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wipo_smes_mpt_06_www_70042.ppt
- 1. It Starts withan Idea... Dr. Guriqbal Singh Jaiya Director Small and Medium-Sized Enterprises Division World Intellectual Property Organization [email protected] www.wipo.int/sme
- 2. IP for BusinessSeries • Making a Mark (Trademarks) • Looking Good (Designs) • Inventing the Future (Patents)
- 4. Basic Research Applied Research Invention Development Production Marketing “Technology-PushLinear Model of Innovation”
- 5. The Innovation Process •An innovation starts as an idea/concept that is evaluated, refined and developed before it is applied or acted upon. • Innovations may be inspired by reality (known problem). The innovation (new or improved product development) process, which leads to useful technology, requires: – Research – Development (up-scaling, testing) – Production – Marketing – Sale – Use/Consume • Experience with a product results in feedback and leads to incrementally or radically improved innovations.
- 6. New/Improved Product Development Stages ina New/Improved Product Development process: • Ideas Generation • Ideas Screening • Concept Development and Testing • Business Analysis • Beta Testing and Market Testing • Technical Implementation • Commercialization
- 7. Spotlight is onknowledge in today’s economy • Knowledge, Weightless, Information, Digital or Service Economy • Factors of production: Land, Labor, Capital, Intangibles (Knowledge) • Knowledge as useful Information (or Service) • Information as a “Public Good” • Information as Property
- 8. Market-oriented Economy • PlayingField: Unfair competition; free riding • National Legal Systems: Diversity (bilateral/regional/ international treaties or agreements) • Adding Value : Meeting or exceeding market needs or expectations • Market research: Consumers’ needs, competing products or substitutes, gaps • Technological innovation as an element of marketing
- 9. Challenges in Today’sEconomy • Government regulation, market participants and consumers; globalization, deregulation, quotas, tariffs, subsidies, market access or non-tariff barriers • Supply exceeds demand; fickle demand, risk, lean retailing • Trust and relationships: Consistency vs Innovation • Changing needs: need for creativity and/or innovation • Mass production, custom made, personalization, co- creation/designing • Supply, demand, production, value chain or network • Innovation/creativity: Customer, supplier, consultant, partner, competitor, standards, product liability, risk sharing, ownership
- 10. Competition and Cooperationin Today’s Economy • Property: Right to Exclude/use/enjoy • Share/leverage • Physical vs. Intellectual Property • One to one vs. one to many • Physical manifestation/link to carrier/medium or fixation • Nature of competing/substitute products: Functional, equivalent, class, set, related goods
- 11. The Challenges tothe IP System • Expand, adapt, fine tune, harmonize • New categories (Sui generis systems) • National, regional or global • National treatment vs. reciprocity • Digital environment and E-commerce • Legal jurisdiction, applicable laws • Fit for purpose: Clear, fast, cheap and effective • Simple and cogent
- 12. The challenge ofadding value in today’s economy • Raw materials/Inputs: Processing (Value addition) = Value added output/component; product; sale; Profit • Value addition: Better: Functional/technological or aesthetic/non-technological; Rational/Emotional (More for Less) • Price; access/availability; consistency • Individual, Enterprise (legal person), Chains, Networks; consortia; Open Innovation (Industry- Government-Academia) • Ownership vs. access to knowledge
- 13. Ideas, Creativity andInnovation • Creativity The ability to make or otherwise bring into existence something new, whether a new solution to a problem, a new method or device, or a new artistic object or form. • Innovation 1 : The introduction of something new 2 : A new idea, method, or device • Creativity = Idea + Action • Innovation = Creativity + Productivity • Innovation = Idea + Action + Productivity
- 14. IDEA to PRODUCT Innovation (Tech/Non-tech) Invention Idea Technology(Internal, External or Joint) Product (Internal, External or Joint) Functional or Technological Form or Appearance Marketing (Branding) Manufacturing or Business Process @Entrepreneur@ Financial, legal or organizational Business model Internal, External, or Joint Internal, External, or Joint Internal, External or Joint Business Strategy
- 15. IDEA to MARKET Fixation/Replication/Distribution CreativeExpression Idea Product Marketing Technology Technology Technology Technology
- 16. Idea to Profit IntellectualProperty Business Model Idea Relationship of Trust Marketing Value Extraction (Sale) Product
