Comprehensive intellectual capital management step by step phần 9

240 IMPLEMENTING IPM UNDER THE CICM MODEL 241 STRATEGY Design Around Build a fortress Mapping PURPOSE Block growth plans of the competition. Enhance bargaining power in licensing Secure a competitive position. Weaken competition’s ability to threaten competitive position Create new competitive grounds FOCUS Competitor-based Market-based Organization-based to determine capabilities. Market-based to determine future trends STAGE OF MATURITY OF BUSINESS Growth businesses Embryonic and growth businesses Mature businesses to develop new areas EXHIBIT 13.5 The Use of Competitive IP Strategies • Assessing the business or legal life cycles of the primary IP assets in question • Introducing the strong secondary form of IP as supporting IP a few years before the end of the expected life cycle, or to revive an old brand in the case of trademarks • Marrying the two forms of IP in advertising and marketing • Using this strategy to transfer value of patents to trademarks/brands near the end of the patent legal term or business life cycle, transferring value from technological superiority to brand equity Long-term Short-term Increasing level of resources needed EXHIBIT 13.6 Required Investment and Expected Return for IP Competitive Strategies 242 STEP-BY-STEP GUIDE TO THE CICM MODEL • Using this strategy to revitalize a brand and hence preserve brand equity by transferring value from the right of publicity of a celebrity to brand equity, through celebrity endorse-ments • Using it with copyrighted works to transfer value from the original copyright to new derivative copyrights based on new versions of the work, to dress the old work with fea-tures that respond to new market trends Process 3: Choosing Commercialization IP Strategies As explained in Chapter 8, commercialization IP strategies can be either passive, reactive, or proactive. Though proactive commercialization strategies should be encouraged in most cases, a mix should be maintained between passive, reactive, and proactive strategies. This is because in cases in which the use of a certain group of IP assets as competitive weapons is not certain, a pas-sive strategy should be adopted. Exhibit 13.7 provides a guide on when each of these strategies should be used by reference to the primary form of IP. Again, it is noted that trade secreted mate-rial should be considered in connection to each of the primary forms of IP. Generally speaking, passive strategies are used whenever it is competitively harmful to offer the IP for commercialization. When competitive conditions are clearer, reactive strategies can be used to build the business value of the IP, while proactive strategies should be used once the value of the IP is more ascertainable. Proactive strategies should also be used whenever the organiza-tion aims to establish the new technology as a market standard. Hence, as the IP identity moves on the continuum, from being a competitive weapon to becoming a business asset, commercial-ization strategies should get increasingly proactive. Processes 4 and 5 relate to IP portfolio management where the building of the portfolio in a way that enhances the organization’s competitive performance is entrusted to strategic planning units at the business unit level. The emphasis is on the function, which may also be performed by senior management of the business unit or any other strategic planning department. Process 5 relates to leveraging the part of the IP portfolio where IP commercialization doesn’t jeopardize the competitive position of any of the business units. IP synergy teams should be formed to lever-age such of the IP as are cleared for proactive commercialization. As outlined in Chapter 8, the same function may be performed by a licensing, or business, unit provided its perspective is mul-tifunctional. These teams can also be formed as communities of practice (CoPs) with strategic business focus directed to a technological area or market segment. Process 4: Building the IP Portfolio: IP Strategy Units This process involves the creation of IP strategy units at the business unit level, to oversee defin-ing and managing the IP assets that are the basis of the unit’s competitive advantage. These units are mainly responsible for operationalizing the competitive IP strategies and applying them to their business needs. Each unit should: 1. Examine the IP portfolio to identify groups of IP that are at the basis of its competitive advantage by reference to scope of use, market share, and business unit growth rate. 2. Devise a plan for the development and augmentation of the IP identified under 1 above through the use of the appropriate competitive strategies. 3. Address in the development plan the use of value transference strategies for sustaining the competitive advantage relating to the identified IP group. This should be a multi-functional exercise. 243 244 STEP-BY-STEP GUIDE TO THE CICM MODEL 4. Align the various IP plans with the business strategy and objectives of the strategic busi-ness unit division, or the whole organization. This can be done with the central business development or growth department. 5. Determine the situations where litigation will be used as a competitive weapon to defend the market position established by the IP. Exhibit 13.8 provides a guide as to when to settle, litigate, or offer a license. 6. In cases of litigation, the following factors should be also considered:2 • The organization’s position in the market • The effect that enforcement could have on the organizational image or reputation • Any legal or other ramifications (e.g., adverse effects on working relations, or retalia-tory measures) • The effectiveness of the enforcement action • The probability of success and expected awards of damages • The costs involved Process 5: Leveraging the IP Portfolio: IP Synergy Teams This process includes the creation of cross-functional/divisional IP synergy teams to oversee operationalizing the commercialization strategies. IP synergy teams can be organized in perma-nent units, provided active interaction is maintained (use of CoPs here is an advantage) with var-ious departments and business units throughout and at all levels of the organization. The teams should proactively seek opportunities for leveraging IP across other business units (besides the one it originated in) and external networks, including opportunities around the globe and on the Internet. The following is a guide of the steps that can be taken for seeking opportunities both internally and externally. • Internal 1. Provide a profile of groups of IP,cleared for commercialization,for example,groups of patents relating to a certain technology, family of brands relating to a product category for franchising, and copyrights relating to a popular work. The profile should include details on the scope and strength of coverage, strength of protection, projected future uses depending on competitive intelligence, and assessment of present and future mar-ket trends. 2. Post the profile on the organization’s intranet with access to business units, sub-sidiaries, and network of partners. 3. Oversee transfer and licensing procedures and devise plans for the use of the IP where more than one business unit is interested, to ensure coordination for the further development of the IP in question. • External 1. Develop the profile prepared under internal step 1 to include prospective licensees. 2. Provide information on the IP to Web boards, online IP exchange sites (for patents and trademarks), trade shows, licensing agents, and partners’ networks, including global agents. 3. Create an interactive chat room on the intranet to receive ideas on commercializing IP as well as referrals, leads, and contacts. 4. Develop relations and contacts with corresponding teams or units in other organiza-tions, including those of the competition. ... - tailieumienphi.vn