Transcript IP Authority or service company? The Swiss Federal Institute of Intellectual Property as an example Roland Grossenbacher Director General, Swiss Federal Institute of.

IP Authority or service company?
The Swiss Federal Institute of Intellectual Property as an example
Roland Grossenbacher
Director General, Swiss Federal Institute of Intellectual Property
WIPO Global Symposium of IP Authorities
Geneva, 17-18 September 2009
07.11.2015
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The Institute’s Tasks
Patents, trademarks, designs and copyright
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Preparation of legislation
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Granting of intellectual property rights
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Advising the Swiss government and other Federal
authorities on matters of intellectual property
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Representation of Switzerland in international
organisations
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Technical cooperation
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Private sector services such as patent, technology and
trademark searches
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The Swiss Federal Administration
Parliament
Government (Federal Council)
Ministry of
Foreign
Affairs
Ministry of
Home
Affairs
Ministry of
Justice &
Police
Ministry of
Defence &
Sport
Ministry of
Financial
Affairs
Ministry of
Economic
Affairs
Ministry of
Transport
& Energy
Justice
Police
Migration
Metrology
Public Prosecutor
Comparative Law
Intellectual Property
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History
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1879 First Swiss Federal Law on trademarks
1880 Swiss Federal Trademark Office
1888 Swiss Federal Office of Intellectual Property
6 members of staff
budget of CHF 65,000
1996 Swiss Federal Institute of Intellectual Property
250 members of staff
budget of CHF 55,000,000 (€ 37m)
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Becoming Autonomous
1 January 1996
Federal Office of
Intellectual Property
Division of the
Ministry of Justice
and Police without
any managerial
autonomy
Federal Institute of
Intellectual Property
 Federal public institution
 no privatisation
 still part of the civil service
 Independent legal entity
 own budget (separate from the
federal budget)
 own staff regulation
 own pension fund
 Political role
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Shaping the Institute’s Autonomy Model
Supervision: Parliament and Federal Council
Political hierarchy
Operational hierarchy
Parliament
Institute Council
Federal Council
Board of Directors
Ministry of Justice and
Police
External Auditor
Subordinate
Autonomous
Director General
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The Institute Council (Supervisory Board)
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Supreme body for business management matters
Appointed by government (Federal Council)
9 members: representatives of the Federal Administration,
science and interested circles
Nominates the additional members of the Board of
Directors (besides the Director General)
Approves budget, accounts and annual report
No influence on political issues
No influence on sovereign decisions of the Institute (e.g.
registration of trademarks)
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The Director General
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Threefold role
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Political
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Managerial
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Chairman of the Board of Directors
Institute practice
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chief advisor to the Minister and government on all IP matters
reports directly to the Minister
depends on political instructions
defines the Institute’s practice for sovereign decisions (e.g.
trademark practice)
Appointed by the government (Federal Council)
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External Audit
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Appointed by the Federal Council
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Currently the Swiss Federal Audit Office
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Two regular audits per year
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Additional audits on specific matters
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Financial Autonomy
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Independent from the federal budget
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no public contribution
surpluses  reserves
No cross-subsidisation between sectors
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Autonomy in Staff Matters
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Full responsibility for employing personnel
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Own flexible regulatory framework
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Contract-based employment
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Performance-oriented salary system
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Own pension fund
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Salary Structure

Reflects the success of the Institute
and the degree to which individuals
meet goals defined in the target
agreement

Reflects the level of congruence
between the job specification
and the profile of the employee
Performance component
+ max. 10/15/20%
Qualification component
+ max. 40%
Basic component
100%
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 Reflects the evaluation of
a specific function in
terms of the job
requirements
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Summary: The Three “Pillars” of the Institute
Political activities
Sovereign activities
Preparation of
intellectual property
legislation
Granting, publication and
administration of
protection titles
(trademarks, patents,
designs, topographies)
Representation of
Switzerland at an
international level
Supervision of the
copyright collecting
societies
Advise political
authorities
Services according
to private law
Technology and patent
information
Trademark searches
Training
Technical cooperation
Financed by fees
Decisions subject to
judicial review
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No compensation by the
Confederation
Binding instructions from
Minister / government
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 Charged at market price
Regulated by market;
subject to competition
law
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Conclusion
Wide range of high
quality services
Domestic
matters
International
matters
Political
influence
Efficient, effective
and economical
management
Modest fees
Independence in
sovereign
decisions
IPI
Coherent
practice
No burden for the taxpayer
No paying out of fees to the government
Favourable basic conditions for the Swiss economy
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