- 17. Pre-IPO Expansion Start-Up Seed Idea / Concept Time $ •Bright Idea • Experimental • Research • Business Plan • Proof of Concept • Legal Entity • Founders = Mgt Team • Minimal Revenue • Slow Growth • Support Functions • Administration • Marketing • Revenue Growth • High Growth • Head Count • Multiple Cycles • Viable • Market acceptance • Heading to IPO or M&A The Process/Steps of Innovation Understanding the Process of Innovation
- 18. Expansion Start-Up Seed Idea / Concept Time $ •BusinessPlan •Prototype/ POC •Project Management •Business Premises •Project Management •Management Training •Corporate and Secretarial •Financial •Training •PR and Marketing •Networking •Business Development •Recruitment •Business Development •A & P •Market Access •International support and Mkt. Access •Diversification strategies and support •Recruitment •Training and Incentives The Needs of Each Stage IP Management Needed in all stages
- 19. Basic Message 1 IPadds value at every stage of the value chain from creative/innovative idea to putting a new, better, and cheaper, product/service on the market: Literary / artistic creation Invention Financing Product Design Commercialization Marketing Licensing Exporting Patents / Utility Models/Trade secrets Copyright/Related Rights Patents / Utility models Industrial Designs/ Trademarks/GIs Trademarks/ GIs Ind. Designs/Patents/Copyright All IP Rights All IP Rights
- 20. Basic Message 2 •IP Strategy should be an integral part of the overall business strategy of an Enterprise • The IP strategy of an Enterprise is influenced by its creative/innovative capacity, financial resources, field of technology, competitive environment, etc. • BUT: Ignoring the IP system altogether is in itself an IP strategy, which may eventually prove very costly or even fatal
- 21. Basic Message 3(More for Less) • Own Use • Licensing • Franchising • Merchandising (Mickey Mouse, Hello Kitty)
- 22. Patents Example: Ring-pull cans Theinventor licensed the system to Coca-Cola at 1/10 of a penny per can. During the period of validity of the patent the inventor obtained 148,000 UK pounds a day on royalties.
- 23. What is atrade secret? • Three essential requirements: – The information must be secret * – It must have commercial value because it’s secret – holder must have taken reasonable steps to keep it secret (e.g. confidentiality agreements) * “not generally known among or readily accessible to persons within the circles that normally deal with this kind of information”
- 24. Case Study onTrade Secrets Monday April 9 3:45 AM ET Fruit of the Loom Sues Competitor CHICAGO (AP) - Fruit of the Loom is suing competitor Gildan Activewear Inc., accusing the Montreal company of stealing trade secrets to grab a competitive edge in the cutthroat apparel business. Fruit of the Loom contends the reports include production goals for plants in El Salvador, Honduras and Mexico that would allow Gildan to estimate production costs. They detail sales to specific customers, trends in demand and budget information.
- 25. Case Study: FBIArrests Man Selling Software Debug Code • HINDUSTAN TIMES, New Delhi, August 28, 2002 • Shekhar Verma arrested August 25, Ashok Hotel • Geometric Software Solutions Limited (GSSL) • Confidentiality Agreement (Not to disclose, sell, transfer, or assign any information on the project • US Software Giant, SOLID Works, engaged GSSL for debugging source Code of “Solid Works 2001 Plus” • Left GSSL in June 2002; took copy of source code
- 26. IP Rights: Copyright •Rights given to creators for their literary and artistic works • Protected works: books; newspapers; computer programs; databases; films, musical compositions; choreography; paintings; drawings; photographs; sculpture; architecture; advertisements; maps and technical drawings; no registration • Generally protected for 50 years after the death of the author • Extent of overlap between copyright and design laws
- 27. A Bundle ofExclusive Rights Economic Rights - Reproduce or make copies; – Distribute to public; – Sell, rent*, lease*, lend, license; – Display or perform to public; – Adapt and Translate (“Derivative works”); Moral rights** – Right of paternity: of acknowledgement; – Right of integrity: to object against mutilation and/or distortion of work; ** Moral rights cannot be transferred; but may be waived. * Generally applies only to certain types of works: i.e. Cinematographic works; musical works, or computer programs. Inherit, Gift, Sell or License
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- 29. What are RelatedRights? There are three kinds of “related rights”: Rights of performers • Actors • Musicians • Singers • Dancers … or generally people who perform in their performances; Rights of producers of sound recordings (also called phonograms) in their recordings (cassette recordings, compact discs, etc.); Rights of broadcasting organizations in their radio and television programs and in Internet broadcasts such as ‘podcasts’.
