Unit V
Unit V
UNIT-V
Innovation Management
Capabilities
Capabilities is an umbrella term used to cover the different abilities and resources the
organization has for creating and managing innovation.
The capabilities aspect revolves primarily around people, as innovation relies heavily on the
abilities of both individuals and teams collectively. It refers first and foremost to
the abilities, unique insights, know-how and practical skills of the people working for the
organization. However, it also covers areas, such as the information capital and tacit
knowledge of the organization, as well as their other resources and available financial
capital, all of which might be required to create innovation.
Structures
The difference between structures and capabilities is that structures enable the effective
use of the said capabilities.
In practice, this means the organizational structure, processes, and infrastructure of the
organization.
The right structures can work as a force multiplier allowing the organization to operate and
innovate much more effectively.
For example, without the right communication channels, the right processes for making
decisions, and the right infrastructure for implementing ideas, very few of the ideas that
people are coming up with will actually see the light of day. This is where tools, such as
innovation management software, can make a difference.
Without the right communication channels, the right processes for making decisions, and
the right infrastructure for implementing ideas, very few of the ideas that people are
coming up with will actually see the light of day.
Organizational structure is one of the keys here. If every new innovative initiative is forced
to go through the same chain-of-command and same processes as minor changes to the
existing organization, it’s very likely that many innovations will be smothered.
Teams working on innovation need to be able to move fast and adapt to their environment,
as well as make decisions independent of the traditional ways of doing things in the
organization.
So, don’t try to force the same rules and processes for everyone in your organization.
Economics of scale simply don’t work when it comes to innovation.
One of the more popular approaches for starting to create a more innovative organization is
to work towards building a so-called ambidextrous organization. This simply means that the
organization is structured in a way that allows new businesses to be independent from the
pre-existing ones.
Structures can also be used to reinforce (or if done poorly, erode) the culture of the
organization, which brings us to our next aspect.
Culture
If structures allow the effective use of capabilities, culture is what enables the organization
to acquire the capabilities related to people.
With the right kind of pro-innovation culture, the organization is much more likely to be
able to recruit and keep the right people in the organization.
An appropriate pro-innovation culture encourages the right kind of behaviour and
discourages the wrong kind. As the effects quickly cumulate, culture can make a
tremendous difference for the innovativeness of an organization. Here are some of
the more commonly accepted traits for an innovative culture:
• Emphasizes the need to always think of ways to get better
• Values speed, learning and experiments
• Considers failure as just a normal part of the process for creating anything new
• Provides enough freedom and responsibility and is led primarily
with vision and culture instead of a chain-of-command approach
Strategy
Last but not least, is strategy. Strategy is, simply put, the plan the organization has for
achieving long-term success.
But what’s critical to understand is that strategy is ultimately about making a deliberate
choice between a number of feasible options to have the best chance of “winning” and this
choice shouldn’t obviously be separate from the execution.
The link between innovation and strategy is quite an extensive topic, but in essence,
innovation is simply one of the means to achieving your strategic goals.
Innovation is simply one of the means to achieving your strategic goals.
Introduction
Virtually all innovations, certainly major technological innovations such as pharmaceutical
and automobile products, occur within organizations. The management of innovation within
organizations forms the focus for this chapter. The study of organizations and their
management is a very broad subject and no single approach provides all the answers. The
identification of those factors and issues that affect the management of innovation within
organizations are addressed in this chapter.
The previous chapter outlined some of the difficulties in studying the field of innovation. In
particular, it emphasized the need to view innovation as a management process within the
context of the organization. This was shown to be the case especially in a modern
industrialized society where innovation is increasingly viewed as an organizational activity.
This chapter tackles the difficult issue of managing innovation within organizations. To do
this, it is necessary to understand the patterns of interaction and behaviour which represent
the organization.
