Summary
Creation and innovation are an essential part of life in all its spheres and for any branch of the economy, it constitutes a basic component. The registration, protection and remuneration of this creative activity are protected by laws that contain the regulatory provisions that make up what is known as the International Intellectual Property System. Intellectual property (IP) includes copyright and related rights, as well as industrial property, and is organized into systems, by countries, sectors or institutions.The organization of intellectual property in institutional systems is a priority in our country and constitutes a guarantee for society, because it allows the creation to be identified from its conception, insert it in the corresponding modality and decide whether to publish, protect or keep it secret. Much is written about IP; However, it is not easy to find a methodology to serve as a guide for the systemic organization of this activity. The first actions carried out for the implementation of the Internal Intellectual Property System (SIPI), consisted of making a diagnosis of the entity, to have a general knowledge of the activity of IP and to carry out a survey that would allow us to analyze the results of the interview carried out with the researchers of the Tobacco Research Institute (IIT).
Abstract
The creation and innovation are essential part of life in all its fields, for any branch of economics, is a basic component. The registration, protection and compensation of that creative activity are covered by laws regulations contain provisions that make up what is known as the International System of Intellectual Property. Intellectual property includes copyright and neighboring rights and industrial property, and is organized into systems, countries, sectors or institutions. The organization of intellectual property in corporate systems is a priority in our country and a guarantee to society, because to identify the building from its inception, inserting in the appropriate form and decide whether to publish, protect or keep secret. Much is written about intellectual property,but not easy to find a methodology to guide for the systemic of this activity in organizations. The first actions done for the Internal Intellectual Property System (IIPS) implementation were an IIT diagnose to have a general knowledge of intellectual property activity and the formulation of a survey that allows to analyze the interview done to IIT researchers.
Introduction
The main antecedents of the International Industrial Property System appear in the 19th century with the elaboration of two important treaties: the Paris Convention in 1883, for the protection of Industrial property, and the Berne Convention in 1886 for the protection of works literary and artistic, which were followed by other equally significant agreements, treaties and arrangements (Moreda, et. al, 2009). In Cuba, IP activity is divided into two different bodies: industrial property, which is governed by the Cuban Office of Industrial Property (OCPI) of the Ministry of Science, Technology and Environment (CITMA), and Copyright, regulated by the National Center for Copyright (CENDA), of the Ministry of Culture (CENDA; 2009).
The OCPI is the state body responsible for the establishment of the legal regime, the policy, the management and the management of industrial property in the country, as well as the provision of the services inherent to a matter and has more than 160 years of existence in Cuba (OCPI; 2009). In 2002, by Resolution 21 of CITMA, the National System of Industrial Property (SNPI) of the Republic of Cuba was established in the first resolution, and in the third resolution, the creation of industrial property systems for all entities; This national system constitutes a pattern for organizations and companies to achieve harmonious integration with national and international regulations.It also makes it possible to boost national economic activity through the use of industrial property as an important work tool (CITMA; 2009).
Although it is true that the SNPI makes it possible for entities to adapt to national and international regulations on industrial property, it does not in itself constitute a methodology for the design of internal IP systems in organizations, especially they do not conceive of the activity copyright law, although some of its guidelines may be adjusted to this modality (Torres; 2010). It is a great opportunity for Cuban entities, specifically for research centers, the fact that there is political will so that the impact of scientific and technological advances is reverted to the benefit of society; However, this policy must be accompanied by a strategy of recognition and protection of creation, and that this is not only reflected at the macro (national) level. It is vital in this regard,in each of the sectors of the economy, in each of the entities, have sufficient knowledge in IP matters to decide whether a certain knowledge should be published once it is obtained, or if it should be protected and what form of protection is more convenient (Díaz, González; 2007).
A SIPI in the Tobacco Research Institute (IIT), must constitute the communication channel between the creators and the current legislation on industrial property and copyright. In this sense, fulfilling communicative functions can be homologated with the information systems that constitute «the link between its users, the universe of workers in an organization, and the information resources available on the subject and required to carry out the activity (Lancaster; 1978). The purpose of this contribution is:
1. Effectively design the implementation of the Internal System of Intellectual Property of the Tobacco Research Institute (IIT).
