一体化商业和知识产权战略.pptx

Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,#,Spotlight is on,knowledge,in todays 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,Market-oriented Economy,Playing Field: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,The challenge of,adding value,in todays economy,Raw materials/Inputs:Processing(,Value addition,)=Value added output/component;product;sale;,Profit,Value addition:,Cheaper,Faster,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,Value Addition,Value Delivery and Value Extraction,C,ustomer,E,xpectation,D,ilemma,Time,Performance,Expectations,Continuous,Improvement,Performance,Gap,Tangible and Intangible Assets,Intangibles differ from tangibles in,two ways,that“,change the rules of the game,”,(if not the game itself):,Value in context,Multiple simultaneous value streams,Levels of Product,Brand,Name,Quality,Level,Packaging,Design,Features,Delivery,&Credit,Installation,Warranty,After-,Sale,Service,Core,Benefit,or,Service,Actual,Product,Core,Product,Augmented,Product,Tangibility Spectrum,Tangible,Dominant,Intangible,Dominant,Salt,Soft Drinks,Detergents,Automobiles,Cosmetics,Advertising,Agencies,Airlines,Investment,Management,Consulting,Teaching,Fast-food,Outlets,Fast-food,Outlets,Selling Products,Customers who care about products“on their own terms”:is this the right product for me?,Build the“best”product,Best designed,Lowest cost,Most reliable,Selling Interconnected Systems,Customers who care about the total system experience:will this connect with the rest of my world?,Control the architecture,Or,Influence the architecture and build the best products within it,The challenge,Performance,Time,Selling,products,Selling(parts of),interconnected,systems,Strategic Entrepreneurship and Innovation,Entrepreneurship,is concerned with:,The discovery of profitable opportunities,The exploitation of profitable opportunities,Firms that encourage entrepreneurship are:,Risk takers,Committed to innovation,Proactive in creating opportunities rather than waiting to respond to opportunities created by others,Pre-IPO,Expansion,Start-Up,Seed,Idea/Concept,Time,$,Bright Idea,Experimental,Research,Business Plan,Proof of Concept,Legal Entity,Founders=Mgt Team,Minimal Revenue,Slow Growth,Support Functions,Administration,Marketing,Revenue Growth,High Growth,Head Count,Multiple Cycles,Viable,Market acceptance,Heading to IPO or M&A,The Process/Steps of Innovation,Understanding the Process of Innovation,Expansion,Start-Up,Seed,Idea/Concept,Time,$,Business Plan,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,Understanding the business/role of IP,Manufacturing,Patent,Distribution,Sales,Brand,Understand the value chain of the business and industry,Understand how profits are generated,primary product,spare parts and related products,service and maintenance,What are the important features of the IP?How does it add value to the business?,What are the important features of the industry other than IP?,other important intangible and tangible assets in the value chain,competitive structure of the industry,customer characteristics and purchasing criteria,substitute products or services,Suppliers,Established Leader,Complimentors,Customers,Other Competitors,Disruptive Technologies,Converging Technologies,You,IP Environment,IP Deployment Continuum,IP risk balance favors target,Goal:Design Freedom,Concerns,Opportunity,MAD,Balanced IP risk,Goal:Confirm MAD,IP risk balance favors You,Goal:Identify value generation opportunities,|,Sources and Conversions of Value,Sources of Value,Innovations,Complementary,Business Assets,Purchasing,Manufacturing,Distribution,Sales,Conversion,Mechanisms,Sale,Out-license,Joint Venture,Strategic Alliance,Integrate with,Current Business,Create New Business,Donate,Barter/Trade,$,Aligning Capabilities,Vision,Strategies,Innovation,Strategies,Value,Creation,Value Extraction,IP Objectives/Roles:,Strategic Framework,Cash Value,Positioning,Value,Where does Intellectual Property fit into this?,An Aspect of Good Management,People Management,because IP is generated by people and used by people,Knowledge Management,because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP,IT Strategic Planning,because a lot of IP is IT-related;someof the more complex IP issues arise in IT context,Contract Management,because IP is often