The theory of organizations is a set of ideas drawn from many disciplines and lies beneath
much of the study of innovation. In many ways organization theory bridges pure social and
behavioural sciences and management practices at the level of the organization. As an
applied science it examines the behaviour of organizations and provides useful information
about how organizations respond to different management techniques and practices, hence
its importance in understanding how the process of innovation is managed.
Given the diversity of the literature in this field, there are few clear prescriptions on what
organizations need to do in order to manage innovation successfully. Nonetheless, there are
numerous analytical frameworks and organization-specific models of innovation. The
literature can be classified into four dominant strands (Perrow, 1970).
at Western Electric (Roethlisberger and Dickinson, 1939). These new approaches identified
informal and non-legitimized group processes within the organization. Informal
communications and activities were unearthed by social scientists and found to influence
organizational behaviour. This school of thought also led to the development of the
contingency theory.
Contingency Approach
The third main strand of literature is represented by organization contingency
theories. These posit the view that there is not necessarily a single best organizational
structure, but rather that the structure should be adapted to the activities being performed.
Organizational activities or tasks arc the things that individuals do as part of groups in order
for the organization to achieve its purposes. This emphasis on internal activities rather than
structure is an important factor with regard to innovation. This book takes the view that the
process of innovation is made up of a series of linked activities within an organization. This
book takes the view that the process of innovation is made up of a series of linked activities
within an organization.
Research in this field (Thompson, 1967; Perrow, 1970; Hull and Haige, 1981) has
identified a range of different characteristics that organizations have exhibited that, it is
argued, more accurately describe the range of different organizational environments. The
following list represents a typology of characteristics that have been identified within
certain organizations:
Certainty vs uncertainty
Stability vs instability
Uniform vs non-uniform
Few exceptions vs many exceptions
Many repetitive events vs few repetitive events
In general, contingency theory argues that tasks that are certain, stable, uniform, have
few exceptions and many repetitive events are compatible with bureaucratic organizational
forms, which stress formality. At the other end of the task continuum, tasks have many
exceptions and few repetitive events are compatible with organic flexible organizational
forms .
Systems Theory
The fourth set of ideas developed concurrently with contingency theory during the
1960s and 1970s. However, systems theory emphasizes processes and dynamic analysis
rather than characteristic and structural analysis. (Checkland, 1989; Thompson, 1967; Katz
and Khan, 1966). The origins of the theory can be traced back to the 1950s when Ludvig von
Bertalanffy, a biologist, first used the term ‘systems theory’ (Bertalanffy, 1951). Systems
theorists analyze the commercial organization from the perspective of complex organic
systems).
relatively stable elements, whereas processes are the dynamic relationships among system
elements over time.
Table
Issues identified by systems theory that need to be managed
Issue Characteristics
Adaptation The ability to alter ways of working to meet the changing
environment.
Co-ordination Enabling the different parts of the organization to function as
one
Integration The ability to harmonise a diverse range of activities and people
Stability Coping with friction between organizational parts
Output Achieving purposes and goals
Maintenance Keeping elements in the system active
Table
Organizational characteristics that facilitate the innovation process
Organizational Characteristics
requirement
Growth orientation A commitment to long term growth rather than short term
profit.
Vigilance The ability of the organization to be aware of its threats and
opportunities
Commitment to The willingness to invest in the long term development of
technology technology
Acceptance of risks The willingness to include risky opportunities in a balanced
portfolio
Cross functional co- Mutual respect among individuals and a willingness to work
operation together across functions
Receptivity The ability to be aware of, to identify and to take effective
advantage of externally developed technology
This school of thought has led to a richer and better understanding of organizational
activities. For example, the issues in Table 2.2 are said to be continually addressed by
organizations. They should be viewed as issues that need to be managed rather than
problems that can be solved (Georgopoulos, 1972).