2. Identify, through an action plan, surveys, the intellectual property knowledge of researchers at the IIT.
Materials and methods
The IIT's (SIPI) is based on the (SNPI). It also takes into account the changes that are taking place in the economic, state and national spheres and the new regulatory framework imposed by the World Trade Organization (WTO) with the signing of the Agreement on Aspects of Intellectual Property Rights related to Trade (TRIPS).
The SNPI has a set of actions and behaviors that preside over the search and identification of the mechanisms and procedures that articulate the activities of its own or associated with industrial property, which are disclosed as governing guidelines. These guarantee that an internal system acts in accordance with the framework of action and powers that are attributed to each social actor (Díaz, González; 2007).
The documents were prepared by the specialists of the Scientific Directorate, and are related to the protection of research results, services and production, protectable both by the modalities of Industrial Property, as well as those of Copyright.
Subsequently, they were reviewed by the Board of Directors of our center and the pertinent arrangements were made for their final approval as the established procedures were of a general nature. Training seminars were organized in the Scientific Council with project leaders and researchers and specialists. With these exchanges, some points were specified and tasks were readjusted within it.
Also to propose the SIPI, the characteristics of our institution, the organizational structure, were taken into account, interviews were conducted, with 13 questions to measure the fundamental knowledge on the subject of IP, to the researchers who are the most important link in the chain because they are the ones that generate knowledge to carry out projects.
Results and Discussion
Diagnosis of general knowledge of Intellectual Property at the IIT.
The first steps of the center in relation to IP activity were to request the training of specialists from the working group of the COMPITEC Department, belonging to the OCPI, which gave lectures on the subject to the IIT Board of Directors. Subsequently, the training of a specialist in the research area on the subject was requested, preferably due to the importance that this has in the group of institutional decision-makers since this would support better decision-making, to protect the results obtained from both the research generated from projects, such as unexpected ones, in the different IP modalities.
The IIT Board of Directors sent a specialist to train in the Technological Watch Course "General Aspects of Inventions", in the aforementioned department of the OCPI and allowed him to direct the IP activity at the IIT. From this moment on, an action plan was created that was controlled by the Institution's Board of Directors. The activities contained in this action plan were the following:
1. A strategy for the implementation of the SIPI.
2. Encourage and develop a close working relationship with the Cuban Office of Industrial Property, courses, events.
4. Additionally, a specialist from the Department of Communication and another from the Editorial Committee would be trained to enroll in the course set up for disseminators.
5. Submit to the COMPITEC Directorate of the OCPI a summary of the works to be presented at the FORUM of Science and Technology, an institutional-level event.
6. Submit to the OCPI's COMPITEC Directorate the projects for the publication of the magazine and the technical instructions, in order to determine whether they do not reveal information that may be protected.
7. Give a group of Conferences on IP issues emphasizing the protection of plant varieties, genetic improvement of species, contracting, etc.
8. Systematic level of information on the legislation regarding Intellectual Property.
9. Implement an information system that allows researchers and specialists to access updated levels of information.
10. Submit to the OCPI (DESCOM) to dictate the Institute's contracts regarding technology transfer, collaboration, etc.
11. Review of the confidentiality clauses in current contracts and those relating to the legal protection of the secret or patent, if applicable, and other aspects.
12. Carry out a survey of all projects as well as the results of work, to determine if they are susceptible to protection.
13. Establish the policy to be followed throughout the tobacco system regarding the protection of all results, both scientific, technical, and productive, except for the protection of trademarks.
14. Subscription to the OCPI Newsletter.
15. Appoint an Industrial Property Coordinator.
16. Appoint the representatives before the OCPI and the CENDA.
In addition, a search was carried out in the state of the art of what had been registered so far. Table 1 shows that the center has a collection of 9 patents requested from registration institutions, throughout the institution's research, all of them are Certificate of Author of Invention and registered only in the OCPI.
Table 1. The status of patents until the end of 2008.
