Knowledge begins to take on a new dimension in the current forms of social organization that are emerging, it has thus begun to play an important role in society, the ability to generate knowledge about its reality and its environment, with the potential to apply it in the process to plan, conceive and build the future, through the effective use of this new knowledge assimilated and created in the permanent process of building society. In this scenario, science is already identified as the main way to generate knowledge, it fulfills this vital function in any society through its main instrument, which is scientific research.
Knowledge Management constitutes an integrating process (Soto Balbón A. 2006) where: Information Management, Technological Management and Human Resources Management converge, in this way a correct implementation of Knowledge Management is recognized when it is guides to:
- Perfecting the processes with the greatest impact Optimizing the benefit of knowledge based on the processes and guaranteeing its timely and pertinent dissemination, relying on the intensive use of networks and information technologies.
Efficient knowledge management necessarily requires the adequate management of information, the appropriate and intensive use of information technologies and innovative approaches to communication practice while ensuring a strategic management of human resources.. In the societies that are currently emerging, the position of each person is the product of the knowledge that they have managed to develop or build, hence the importance of creative capacity in the human being today. Thus, the society of tomorrow is seen as a society in which each individual and each organization will build their own capacity for action, and therefore, their position in society will be achieved through a process of acquisition and development of knowledge.. It is therefore important to recognize (Chaparro F, 1998) that the individual must play an important role in the consolidation of the capacity to generate this new knowledge, so as to ensure that they dynamically adapt to a reality of rapid change and transformation process. In order to assimilate these changes in the environment,Undoubtedly, continuous processes of generation and use of knowledge are required, based on an adequate appropriation and assimilation of all the knowledge that exists in the environment, to later be organized in such a way that they can contribute to the processes of social learning.
The diminishing distance that is observed between basic knowledge and its application in the production of goods and services is a direct consequence of the level of competitiveness achieved in these times. An indicator of this phenomenon is the decrease in the maturation cycle of modern knowledge-intensive products. This particularity of the dynamics of current development undeniably causes greater commercial disadvantages for the less developed, those who logically are not sufficiently trained to face the changes that occur with such speed in their environment. On the other hand, their ability to assimilate the new changes is also limited because they do not know the real evolution of the development achieved in the different technological sectors within their environment.It is the reason that the less developed are generally offered by the firms of the more industrialized the already obsolete technologies or the less competitive products.
This situation then forces the least developed to deploy new intelligent strategies to support the foundations of our own development, based on accelerated appropriation of new knowledge already generated by its more competitive analogues. Only in this way will it be ensured that they are prepared to face the dynamic changes in the environment with the proposal of new innovations, investing less time and fewer resources, thus helping to reduce the development gaps between the northern and southern countries more quickly.
Among the fundamental stages of the management of new knowledge based on the innovation of adequately integrating the intelligent management of information and patents, due to their particularities, these are a source of information for free consultation, which allows a clear vision of evolution technological innovation in the competitive environment; For this, specific skills are required for the management and processing of this information and the necessary culture for the correct interpretation of its content and legal technical scope for the generation of new knowledge.
In the opinion of experts, patents constitute a source of information that can result in more than 80% exclusive disclosure of new developments, therefore, ignoring it implies losing a good part of the history of the evolution of technological innovation, so It should be recognized as an obligatory consultation by those who make decisions about new lines of development and also by researchers so that in a general way duplication of work is avoided and in this way also minimizes expenses of material, human resources and time in research already done.
It is very generalized in the concept of Knowledge Management that Industrial Propertyit is just one of the ways to monopolize knowledge. In our opinion, the limitations in appropriating this knowledge, contained in patent documents, lies in the first instance in the lack of skills in the management and use of these databases and in the intelligent organization of technical information. content contained in this source in order to generate useful knowledge. Another impediment in our opinion in this process of appropriation and assimilation of knowledge from patents are the interpretations that must be made together with other technical and legal assessments,that they facilitate the real interpretation of the limits of that exclusive commercialization right that is granted temporarily and territorially through patents and then know how to appropriate the necessary knowledge to sustain the authentic endogenous development of our countries.