In addition, systems theory has also highlighted the importance of the organization’s
interaction with the external world. Indeed, this interaction is identified as an important
element of the innovation process. It is precisely the way in which organizations manage
and capture the benefits from the knowledge flows, which are the product of these
interactions, that will affect their ability to innovate.
environment where ideas can be tested and developed. This poses one of the most
fundamental problems for management today.
Take any medium to large company and examine its operations and activities. From
Mars to Ford, and from P & G to Sony, these companies have to ensure that their products
are carefully manufactured to precise specifications and that they are delivered for
customers on time day after day.
Managing Uncertainty
It is becoming clear that product innovation is a complex process. Figure 1.6
highlighted the main areas of attention, but each of these represents a complex area in
itself. Innovation involves numerous factors acting separately but often influencing one
another. Organizations have to respond to internal and external events, some of which are
beyond their control. While management in general involves coping with uncertainty,
sometimes trying to reduce uncertainty, the purpose why involved in innovation is to
develop something different, maybe something new. The management of the innovation
process involves trying to develop the creative potential of the organization. It involves
trying to foster new ideas and generate creativity. Managing uncertainty is a central feature
of managing the innovation process.
The innovation process, outlined at the end of Chapter 1, identified the complex
nature of innovation. It also emphasizes the need to view innovation within the context of
the organization. Table 2.3 represents a classification of the main organizational
characteristics that are continually identified in the literature as necessary for successful
innovation.
Growth Orientation
It is sometimes surprising to learn that not all companies’ first and foremost objective
is growth. some companies are established merely to exploit a short-term opportunity.
Other companies, particularly family run ones, would like to maintain the company at its
existing size. At that size the family can manage the operation without having to employ
outside help. Companies that are innovative are those companies whose objective is to
grow the business. This does not imply that they make large profits one year then huge
losses the next, but they actively plan for the long term. There are many companies who
make this explicit in their annual reports, companies such as J. Sainsbury, ICE, BMW, Renault
and Mercedes-Benz.
Vigilance
Vigilance requires continual external scanning, not just by senior management but also
by all other members of the organization. Part of this activity may be formalized. For
example, within the marketing function the activity would form part of market research and
competitor analysis. Within the research and development department scientists and
engineers will spend a large amount of their time reading the scientific literature in order to
keep up to date with the latest developments in their field. In other functions it may not be
as formalized but it still needs to occur. Collecting valuable information is one thing, but
relaying it to the necessary individuals and acting on it are two necessary associated
requirements. An open communication system will help to facilitate this.
Commitment to Technology
Most innovative firms exhibit patients in permitting ideas to germinate and develop
over time. This also needs to be accomplished by a commitment to resources in terms of
intellectual input from science, technology and engineering. Those ideas that look most
promising will require further investment. Without this long-term approach it would be
extremely difficult for the company to attract good scientist. Similarly, a climate that invests
in technology development one year then decides to cut investment the next will alienate
the same people in which the company encourages creativity. Such a disruptive
environment does not foster creativity and will probably cause many creative people to
search for a more suitable company with a stronger commitment to technology.
Acceptance of Risks
Accepting risks does not mean willingness to gamble. It means the willingness to
consider carefully risky opportunities. It also includes the ability to make risk assessment
decisions, to take calculated risks and to include them in a balanced portfolio of projects,
some of which will have a low element of risk and some a high degree of risk.
Cross-functional Co-operation
Inter-departmental conflict is a well-documented barrier to innovation. The
relationship between the marketing and R&D functions has received a great deal of
attention in the research literature. This will be explored further in Chapter 6, but generally
this is because the two groups often have very different interests. Scientists and
technologists can be fascinated b new technology and may sometimes lose sight of the
business objective. Similar y, the marketing function often fails to understand the
technology involved in the development of a new product. Research has shown that the
presence of some conflict is desirable, probably acting as a motivational force (Souder,
1981). It is the ability to confront and resolve frustration and conflict that is required.