An interview was applied to the 42 researchers from the IIT, with the objectives of:
1- Check the knowledge that researchers and leaders have on the subject of IP.
2- Check the level of organization of the IP in the Center.
The surveyed population was 369 workers, so the sample of (42 researchers) represents 11.4%, and is within the parameters normally accepted for these purposes.
The distribution of the researchers was represented as follows in Fig. 1, but it is important to clarify that it is the total number of researchers in the center's staff covered and these data were corroborated with the Director of Human Talents of the IIT:
1. Headquarters: 25, distributed as follows: Division of Agricultural Research (DIA): 8, Division of Biological Research (DIB): 10 and Division of Industry Research (DII): 5 and the Director General and Director were interviewed Scientific.
2. Experimental Station of San Juan y Martínez: 9
3. Cabaiguan Experiment Station: 8
Question 2. 22% do not know the different forms of Industrial Property.
Question 3. 82% stated that the CIR or BIR was not constituted in the company.
Question 4. 7% do not know how to protect or where to go before a result of research or technological innovation that can be protected.
Question 5. 29% do not know the documents that make up the requests for the different modalities.
Question 6. 81% do not know some of the international treaties or conventions to which Cuba is a party for the protection of Intellectual Property
Question 7. 93% responded that there are no internal mechanisms to prevent the infringement of third party rights.
Question 8. 7% responded that there is no Intellectual Property manager in the center.
Question 9. 88% answered that the intellectual property documentation is not consulted.
Question 10. 69% state that the information services offered by the OCPI have not been used.
Question 11. 60% responded that the internal control of applications for registration of the different types of Industrial Property filed in Cuba has not been created.
Question 12. 10% responded that confidentiality agreements have not been established with workers
Question 13. 95% responded that the entity has not subscribed to obtain the Official Industrial Property Bulletins published by the OCPI.
Based on the results of the interview, it can be argued that there is knowledge about IP in the Center, but not in depth and that it is not organized. And this is demonstrated by question 9, which states that you do not consult IP documentation, researchers and specialists for further training and when preparing projects, say well, Research-Development (R + D), Technological Innovation (IT), or another type of classification. The reason for our research center is precisely to create projects that meet the demands of the tobacco production chain, based on innovative research. Hence the need for a system as a way of organizing IP,It is good to say that question 3 referring to not being constituted the Committee of Innovators and Rationalizers (CIR) or Bureau of Innovators and Rationalizers (BIR) in the entity, at the current time of preparation of this document, the administration responded with the preparation of a specialist who within his functions had to attend the National Association of Innovators and Rationalizers (ANIR) as administrative representative and on the other hand the president of the ANIR, although the work must be improved and organized because it has just been established.The administration responded with the preparation of a specialist who within his functions had to attend the National Association of Innovators and Rationalizers (ANIR) as administrative representative and on the other hand the president of the ANIR, although the work must be improved and organized because this just constituted.The administration responded with the preparation of a specialist who within his functions had to attend the National Association of Innovators and Rationalizers (ANIR) as administrative representative and on the other hand the president of the ANIR, although the work must be improved and organized because this just constituted.
Making a cause-effect or fishbone diagram of the results of the interview, putting in the head of the fish the problem or the objective to be achieved, which in this case is the organization of the IP in the IIT or the implementation of the Internal System and in the thorns of sin we put the causes that affect the problem or achieve the objective and in this case there are several aspects, many of which are collected in the interview questions. Working on these causes can reach the desired state or achieve the final goal.
Cause and Effects Diagram
1- Knowledge of Industrial Property, 2- Mastery of the different types of IP, 3- Constitution of the ANIR, 4- Mastery of the mechanism for the protection of Scientific-technical results, 5- Domain of the documents that make up the applications for registration of the different types of IP, 6- Mastery of the main international IP treaties, 7- Internal mechanisms to avoid the infringement of the rights of third parties, 8- Industrial Property Manager, 9- Consultation of the Industrial Property documentation, 10- Use of the information services offered by the OCPI, 11- Internal Control of applications for registration of the different types of IP.