The patent system must be interpreted as a monopoly right of commercialization that is granted temporarily and territorially and that in exchange for this right the description of that invention that confers these rights must be promptly disclosed. The patent system must then be interpreted as a triangular system. That goes from the creation of an invention, its registration and later its disclosure.
Ensuring this specific appropriation of knowledge undoubtedly requires managing in parallel an elementary knowledge in Industrial Property that sustains a culture in this matter for researchers, technologists, academics and the whole of society in general. Technological Intelligence Systems, for example, constitute a tool that ensures a rapid and adequate appropriation of knowledge in order to achieve the argumentation of decision-making related to scientific and technological development. For example, in the definition of collaboration and foreign investment projects, the vision offered by the analysis of this source of information is necessarily required, since it gives us an updated image of the evolution of the technological development of the most competitive in the sector.
The importance of the use of information in knowledge management, is in our opinion a key element for the success of Research and Development Projects. However, in the Oslo Manual, for example, in its 3rd edition of 2005, it is curiously pointed out in table 5.1 Sources for the transfer of knowledge and Technology and in this they identify patent information as a source only for the acquisition of knowledge and technologies, that is, they assume this source of information as the means where the technology to be acquired can be selected and not as free access information.
Table I: Sources for the transfer of knowledge and Technology
Taken from the Oslo Manual Third Edition (2005)
However, among the information sources that are recognized as indispensable today for Technological Intelligence Systems, they group information sources into four fundamental types according to Hidalgo Nuchera (2002), including patent information among the sources of technological information.
Taken from Hidalgo Nuchera, A.; León Serrano, G. and Pavón Morote, J (2002) Innovation and technology management in organizations. Edit. Pyramid
The strategic use of patent information in the evaluation of the state of the art to initiate new research ensures adding value and generating new and essential knowledge to make the most appropriate decisions in each case, the intrinsic peculiarities of this source of information:
- It constitutes a high percentage of unique sources of revelation of the technological information pertinent to the proposed strategic objectives.The technical, commercial and legal nature of this source of information, as well as the origin itself, gives the analysis a new vision of the evolution of technology that already has a perspective for commercial purposes Its rapid dissemination as part of the Industrial Property system itself, which today in almost all countries is a period of no more than 18 months from the request, guarantees a much more vision dynamics of the evolution of the environment than other sources of scientific and technological information. Access to this information is much easier due to its standardized format,as well as cheaper compared to other sources of information that are proposed to be used in intelligence systems.
The foundation of science as a development strategy for our country, for example, has been widely argued by Dr. Agustín Lage Director of the Molecular Immunology Center in his article, for example “Science as a development strategy: what ideas are emerging from experience of biotechnology ”(1998), recognizes the need for certain features that must necessarily be included as a whole within the Science System, among which we can cite:
- The system must be an exporter The export objective must include the industrialized world The system must create (and protect) intellectual property The system must include an early project negotiation strategy The system must have high connectivity abroad and the interior of the country
From this point of view we can then base the need to incorporate Intellectual Property into Science and Technological Innovation systems as an important tool, not only in Information Management that must be incorporated as an indispensable source in the management of new knowledge, but also also in decision-making on the negotiation strategies of the results and the agreements on joint investigations. A strategic use of the analysis of the patent literature and its conjugation with other sources of information for the foundation of new lines of research guarantees:
- Promote new products and technologies, so that results can be generated with the particularities necessary to satisfy the current demands of an industrialized world. These demands can be recognized through meticulous patent studies that discover the ends and the means (objects of invention and their particular characteristics) of the innovations patented and published by large firms in certain sectors and territories. creative, competitive and patentable industry,These are elements that must be necessarily incorporated in the management of science and technology if we are to ensure more equitable commercialization conditions for less developed countries Ensure through patent studies from the very initial stage of the Projects, the strategic vision potential future business, assessing its results and from this it can also be based on a high percentage, the internationalization of innovation and thus support new sources of financing from abroad. Studies and analysis of patents together with the analysis of other sources of information will guarantee that the results of the Projects have a high connectivity between the internal need that generates it and with alternative results that adapt to the demands of the outside,The analyzes allow knowing the proposals of products and technologies by sectors through patents, in which due to their particularities they must necessarily declare to what extent they manage to satisfy the demand and how they do it.
