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Aleck Ncube, Intellectual property
IN today’s world, the abundant supply of goods and services on the markets has made life very challenging for any business, big or small. In the quest to remain ahead of competitors in this environment, every business strives to create new and improved products (goods and services) that will deliver greater value to users and customers. To differentiate their products which is a prerequisite for success in today’s markets, businesses rely on innovations that reduce production costs and/or improve product quality. In a crowded marketplace, businesses have to communicate the specific value offered by their products hence the need for effective marketing through a well thought-out brand strategies.
In the knowledge-driven, private sector oriented economic development paradigm, the different types of intangible assets of a business are often more important and valuable than its tangible assets. A key subset of intangible assets is protected by what are labelled collectively as Intellectual Property Rights (IPRs). These include trade secrets protection, copyright, design and trademark rights, and patents as well as other types of rights. IPRs create tradable assets out of products of human intellect and provide a large array of IPR tools on which businesses can rely on to help drive their success through innovative business models.
All businesses, especially those which are already successful, nowadays have to rely on the effective use of one or more types of Intellectual Property (IP) to gain and maintain a substantial competitive edge in the marketplace. Business leaders and managers, therefore, require a much better understanding of the tools of the IP system to protect and exploit the IP assets they own, or wish to use, for their business models and competitive strategies in domestic and international markets.
IPRs provide a basis for businesses to:
1. Prevent others from copying their products or using their innovations — this is particularly relevant in today’s competitive markets;
2. Create a strong brand identity — by product differentiation through the strategic use of one or more types of IPRs;
3. Obtain valuable competitive intelligence — analysing commercial and technological information from patent, trademark and design databases can increase a company’s understanding of technological fields and trends; identify future research and growth areas; and analyse competitors, thereby saving research/development/marketing time and resources;
4. Gain revenues through licensing, franchising or other IP transactions
5. Obtain financing or venture capital — IP assets which have legal protection and can be valued can be leveraged to obtain capital;
6. Increase their commercial value;
7. Access new markets;
8. Engage in different types of business partnerships — IP rights provide a basis for collaborative partnerships, e.g. in research, marketing, open innovation, outsourcing etc.;
9. Ensure freedom to operate — owning or licensing in key IPR can reduce the risk of businesses infringing IPRs of others when using technologies, trademarks, designs, and copyright works; and
10. Segment geographical markets — in some countries, IP owners can prevent goods protected by their IPRs which are put on the market in one country or region, from being imported into another country in which they also have IPR protection.
Use of IP is one of the key strategies that businesses may rely upon to improve their competitiveness. Innovative enterprises may also rely on lead time, speed to market, contractual agreements, or technical means of preventing copying. The role IP plays in a business can vary depending on different factors such as:
1. The business model — some models will have IP as a key element while IP may play a less central role in other models. Different types of IPRs will also be relevant to different business models e.g. patents, know-how and trade secrets will be central to technology companies, while trademarks and designs will be more important to consumer brand sector;
2. The market — different tools for protecting IP assets will be relevant according to market conditions such as the length of product cycles, the risks of IPR infringement by competitors and the effectiveness and cost of enforcement of IPRs against competitors;
3. The type of IP used — different types of IPRs play different roles (e.g. trademark protection will be used to protect brands; patents to protect technology; copyright to protect software; design rights to protect new designs). Most businesses will utilise more than one type of IPR;
4. The stage of the business’ evolution: the role of IPRs in a business will usually become more sophisticated as the business evolves; and
5. The awareness of its managers about the role of IP: the importance given to in abusiness will depend on how its managers approach the IP function.
Despite the growing importance of the value of intangible assets, many businesses do not make full use of the IP system, often through lack of awareness or understanding, lack of expertise, or concern about costs. The level of understanding of how to manage and commercialise IP varies between companies, though small and medium-sized enterprises (SMEs) in particular lag behind in this area. It is essential for businesses and their advisors to understand that legal protection of IPRs in itself is not sufficient and that a successful IP management strategy has to integrate the role of IP in the wider business context.
In view of the importance of IP to businesses today, there is a clarion call for the chambers of commerce and business associations in Zimbabwe to urgently provide members with IP support services. Business membership organisations, such as Zimbabwe National Chamber of Commerce (ZNCC) and its affiliate national members and associations is uniquely placed to help businesses access quality IP asset management expertise through providing services tailored to their needs. Business associations also play an important part in educating their local business communities and policy makers about the role of the IP system.
An IP service should be seen as a part of a broader integrated package of tools and services to help businesses become and remain competitive.
It should not be provided as an isolated service; IP issues should be kept in mind even when providing support to businesses in other areas. Support should be provided to companies not just for registration/grant of IPRs, but throughout the innovation process, from the development of ideas up till the commercialisation of intangible assets. Business membership organisations should therefore take into account IP considerations in a wide range of activities that a company performs.
Aleck Ncube is an Intellectual property educator based in Bulawayo. He can be contacted on Mobile: +263712374408 Skype: Matintas1 Twitter: @aleckncube Alternative E-mail: [email protected]
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