created(or improved)in context of a contract(eg,supply contract or joint venture relationship),Asset Management,because IP is an asset,albeit intangible;it has a value,Risk Management,because there are risks to an organisation flowing from its actions,or failure to act,in relation to IP(including risk of lost opportunity),Introduction to IP Management 1,Legal,Technical,Business,Export,Financial,Relationships,Accounting,Tax,Insurance,Security,Automation,Personnel,Introduction to IP Management 2,Trademarks(Brands),Geographical Indications,Industrial Designs,Patents and Utility Models,Copyright and Related Rights,Trade Secrets,New Varieties of Plants,Unfair Competition,Bringing it All Together,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,Bringing it All Together,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,Bringing it All Together,Example No.3,Patent,for the fountain pen that could store ink,Utility Model,for the grip and pipette for injection of ink,Industrial Design:,smart design with the grip in the shape of an arrow,Trademark,:provided on the product and the packaging to distinguish it from other pens,Source:Japanese Patent Office,Registered Trade Mark,TM Unregistered,Registered Design,Copyright:Labels&Artwork,Patents:Several dozen!,Bringing it All Together,Example No.4,Basic Message 1,IP adds 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/artisticcreation,Invention,Financing,Product Design,CommercializationMarketing,Licensing,Exporting,Patents/Utility Models/Trade secrets,Copyright/Related Rights,Patents/Utility models,Industrial Designs/Trademarks/GIs,Trademarks/GIsInd.Designs/Patents/Copyright,All IP Rights,All IP Rights,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,A Key Framework:The industry life cycle,Era of Ferment/,Discontinuity,“Dominant design”,emerges,Maturity,Incremental,Innovation,New Ideas to Activity,Stage Gated Development Process(SGDP),Idea,Feasibility,Proof of Concept,Prototyping,Scale-up,Market Launch.,Milestones,Hurdles,Probabilities of Success.,How do the new ideas develop?,How are they moulded into the required solution?,How do you bring them to market?,Do you do it alone or do you need help?,Just about every development on the face of the earth today results from a team effort!,Developing New Technology?,Intellectual Capital,Human,Capital,Intellectual,Assets,Value Creation,Value Extraction,Intellectual,Property,The path from new ideas through validation to a new technology:,New,.,Technologies,SGDP,The Industry Life Cycle as an S curve,Performance,Time,Ferment,Takeoff,Maturity,Discontinuity,Uniqueness and Appropriability are very important:,If a particular innovation,or the knowledge on which it rests,can be completely“appropriated”then the innovating firm may be able to maintain a unique position.This is a tremendous source of bargaining power.,Sources of Appropriability,Intellectual property protection,Patents,Finite length,The right to prohibit“producing”,Copyrights,The right to prohibit“copying”,Secrecy,Trade secrets&non compete clauses,“Tacit”vs.codified knowledge,Speed,lead time,learning-curve advantages,Intellectual Property An Untapped Asset,IP is the most underutilized asset in business,Unrecognized on most balance sheets,Typically,an“afterthought”in business,IP is one of the single largest opportunities for companies to increase strategic business value,Create new business opportunities,Create barrier to entry for competitors,IP represents a significant,untapped opportunity for revenue generation,Patent Royalties in 2002 estimated at$100 Billion,Qualcomm 27%of revenues from patent licensing in FY 2004,Intellectual Property An Unrealized Threat,IP represents a significant business risk,Over 2 Million effective patents today,Patents filed increased from 175K in 1992 to 366K in 2004,The rush to monetize IP is on,Royalties increased from$500M to$100B in the 90s,Number of lawsuits doubled,cost tripled from 1992 to 2002,Many businesses are starting to act,Boeing,IBM,Lucent,Adobe,Microsoft,P&G,TI,Infrastructure companies are forming,Typical Responses,Integrated,Active IP Strategy,Active patent filing strategy,Use IP to achieve business objectives,Active effort to identify and mitigate IP Risks,Have An Active Patent Filing Strategy,Do actively capture ideas,Still dont coordinate filing objectives