Receptivity
The capability of the organization to be aware of, identify and take effective advantage
of externally developed technology is key. Most technology-based innovations involve a
combination of several different technologies. It would be unusual for all the technology to
be developed in house. Indeed, business are witnessing an increasing number of joint
ventures and alliances (Hinton and Trott, 1996), often with former competitors. For
example, IBM and Apple have formed a joint venture to work on mutually beneficial
technology. Previously these two companies fought ferociously in the battle for market
share in the personal computer market.
Slack
While organizations place great emphasis on the need for efficiency, there is also a
need for a certain amount of ‘slack’ to allow individuals room to
think, experiment, discuss ideas and be creative (Cordey-Hayes et a!., 1997). In many R&D
functions this issue is directly addressed by allowing scientists 10—15 percent of their time
to spend on the projects they choose. This is not always supported in other functional areas.
Adaptability
The development of new product innovations will invariably lead to disruptions to
established organisational activities. Major or radical innovations may result in significant
changes, although the two are not necessarily inked The organization must be ready to
accept change in the way it manages its internal activities. Otherwise opposed innovations
would be stifled due to a reluctance to alter existing ways f working or to learn new
techniques. In short, organizations need the ability to adapt to the changing environment.
It is the ability to manage this diversity of knowledge and skills effectively that lies at the
heart of the innovation process.
The seminal work by Burns and Stalker (1961) on Scottish electronic organizations
looked at the impact of technical change on organisational structures and on systems of
social relationships. It suggests that ‘organic’, flexible structures, characterized by the
absence of formality and hierarchy, support innovation more effectively than do
‘mechanistic’ structures. The latter are characterized by long chains of command rigid work
methods, strict task differentiation, extensive procedures and a well defined hierarchy.
Many objections have been raised against this argument, most notably by Child (1973).
Nevertheless, flexible rather than mechanistic organisational structures are still seen,
especially within the business management literature, as necessary for successful industrial
innovation. In general, an organic organization is more adaptable, more openly
communicating, more consensual more loosely controlled. As Table 2.4 indicates, the
mechanistic organization tends to offer a less suitable environment for managing creativity
and the innovation process. The subject of organization structures is also discussed in
Chapter 6 in the context of managing new product development teams.
Formalization
Following Burns and Stalker, there have been a variety of studies examining the
relationship between formalization and innovation. There is some evidence of an inverse
relationship between formalization and innovation. That is, an increase in formulization
procedures will result in a decrease in innovative activity. It is unclear, however, whether a
decrease in procedures and rules would lead to an increase in innovation.) Moreover, as
was argued above, organizational planning and routines are necessary for achieving
efficiencies.
Complexity
The term complexity here refers to the complexity of the organization. In particular, it
refers to the number of professional groups or diversity of specialists within the
organization. For example, a university, hospital or science based manufacturing company
would represent a complex organization. This is because within these organizations there
are several professional groups. In the case of a hospital, nurses, doctors and a wide range
of specialists represent the different areas of medicine. This contrasts sharply with an
equally large organization that is, for example, in the distribution industry. The management
of supplying goods all over the country will be complex indeed; but it will not involve the
management of a wide range of highly qualified professional groups.
Centralization
Centralization refers to the decision-making activity and the location of power within
an organization. The more decentralized an organization the fewer levels of hierarchy
usually required. This tends to lead to more responsive decision making closer to the action.
Organizational size
Size is a proxy variable for more meaningful dimensions such as economic and
organizational resources, including number of employees and scale of operation. Below a
certain size, however, there is a major qualitative difference. A small business with fewer
than 20 employees differs significantly in terms of resources from an organization on with
200 or 2000 employees.
The innovation literature has consistently acknowledged the importance of the role of
the individual within the industrial technological innovation process. (Rothwell et al., 1974;
Szakastis et al., 1974; Langrish et a!,, 1972; Schock, 1974; Utterback, 1975; Rothwell, 1976).
