8 of 10

O The problem of “too much” miss-information about patents

and the patenting process across all Greek technology

sectors.O !Ex: GREAT MYTH:

SOFTWARE IS UNPATENTABLE!!_____

A great majority of patent applications issued around the world are directed to computer implemented inventions. The failure of Greek ICT

companies to file and protect their IP could be costing the Greek economy Billions! Who is to Blame?

***EPO Case Law: “…programs for computers must be considered as patentable inventions when they have a technical character”.

My TEN Points and Two Cents:9 of 10

TECHNOLOGY LICENSING IN TODAY’s WORLD HAS BECOME MORE COMPLICATED THAN EVER BEFORE

___________O Unfortunately licensing is one area where most

lawyers learn from their mistakes. Can you afford to risk compromising your client’s company crown jewels by taking on a task you do not fully comprehend.

O MALPRACTICE INSURANCE should be mandated to force practitioners to seek out professional advice from their more experienced counterparts.

O Seek out a licensed patent attorney to review and sign off on any technology agreement involving the creation and/or of patent rights.

My TEN Points and Two Cents:10 of 10

O If your client says: “I think I want a patent”. STOP and seriously consider whether the next and only option is to direct them to the best EPO or US patent attorney out there you know. The client’s success is your success. A patent attorney will not and cannot ever eliminate the role of the generalist attorney, any more than a cardiologist can replace the pathologist, the neurosurgeon, or the dentist.

O Specialization is a key to a lawyer’s future success in today’s knowledge based economy. Get it wrong and your reputation is on the line. Why risk it!!!

THANK

YOU!