A proposal for a more efficient model of science management and technological innovation based on intelligent science systems brings together three fundamental phases, information management by advanced methods and where patent literature must necessarily be included; the management of new knowledge for the foundation and definition of the most intelligent strategies that support the investigations. The proposed scheme recognizes the three phases:
The model that we propose for the management of Science and Technology with the management of new knowledge incorporating the analysis of the patent literature and also adds the analysis of the technical and legal implications of these rights, taking into consideration the legal standards established internationally. As well as the "flexibilities" that are legally recognized, it should be a strategy that should be used by the less developed countries to ensure the assimilation and strategic appropriation of that knowledge so that the foundations of a much more effective endogenous development can be established.
According to Antoni Garrell. (1998), referring to Latin American countries, pointed out “times of paradigm change are full of threats, but also opportunities, in a period of change, you have to start from scratch, then there are favorable circumstances for some countries to try to shorten the distances that separate it from industrialized countries ”. The attempt to shorten distances obviously requires discovering in time what is happening at the international level in each technological area of interest, with the aim of making the best options on future research projects or technology acquisition and thus ensuring the critical path between the necessary process of selection of the object of the transfer of foreign technologies or the establishment of the new own lines of development.
Undoubtedly, in order to take advantage of the opportunities that allow them to be conveniently inserted into the market with their own technologies and products to be placed at the level of the most developed, a strategic plan is required that can only be drawn if one has a real vision of the environment and resources humans prepared for the effort that this leap into the future demands. It also requires that the institutional framework be flexibly adapted to the new context and therefore the task is enormous. Copies are not enough, nor is mere incremental innovation (Escorsa, P. 2003). All this is needed and in addition to the adoption and assimilation of the most modern technologies, making them our own through new R & D & i projects,to use them creatively in the development of original solutions that allow us to achieve internationally competitive products and services that succeed in the market, thus beginning to reduce the development gaps that separate us. However, the possibility of making the leaps will only be possible if intelligent Research and Development strategies are established for the management of new knowledge in a way that guarantees the rapid and efficient assimilation and appropriation of the new knowledge that support the competitive advantages equivalent to the of the most developed; Only in this way will we guarantee a stable coexistence of the least developed in the era of the knowledge economy.However, the possibility of making the leaps will only be possible if intelligent Research and Development strategies are established for the management of new knowledge in a way that guarantees the rapid and efficient assimilation and appropriation of the new knowledge that support the competitive advantages equivalent to the of the most developed; Only in this way will we guarantee a stable coexistence of the least developed in the era of the knowledge economy.However, the possibility of making the leaps will only be possible if intelligent Research and Development strategies are established for the management of new knowledge in a way that guarantees the rapid and efficient assimilation and appropriation of the new knowledge that support the competitive advantages equivalent to the of the most developed; Only in this way will we guarantee a stable coexistence of the least developed in the era of the knowledge economy.Only in this way will we guarantee a stable coexistence of the least developed in the era of the knowledge economy.Only in this way will we guarantee a stable coexistence of the least developed in the era of the knowledge economy.
In knowledge management, two essential elements are currently identified for an effective realization: the various forms of appropriation of knowledge and the means through which the processes of social learning can be induced, among these two elements today five fundamental problems are recognized that prevent according to Chaparro, F (1998) that both aspects ensure that it is easily produced in the management of new knowledge:
(a) the dialectical tension between social appropriation and private appropriation of knowledge;
(b) changes in science that are increasing the importance of appropriate technologies and therefore begin to increase the importance of Intellectual and Industrial Property issues;
(c) the creation of the public and social learning processes as two strategic components of the social appropriation of knowledge;
(d) fostering innovation and learning organizations; and
(e) intermediation and knowledge management as a critical function in knowledge societies.
