Proceedings of the 3rd European Conference on Intellectual Capital

Piotr Wisniewski
Figure 4: Percentage share <strong>of</strong> five largest patent <strong>of</strong>fices worldwide in total patent applications (filed in
1985-2008)
Source: World Intellectual Property Organization (WIPO) Intellectual Property Indicators (2010) –
September 2010, available on <strong>the</strong> WIPO web site: http://www.wipo.int/ipstats/en/ [retrieved:
November 10, 2010].
The marginal role played by Europe in worldwide intellectual property creation (especially if adjusted
for macroeconomic potential) could (in <strong>the</strong>ory) be <strong>of</strong>fset by innovation in <strong>the</strong> form <strong>of</strong> broader-based
(e.g. non-patentable) categories <strong>of</strong> intellectual output. None<strong>the</strong>less, a preliminary assessment <strong>of</strong> <strong>the</strong>
Lisbon Strategy, envisaged as a ten-year target to make Europe “<strong>the</strong> most competitive and dynamic
knowledge-based economy in <strong>the</strong> world” (Lisbon Strategy 2000), indicates that <strong>the</strong> primary objectives
have not been accomplished – a fact begrudgingly admitted by <strong>the</strong> EU’s executive management: <strong>the</strong>
<strong>European</strong> Commission, EC (EC 2009).
The low IP/IC penetration (e.g. in relation to GDP or o<strong>the</strong>r macroeconomic benchmarks) in Europe
stems from a variety <strong>of</strong> factors, yet <strong>the</strong> following systemic weaknesses particularly restrict intangible
growth:
Inadequate socioeconomic, political and regulatory integration – Europe has not yet succeeded in
creating a sufficiently homogenous and integrated (socioeconomic, political and legal) universe
capable <strong>of</strong> defending its interests globally and enforcing its judgments internally, which has wideranging
implications for asset classes as vulnerable as intangibles;
Low IP/IC commercialization – Europe, despite immense potential locked in material and
intangible innovation, has not figured out how to make it pay, hence <strong>the</strong> common and baleful
frustration <strong>of</strong> its researchers and entrepreneurs;
Demographics – Europe’s old age is being evidenced by increasing pressures on innovation and
entrepreneurship (especially through higher taxes), without an about-face from defined benefit to
defined contribution entitlement systems and high-skilled immigration, Europe will continue to
stagnate.
Europe’s unobtrusive IP output is seemingly unaccompanied by effective legal protection.
Unfortunately, no comprehensive or consistent database <strong>of</strong> IP infringement statistics is currently run
on <strong>the</strong> Old Continent, yet <strong>the</strong> available estimates are giving serious cause for concern. According to a
EU survey put out in 2009 and encompassing 70 worldwide economies, <strong>the</strong> number <strong>of</strong> goods
491