Furthermore, a variety of key roles have developed from the literature stressing particular
qualities (see Table 2.4). Rubenstien et al. (1976) went further, arguing that the innovation
process is essentially a people process and that organizational structure, formal decision-
making processes, delegation of authority and other formal aspects of a so-called well-run
company are not necessary conditions for successful technological innovation. Their studies
revealed that certain individuals had fulfilled a variety of roles (often informal) that had
contributed to successful technological innovation.
In addition, the organization should try to build an environment that tolerates errors
and mistakes. This will encourage people to try new ideas and put mistakes. This will
encourage new ideas need to be rewarded in terms of publicity for the people involved. This
is usually most easily achieved through internal newsletters or company magazine. In
addition, financial rewards - promotions, gifts or holidays-may be offered.
Product Strategy
What is a Product Strategy?
A product strategy is a high-level plan describing what a business hopes to accomplish with
its product and how it plans to do so. This strategy should answer key questions such as who
the product will serve (personas), how it will benefit those personas, and what are the
company’s goals for the product throughout its lifecycle.
Why is Product Strategy Important?
A product strategy serves three main valuable business purposes.
1. It provides clarity for your company.
Your team will be in a better position to deliver their best work when you draft and
communicate a clear and well-thought-out product strategy to your organization.
Your developers will understand how the parts of the product they’re working on
contributing to the larger companywide strategic goals. Developers can sometimes feel
caught amongst all the details and lose sight of the overarching purpose behind all of their
work, and a product strategy clarifies that for them.
Your marketing and sales teams will be able to articulate the product’s benefits and unique
selling proposition. However, without a defined strategy behind a product—generating
anticipation and sales becomes difficult.
Additionally, your customer success team will better understand your product’s use cases
and provide better support for your users’ frustrations.
Initiatives
Initiatives are the strategic themes you derive from your product goals and then place on
your roadmap. They are large, complex objectives your team must break down into
actionable tasks. (The product roadmap is, after all, only the high-level blueprint.) Examples
of product initiatives include:
• Improve customer satisfaction
• Increase lifetime customer value
• Upsell new services
• Reduce churn
• Add customer delight
• Break into new industries or geographical areas
• Sustain product features
• Increase mobile adoption
A new product opens a whole new market: It can completely replace a current product, take
over an existing product, or simply broaden the market for something that already exists.
Sometimes existing products are introduced to new markets, repackaged, or marketed
differently. New products can improve the use of a company’s resources, launch a company
into a new market or segment of the market, improve the relationship a company has with
its distributors, or increase or defend a company’s market share
The following eight stages were developed to improve the new product’s marketability and
your team’s productivity once you have a product idea. After each stage is complete, you
must decide whether or not to continue.
Stage 1: Generating:
Your company has a product idea. The first step counts on your performance of
a SWOT analysis. In a SWOT analysis, also known as a SWOT matrix, you perform a basic
scan of your organization’s Strengths, Weaknesses, Opportunities, and Threats. Strengths
and Weaknesses are internal to your company, whereas the Opportunities and Threats are
external. Things to consider during your SWOT analysis are the current marketing trends,
return on investment (ROI), and any notable costs such as distribution. This step is where
you develop the roadmap for the product. Many experts advise developing more than one
road map scaled to fit different risk levels.
Stage 2: Screen the Idea
In this step, an objective group or committee reviews criteria that you developed and
decides to either continue or drop a project. This step is done quickly so that you drop any
ideas that do not make the cut. Market potential, competition, ROI, and realistic production
costs should be part of the criteria.
Stage 3: Test the Concept
In this step, you are testing the concept with your customers. This is after the internal
screening step, so the picture itself is more firm. The customers should be able to display
their understanding of the product, and say whether they want or need it. Their feedback
gives your company some marketing ideas and potential tweaks to the product itself.