En relación con la tensión dialéctica entre apropiación social y apropiación privada del conocimiento es importante establecer las normativas mas adecuadas en las legislaciones nacionales de Propiedad Industrial de los países de la región de manera que rindan realmente en la práctica en beneficio nacional las tan anunciadas flexibilidades que otorgan los ADPIC de manera que garanticen lograr el equilibrio necesario en el desarrollo tecnológico de nuestros países, definiendo un enfoque del desarrollo principalmente a bienes públicos, o conocimientos que pueden ser libremente utilizados por la sociedad o por aquellos sectores sociales más necesitados. De esta forma estaremos mitigando, en cierta medida también, los complejos problemas éticos y legales que surgen como consecuencia del proceso de apropiación privada a través del patentamiento
It is not possible to ignore that patenting is a form of private appropriation of this knowledge, but it only materializes temporarily and territorially through the exclusive monopoly of commercial exploitation of the object of the patent; right that is granted to the Holder once this right has been granted or is latent from the same date of application of the patent in the territory in question. However, it is necessary to declare that during the period of validity of this exclusive marketing right (generally 20 years) other requirements must be met to maintain the validity of this monopoly right, such as, for example, the additional annual payment that must be paid by the Holder to maintain this validity. In this sense, it is interesting to note that this period of validity,maintenance payments are generally only satisfied for periods ranging between 30 and 50% of the total period of validity, which indicates that the validity of this exclusive marketing right in practice is a much shorter period actually than the legal period of validity that is granted and therefore that is an aspect to monitor because the knowledge contained in that patent would be free to use in a shorter time.which indicates that the validity of this exclusive right of commercialization in practice is a much shorter period than the legal period of validity that is granted and therefore that is an aspect to monitor since the knowledge contained in that patent would result from free use in shorter time.which indicates that the validity of this exclusive right of commercialization in practice is a much shorter period than the legal period of validity that is granted and therefore that is an aspect to monitor since the knowledge contained in that patent would result from free use in shorter time.
It is also necessary to declare that in some laws it has been clearly determined some types of uses of the content of the patent that could be made in the territory and in the period of validity of the patent that do not constitute violations of the conferred right, they are the so-called exceptions of patent rights that do not constitute a violation of the Owner's rights, such as private acts and without commercial purpose. In this case, for example, it is recognized that the use of patented and current inventions only for research or teaching purposes does not constitute acts of violation of the exclusive right of commercialization granted;These legal elements that can be intelligently managed depending on the development in our countries undoubtedly require knowledge of Industrial Property to be able to manage them according to the interests of each case.
For all the aforementioned, we consider, unlike some criteria that it is not fair to attribute to patents, the absolute qualifier that they only constitute a means of monopolizing knowledge; This, in our opinion, is not an absolute truth, since patent information is compulsorily published as part of the Industrial Property System itself, it is freely accessible, and its disclosure is done very quickly, much faster even than in other sources of technological information, also constituting in many cases the only record of disclosure of the results.Only to guarantee the appropriation of the knowledge disclosed in this source, it is necessary to master the particularities of this source and know how to use it strategically on the basis of an adequate culture in the matter and in function of the development of technological innovation.
A globalized market, with a strong share of exclusive marketing rights granted through patents and other forms of Industrial Property, is the reality that we must face, that we cannot eliminate overnight, so it is necessary that we prepare to be prepared to develop strategies that minimize their harmful effects on our economies or develop the capacity to generate certain tactics that allow us to evade such rights when they are really badly argued because to some extent they do not satisfy the patentability requirements or because they are not really patentable objects but that its granting in our countries if they affect the social and economic development of our countries.