- 30. Marketing principles……. • Identifyopportunities and threats • Identify customer needs and expectations • Respond to a competitive environment • Carefully plan to make a New or Improved Product • Use the 4 P’s…. Product service Price Promotion Place (distribution) • Retain flexibility to respond to unforeseen changes
- 31. Building Trust andRelationships • A Brand is a consistent, holistic promise/pledge made by a company; the face a company presents •A Brand serves as an unmistakable symbol for products and services •“Business card” a company proffers on the competitive scene, to set itself apart from the rest
- 32. Source: Association ofProfessional Design Firms, APDF, http://www.apdf.org/Public/Index.asp?Page_ID=74
- 33. Trademarks • Trademarks arevaluable business assets • Interbrand 2003 Annual Survey of the world’s most valuable global brands: Coca-Cola: 70.45 billion US$ Microsoft : 65.17 billion US$ IBM: 51.71 US$.
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- 35. Value of abrand value is affected by... •New inventions •Adaptability to change (Management, Employees) •Changes in consumer tastes •Situation and trends in the economy •Industry trends and brands trends •Impact of technological developments
- 36. Example no. 1 •Decades ago, Coca-Cola decided to keep its soft drink formula a secret • The formula is only know to a few people within the company • Kept in the vault of a bank in Atlanta • Those who know the secret formula have signed non-disclosure agreements • It is rumored that they are not allowed to travel together • If it had patented its formula, the whole world would be making Coca-Cola
- 37. Example no. 2 •Patent for stud and tube coupling system (the way bricks hold together) • But: Today the patents have long expired and the company tries hard to keep out competitors by using designs, trademarks and copyright
- 38. Industrial Designs Business (Idea)point of view: – Make your product appealing to consumers – Customize products in order to target different customers (e.g. Swatch) – Develop the brand (e.g. Apple ’s « Think Different » strategy; i Pod)
- 39. Entrepreneurship 1 Entrepreneurship drivesinnovation, competitiveness, job creation and economic growth. It allows new/innovative ideas to turn into successful ventures in high-tech sectors and/or can unlock the personal potential of disadvantaged people to create jobs for themselves and find a better place in society.
- 40. Entrepreneurship 2 Entrepreneurship, insmall business or large, focuses on "what may be" or "what can be". One is practicing entrepreneurship by looking for what is needed, what is missing, what is changing, and what consumers will buy during the coming years.
- 41. Entrepreneurship 3 Entrepreneurs have: –A passion for what they do – The creativity and ability to innovate – A sense of independence and self- reliance – (Usually) a high level of self confidence – A willingness and capability (though not necessarily capacity or preference) for taking risks
- 42. Entrepreneurship 4 Entrepreneurs donot (usually) have: – A tolerance for organizational bureaucracies – A penchant for following rules – A structured approach to developing and implementing ideas – The foresight to plan a course of action once the idea is implemented and established
- 43. Entrepreneurial Success 1. People(Entrepreneur /Entrepreneurial Team) 2. Opportunity (Marriage of Market and Product/Service) 3. Access to Resources (Land. Labor, Capital, Knowledge And the fit amongst these three elements (Business Model)
- 44. Introduction to IPManagement 1 • Legal • Technical • Business • Export • Financial • Relationships • Accounting • Tax • Insurance • Security • Automation • Personnel
- 45. Introduction to IPManagement 2 • Trademarks (Brands) • Geographical Indications • Industrial Designs • Patents and Utility Models • Copyright and Related Rights • Trade Secrets • New Varieties of Plants • Unfair Competition