Stage 4: Business Case Analysis
In this step, you have a fully formed product; the concept has been reviewed internally and
externally. At this time, you can develop a set of metrics and a business case. The metrics
should include the development time, the value of any launched products, the sales figures,
and other data that shows the utility of your process. The business case should paint a
complete picture of the product, from the marketing strategy to the expected revenue.
Stage 5: Product Development
This is the step where your product takes flight. You are getting ready for consumer testing,
so the technical team must complete your design. During this step, you should complete
beta versions, settle on manufacturing methods, and address packaging.
Stage 6: Test Market
In this step, the whole concept is together and pitched to your consumer test group as the
beta test. In this way, you validate your concept. At this time, you should work out any
technical issues with the product.
Stage 7: Commercialization
This is the step that finally takes your product to launch in the marketplace. Complete final
marketing and prices, and give the finalized details to rest of your company - especially the
sales and distribution teams. Set up technical support to monitor customer’ needs.
Stage 8: Launch!
The launch plan should be comprehensive for maximum impact. At a minimum, include
these seven things in your launch plan:
1. Market research including who will buy your product
2. A competitive analysis outlining how your product is different and similar to the
competition, why customers may buy elsewhere, and how you will lure them to your
product
3. A marketing strategy and the test of the strategy with your focus group
4. A public relations program
5. A complete product
6. A marketing plan timeline
7. A trained and ready sales team
It is important to understand this model, as many firms still adhere to the traditional eight-
step process. The APQC revamped this eight-step model and consolidated into a five-step,
five-gate model. This also aligns with traditional process mapping. Stage zero of this
consolidated process is your innovation process with all of your company’s great ideas.
Stages one and two could ideally be categorized under the same screening step. Also, after
you launch the product, you should perform a review of your process. The steps in this
consolidated and slightly reworked model are:
Stage 1: Discover new product ideas
Stage 2: Build your business case
Stage 3: Development
Stage 4: Test
Stage 5: Launch
Small-business owners play an important leadership role in identifying and applying new
technologies. By investing in initiatives that enable them to deliver effective and efficient
products and services, they discover innovative solutions to complex problems. Successful
innovation using technology requires expert project management, collaboration, planning
and implementation. Global competition and rigorous demand to bring products to
market faster influencse decisions. Effective strategies result in creative new systems,
technology, products and services.
Project Management
Successful small-business owners establish projects that enable strategic advancements.
Effective project managers follow the guidelines published in the Project Management
Institute’s “Project Management Body of Knowledge.” Using the five process groups,
known as initiating, planning, executing, monitoring and controlling, and closing, these
project managers take creative ideas and transform them into real products and services.
By gathering requirements, managing stakeholders and improving processes continuously,
they generate solutions that work.
Collaboration
The Internet provides opportunities for small-business owners to easily connect with
other entrepreneurs and learn by sharing tips, tricks and techniques. Using social media
technology, such as wikis, blogs and forums, innovators can get advice on how to solve
problems or troubleshoot complex issues. Collaborative platforms, such as Microsoft
Sharepoint, Jive or Google Docs, enable participants to share files, debate issues and rate
content. Managing innovation and technology tends to be an iterative process that
requires input from many talented individuals. Even small-business employees can
interact on a global basis.
Process
Successful entrepreneurs develop strategies that enable them to solve business problems
in a creative way. By training their teams to use creative problem-solving processes, such
as the Simplex Process, these innovators view problems as opportunities. They identify the
problem by interviewing customers or evaluating current products. Then, the team
analyzes existing data and conducts market research to understand previous attempts to
solve the problem. They define the problem at the right level. Next, they generate ideas
through brainstorming and discussion. Finally, they select viable alternatives to pursue,
design and develop.
Analysis
An effective strategy for managing innovation and technology usually involves making use
of comprehensive analysis tools. These tools ensure the team can manage risk to minimize
negative impact and exploit opportunities. They also use decision-support tools, such
impact analysis and force field analysis, to examine possible outcomes and choose the
best solution to a problem. By calculating the net present value and internal rate of
return, the project manager ensures that the effort makes sense from a financial point of
view. Net present value represents the difference between cash intake and outflow. The
internal rate of return determines the rate of growth for a project. Accurately determining
whether the return from an investment might be worth less than investment itself
prevents business blunders.