The analyzes in patent information are necessary not only as part of the management of technological knowledge, but also for the management of strategic knowledge, such as when it is intended to establish contracts for scientific-technical collaboration with other companies abroad Then it is also essential to previously define the scope of the transferred rights, the novelty and the inventive value, as well as the forms of exchange that will be established; the best technology option or the best partner for collaboration.
Other complementary information that appears published through the patent literature, can be of great strategic value to support other decisions of a commercial nature and that of course, can play an important role in the management of the new knowledge necessary to ensure the competitiveness of the results. For example in the evaluation of the possible obsolescence of technologies that are intended to be acquired from abroad, or in the definition of the prices of products and technologies. The age of an innovation analyzed from the priority date when it has been patented, the analysis of the chronological evolution of the technology in the particular sector is verified, and even the vision that the same type of analysis can also offer us but taking into consideration the trademark information,It can be elements to be combined to define prices. It is known, for example, in the Pharmaceutical Industry sector, that a large number of pharmaceutical products from important transnational companies are still on the market, products that no longer enjoy the validity of their patents, but nevertheless continue to make use of the image of that exclusive monopoly to continue offering the product in our markets at high prices, thus limiting its access to a large part of the population. Could this not be a surveillance mechanism of the states and governments to prevent this abuse against a majority sector of the population, which is generally where the lowest income groups are found?that a large number of pharmaceutical products from important transnational companies are still on the market, products that no longer enjoy the validity of their patents, but nevertheless continue to use the image of that exclusive monopoly to continue offering the product in our markets at high prices, thus limiting their access to a large part of the population. Could this not be a surveillance mechanism of the states and governments to prevent this abuse against a majority sector of the population, which is generally where the lowest income groups are found?that a large number of pharmaceutical products from important transnational companies are still on the market, products that no longer enjoy the validity of their patents, but nevertheless continue to use the image of that exclusive monopoly to continue offering the product in our markets at high prices, thus limiting their access to a large part of the population. Could this not be a surveillance mechanism of the states and governments to prevent this abuse against a majority sector of the population, which is generally where the lowest income groups are found?but nevertheless they continue to use the image of that exclusive monopoly to continue offering the product in our markets at high prices, thus limiting its access to a large part of the population. Could this not be a surveillance mechanism of the states and governments to prevent this abuse against a majority sector of the population, which is generally where the lowest income groups are found?but nevertheless they continue to use the image of that exclusive monopoly to continue offering the product in our markets at high prices, thus limiting its access to a large part of the population. Could this not be a surveillance mechanism of the states and governments to prevent this abuse against a majority sector of the population, which is generally where the lowest income groups are found?
The vision that is achieved of the evolution of the environment through the analysis of patents and other sources of information on Industrial Property such as trademarks, also ensure timely identification of the appearance of new innovations that are much more competitive before decide to buy a certain technology. In-depth analysis of the content of this source of information may also suggest not to carry out the proposed contracting or to demand other particularities in the negotiation or to make the decision to carry out the research with own means to achieve the necessary technology.
