Mr. Chairman, let me begin by thanking the committee for giving serious attention to Canada's IP regime, which is an important and challenging subject. Thank you also for inviting me to appear.
I don't present myself to the committee as an expert on intellectual property, but I do have a bit of history in the subject. Just a month ago I retired from the University of Ottawa, the business school, where for seven years I was the Royal Bank of Canada professor in the commercialization of innovation. For 10 years before that I was president of NSERC, so on that basis I'll introduce three different IP issues that all seem to me to be important and challenging.
I wonder how many people realize that innovations have a short shelf life. Competition in the market eventually turns every innovation into a commodity product, and the producer, at that point, must begin to accept the market price. Intellectual property rights enable the innovator to recover the costs of creating new products and then to make a profit so that they may invest in the next generation of innovations. They must do that because the only remedy for commoditization is repeated innovation. You have to have innovations out in the market all the time because the competition is commoditizing the previous ones you have out there.
It's useful to think of innovation as invention followed by commercialization, and invention is not an innovation. An invention that succeeds in the market and is being used, that is an innovation, so think of innovation as invention followed by commercialization.
The invention may be a new use of new knowledge, which we might call research based, or it may be a new use of prior or existing knowledge, which we would call design based. Then each kind of invention might be commercialized, might be brought to market either by an established firm or by a new venture. That gives you four possibilities to sort out some of these issues. The reason they are important is that the business issues in each of these, the established firm design-based innovation, the established firm research-based innovation, the new venture research-based and the new venture design-based, are each described by a different set of business issues, and there are different IP issues.
Let me give three examples. For the first example, a great deal of industrial innovation, some would say the majority of industrial innovation, is design based, not research based but design based, and takes place in established firms. These firms use design and redesign to improve their products and processes in response to economic pressures, to feedback from customers, to developments in technology, to advances in materials and tools, to ideas from employees and suppliers, and to what their customers tell them they need. It's not just feedback on previous products, but on what they need.
Patented improvements are not uncommon, but patent disputes seem to hit the business pages only when a new design concept creates a revolutionary innovation, a market changer. Such a new device may incorporate proven components from many suppliers around the world. Certainly every bit of consumer electronics does that, and the technologies embodied in them all may be covered by dozens, if not hundreds, of patents.
In such cases, patent infringement is possible, inadvertent or otherwise, and many disputes end in long and expensive court cases. We read about these in the business pages with amazing regularity. This is not productive and ultimately means an additional cost to the consumer. It is often argued by the defence in such legal cases that the patents in question were invalid and should never have been granted in the first place. Therefore, the first issue I wish to raise is that great care is required in granting patents in fast-moving technologies, greater than before fast-moving technologies.
My second example is a very different situation, the new venture set up to commercial an invention that arises out of the results of first rate, really good university research supported with public funds. This is what we'd like to see more of.
In this case, the intellectual property the new firm owns is its major and perhaps only asset. Everything else has to be acquired with funds that have yet to be raised.
The new venture is a very small business, short of both time and money. A strong patent is essential to convince investors that the invention has a real prospect of creating new value and to attracting investment for the cost of commercialization. This is urgent. For a research-based new venture, a strong first patent obtained early on may open the door to growth and success.
The second issue is helping research-based new ventures get strong first patents. This needs doing, but I have to admit, Mr. Chairman, that it isn't clear to me who should be doing it. It's not a silver bullet. It's not a single agency, I don't think. I don't know who should be doing it exactly and how they should be doing it, but the need is there.
For my final example, consider an established firm in one particular sector of research-based innovative activity: the pharmaceutical industry. It engages in research-based innovation that's narrowly focused, since the invention may be only a single drug molecule. In this case, the length of the term of IP protection is crucial, because the commercialization of a new drug is very costly, and it's a long, regulated process whose timeline is only very partly under the company's control. The firm needs market exclusivity long enough to enable it to recover the cost of commercialization and make a profit so it can keep new products coming. Duration of patent protection in certain fields is the third issue I wish to put on the table.
Obviously, Mr. Chairman, the committee is working so that Canada might get it right on intellectual property rights. From my point of view, getting it right means not so much finding a silver bullet as being able to meet the different IP needs and resolve the different IP issues that arise in innovation and wealth creation in Canada, recognizing that companies are subject to many influences at play in the global economy. Given the small size of our domestic market and the high cost of developing new technologies today, the new products must succeed in global markets.
Mr. Chairman, I hope I have been able to illustrate some of the IP issues I have found to be important. I look forward to the discussion.