12- Confidentiality agreements signed with the workers, 13-Subscription to the Official Gazette of the OCPI.
There is personnel in charge of the IP activity made up of an Intellectual Property representative before the OCPI and CENDA. Subsequently, he delved into the subject, a strategy was created, a Procedure Manual, in order to improve and increase the development of the activity in the mentality of managers and staff in general, to reach the implementation of SIPI.
For 2008, the SIPI was discussed and approved at the IIT, which consisted in the elaboration of 6 procedures each with its specificities: objectives, scope, definitions, references, responsibilities and development, they are listed below:
1. Procedures for the IIT SIPI, in which the operational structure of the PI Coordinating Group was established in the IIT, this had defined the content of the SIPI file, functional responsibilities of the PI Coordinating Group and the functions of the general coordinator, as well as those of all administrative directions.
2. Procedure for the Protection of Business Secrets.
3. Procedure for the registration of Trademarks.
4. Procedure for the registration of Patents and Industrial Models.
5. Procedure for technology transfer processes at the IIT.
6. Procedure for the protection of Copyright in the IIT.
With the approval of the SIPI, it was possible to raise awareness among researchers mainly on the subject, although we must say that the subject is still unknown. However, there is a certain immaturity regarding the knowledge of IP activity but at least records have been made in the National Copyright Center (CENDA), since in our investigations in terms of industrial property, what counts is the « object »which generally consists of a sign that transmits information to consumers, or products and services in the market, and its protection is related to the prohibition of unauthorized use and inappropriate practice (WIPO, 2009). While it is impossible to patent: «… the methods and systems of organization and management of the economy; the projects and schemes of the construction plans;the methods and systems of education, teaching and study; ideas, scientific principles and basic problems of science; the change of shape, dimensions, proportions or matter of an object unless it essentially modifies its properties; the discovery of materials existing in nature; solutions contrary to social interests, principles of humanity or against socialist morality »(Cruz, 2007). For these reasons, it was determined to protect through records in the CENDA and the results in Table 2 behaved as follows.the discovery of materials existing in nature; solutions contrary to social interests, principles of humanity or against socialist morality »(Cruz, 2007). For these reasons, it was determined to protect through records in the CENDA and the results in Table 2 behaved as follows.the discovery of materials existing in nature; solutions contrary to social interests, principles of humanity or against socialist morality »(Cruz, 2007). For these reasons, it was determined to protect through records in the CENDA and the results in Table 2 behaved as follows.
Table 2. Records of scientific results in CENDA.
In addition to the aforementioned, it is good to clarify that there are no product brand registrations because the policy of the TABACUBA Group establishes that the only ones that can register tobacco brands are HABANOS SA and the TABACUBA Group the national brands, only the IIT can do it in case of creating a herbicide, fertilizer or other products, which are the product of research or any other product that is not a brand through the linked used in the manufacture of a tobacco and also, the business emblem was currently registered in operation.
Conclusions
1- The system allows organizing the activity, which leads to better protection and use of Intellectual Property, as well as the observance of the rights of third parties.
2- The surveys made it possible to clearly identify the existing problems in the knowledge of the subject of intellectual property in the researchers.
Bibliography
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• Cuban Office of Industrial Property. OCPI. Available at:
• Ministry of Science, Technology and Environment. Cuba. Resolution No. 21/2002. Official Gazette of the Republic, January 7, 2003. Available at:.
• National Copyright Center. Available at:
• Díaz M, González M. Proposal for an internal intellectual property system as an institutional information policy for Cuban universities. Case study: the University of Pinar del Río. Acimed. 2007; 15 (6). Available at:
• Torres A. Design of internal intellectual property systems in the Cuban model: a methodological proposal, Acimed.2010,1 (1) 44-56.
• Lancaster FW. Guidelines for the evaluation of information systems and services. Paris: UNESCO; 1978.
• World Intellectual Property Organization. Understanding Industrial Property. Available at:
• Cruz M. Legal protection of inventions. Course Introduction to industrial property. Conference no. 3. Havana: OCPI, 2007.