The mastery of the technical legal aspects contained in each patent document also allow us to interpret, with a broader vision, the scope of technology transfer contracts and even facilitate the appropriation of new knowledge based on the adequate definition of the scope of the Contractual clauses referring to the results of the assimilation of the technology and its adaptation in particular to the requirements of the new scenario or of the raw materials.That is why we believe that this source of information must necessarily be present in the analysis of the definitions of the development strategies of companies and industry in general of the less developed countries as a fundamental element to insert more dynamically the dimension of Property Industrial in the science and innovation management model based on endogenous and sustainable development and thus endorse the best knowledge appropriation strategies that will subsequently sustain authentic own development
Learning, according to Chamarro, F. (1998) is the fundamental process that leads from knowledge to innovation and social change. The ability to generate dynamic and continuous processes of social learning, in an organization, in the community, or in basic social institutions, is the most critical element in knowledge societies today. The two complementary processes of management, the appropriation of knowledge, on the one hand, and social learning, on the other, lead to a dynamic conception of the relationships that exist between knowledge, the subject who knows and the environment on the subject. which the subject acts based on that knowledge.For the results of research on issues of national interest and on the socio-economic environment to become useful knowledge and a driving force for social change, a process of social appropriation of the same is necessarily required, which involves the creation of spaces of public debate on these issues. This contributes to developing and consolidating within "the public": the generation of public knowledge goods that can contribute to the proper functioning of society, to the formation of an informed public opinion, to the formation of the citizen, to the strengthening of society civil, such as the adequate formation of a culture in Industrial Property where all sectors are involved, the legal, the technical, the social and also of course the economic.it necessarily requires a process of social appropriation of the same that goes through the creation of spaces for public debate on these issues. This contributes to developing and consolidating within “the public”: the generation of public knowledge goods that can contribute to the proper functioning of society, to the formation of an informed public opinion, to the formation of citizens, to the strengthening of society civil, such as the adequate formation of a culture in Industrial Property where all sectors are involved, the legal, the technical, the social and also of course the economic.it necessarily requires a process of social appropriation of the same that goes through the creation of spaces for public debate on these issues. This contributes to developing and consolidating within "the public": the generation of public knowledge goods that can contribute to the proper functioning of society, to the formation of an informed public opinion, to the formation of the citizen, to the strengthening of society civil, such as the adequate formation of a culture in Industrial Property where all sectors are involved, the legal, the technical, the social and also of course the economic.the generation of public goods of knowledge that can contribute to the proper functioning of society, to the formation of an informed public opinion, to the formation of the citizen, to the strengthening of civil society, such as the adequate formation of a culture of Property Industrial where all sectors were involved, the legal, the technical, the social and also of course the economic.the generation of public knowledge goods that can contribute to the proper functioning of society, to the formation of an informed public opinion, to the formation of the citizen, to the strengthening of civil society, such as the adequate formation of a culture of Property Industrial where all sectors were involved, the legal, the technical, the social and also of course the economic.
When dynamic management, research, knowledge generation and learning processes are generated, these processes directly result in the proliferation of production factors. Hence the recognized relationship between innovation and productivity. The new organizational culture of the least developed countries should have as a central objective transforming business capabilities in the task of conquering and remaining in current markets in the real conditions that we live today. According to experts, modern management of organizations consists of the creation of an innovative mentality, focused on lifelong learning that supports the growth of business competitiveness.
Conclusions:
- For effective knowledge management, two essential elements are identified, which are inextricably linked because they constitute two complementary processes: the various forms of appropriation of knowledge and the means through which social learning processes can be induced. develop skills that allow the social appropriation of knowledge through patent rights; They constitute a source of information that is freely published and that in more than 80% can be an exclusive source of revelation of the technological development achieved in a certain sector, which is why it must necessarily be incorporated into the analysis of the environment to achieve an adequate knowledge management of the latest technological advances made in any sector.The real limitations on access to information and knowledge implicit in patent documents are really in the low culture of Industrial Property that most developing countries have, not recognizing in this source of information the possibility of monitoring their most important competitor and identify its most recent advances. The meticulous and systematic analysis of this source of information together with the mastery of the fundamental tools of law on Industrial Property will allow us to ensure the most adequate forms of protection and exchange of knowledge generated by intellectual productions. It is therefore necessary to support new forms of learning aimed at achieving:
- Creation of an adequate Culture of Industrial Property in all sectors of society so as to minimize the possible negative impact of this on the economic, technological and social development of our countries Extend the use of patent information for the incorporation of its analysis in the studies and evaluations of the environment that support strategic decision-making in order to base a competitive endogenous development Facilitate social knowledge of access to this source of information through the development of skills in the proper management and exploitation of these databases from industry professionals and technologists to undergraduate training from our pool of professionals.
MSc. Eva Romeu Lameiras. Senior Specialist in Research, Analysis and Information Services. COMPITEC services. Cuban Office of Industrial Property email: [email protected]
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MSc. Eva Romeu Lameiras. COMPITEC services. Cuban Office of Industrial Property