with business objectives,Have A Strategy,But Passive Versus Active,View IP as event driven rather than business process,Wait for submissions vs.engineering development of IP,No Defined IP Strategy,Do not have an IP Strategy,Do not link their IP Strategy to their business strategy,Definitions,Intellectual Capital,:Knowledge that can be used to create value.,Intellectual Assets,:Codified,knowledge that can be used to create value.,Intellectual Property,:Legally protected intellectual capital.,Definitions,Knowledge Management/Intellectual Capital Management,:the process by which an organisation or society generates wealth from its knowledge or intellectual capital.,Intellectual Asset Management,:the above process for codified assets.,Intellectual Property Management,:the above process for legally protected assets.,A View of Intellectual Capital,Intellectual,Property,Intellectual Assets,Knowledge&,Know-How,INTELLECTUAL,CAPITAL,When legally protected these are Intellectual Property,When codified these are Intellectual Assets,Most,Tangible,Least,The Components of Intellectual Capital:A Spectrum of Knowledge Assets,Patents,Trademarks,Publishing,Rights,Brand logos,designs,Copyrights,Information,Databases,Industrial,Design,Software,Platforms,Trade,Secrets,Confidential,Information,Technology,Structural,Capital,Know-HowCustomer Capital,Unpatented,Research,Knowledge,Providing,Value,Human,Capital,Culture,Source:PricewaterhouseCoopers,Frank Lynn&Associates,IDC,What are They Buying?,Source:IDC,High Performance Partnering Workshops,Whole Product Offering,Post-Sales Support,Transactional Support,Pre-Sales Support,Integration Services,Software,Consulting,Hardware,The,Product,Elements of the,whole,product,Consulting services,System hardware,System software,Development tools,Server applications,Application development/modification services,PC/client hardware,Desktop applications,LAN products,WAN connectivity products,Systems integration services,Training services,Maintenance/support services,Server hardware,Client hardware,Software,Network,IDC,Source:IDC,High Performance Partnering Workshops,Focus on Policy Formulation:,Business,Management,Enterprise,Governance,Policy,Performance,Strategy,Operations,ManagementBoard/CEO,Functional Managers,General Managers,Vision-directed and Values-driven:,The management of a business enterprise requires the strategic navigation of the macro-economic environment of the business.It demands that all executives understand the performance levels,trends,risks,opportunities,and threats that define the external context of business operations.It also demands that executives know how external change will influence the direction of their past business choices and what flexibility they have in decision-making to make choices that drive the business toward its agreed-upon vision and exercises the desired values for cultural behavior.,World of,Facts,Scenario,Options,World of,Possibilities,Values,Vision,Business,Case,Politics,Regulations,Economics,Technology,Environment,Market Research,Technology Assessment,Competitive Analysis,Strategic Benchmarking,Customer Analysis,Business Performance,Critical Assumption Evaluation,Discontinuity Analysis,Strength-Weakness-Opportunity-Threat Analysis,Enterprise,In search of,potential strategic inflection points,How will technology advances drive your business?,“Strategy doesnt come from a calendar-driven process;it isnt the product of a systematic search for ways of earning above average profits;strategy comes from viewing the world in new ways.Strategy starts with an ability to think in new and unconventional ways.”,Gary Hamel,consultant,academic and author,Why have a strategy?,1.,To make choices,Reasons to have a strategy2,.,To be able to change it,What is a“strategy”anyway?,What is it?,A defining statement containing the intent and direction of the corporation,&delineating the strategic plans to achieve its objective.,A,living,guideline,that focuses and directs efforts of the corporation.,Constantly tested and modified as required.,Not to be circumvented without deliberate modification.,Balances and integrates the following elements:,Vision of strategic direction for long-term strength,Market direction and needs,Competitive effects,Technology strategy,Product strategy,Core competency,Resource alignment,Corp