There are several important practical reasons why you should protect your IP.
• protect it against infringement by others and ultimately defend in the courts your
sole right to use, make, sell or import it
• stop others using, making, selling or importing it without your permission
• earn royalties by licensing it
• exploit it through strategic alliances
• make money by selling it.
IP Rights protect several aspects of a business and each type of IP Right carries its own
advantages. The scope of IP Rights is very wide, but the prime areas of intellectual property
which are of utmost importance for any startup venture are as follows:
• Trademarks
• Patents
• Copyrights and Related Rights
• Industrial Designs
• Trade Secrets
TRADEMARKS
The Trade Marks Act 1999 ("TM Act") provides, inter alia, for registration of marks, filing of
multiclass applications, the renewable term of registration of a trademark as ten years as
well as recognition of the concept of well-known marks, etc. It is pertinent to note that the
letter "R" in a circle i.e. ® with a trademark can only be used after the registration of the
trademark under the TM Act.
Trademarks means any words, symbols, logos, slogans, product packaging or design that
identify the goods or services from a particular source. As per the definition provided under
Section 2 (zb) of the TM Act, "trade mark" means a mark capable of being represented
graphically and which is capable of distinguishing the goods or services of one person from
those of others and may include shape of goods, their packaging and combination of colors.
Points to Consider While Adopting a Trademark
Any startup needs to be cautious in selecting its trade name, brands, logos, packaging for
products, domain names and any other mark which it proposes to use. You must do a
proper due diligence before adopting a trademark.
principle, (h) the formulation of an abstract theory, (i) a mere discovery of any new property
or new use for a known substance or process, machine or apparatus, (j) a substance
obtained by a mere admixture resulting only in the aggregation of the properties of the
components thereof or a process for producing such substance, (k) a mere arrangement or
rearrangement or duplication of known devices, (l) a method of agriculture or horticulture,
and (m) inventions relating to atomic energy or the inventions which are known or used by
any other person, or used or sold to any person in India or outside India. The application for
the grant of patent can be made by either the inventor or by the assignee or legal
representative of the inventor. In India, the term of the patent is for 20 years. The patent is
renewed every year from the date of patent.
Use of Technology or Invention
While using any technology or invention, the start-up should check and confirm that it does
not violate any patent right of the patentee. If the start-up desires to use any patented
invention or technology, the start-up is required to obtain a license from the patentee.
Enforcement of Patent Rights
It is pertinent to note that the patent infringement proceedings can only be initiated after
grant of patent in India but may include a claim retrospectively from the date of publication
of the application for grant of the patent. Infringement of a patent consists of the
unauthorized making, importing, using, offering for sale or selling any patented invention
within the India. Under the (Indian) Patents Act, 1970 only a civil action can be initiated in a
Court of Law. Like trademarks, the relief which a court may usually grant in a suit for
infringement of patent includes permanent and interim injunction, damages or account of
profits, delivery of the infringing goods for destruction and cost of the legal proceedings.
COPYRIGHT
Copyright means a legal right of an author/artist/originator to commercially exploit his
original work which has been expressed in a tangible form and prevents such work from
being copied or reproduced without his/their consent.
Under the Copyright Act, 1957, the term "work", in which copyright subsists, includes an
artistic work comprising a painting, a sculpture, a drawing (including a diagram, a map, a
chart or plan), an engraving, a photograph, a work of architecture or artistic craftsmanship,
dramatic work (recitation, choreographic work), literary work (including computer
programmes, tables, compilations and computer databases), musical work (including music
as well as graphical notations), sound recording and cinematographic film.
In the case of original literary, dramatic, musical and artistic works, the duration of copyright
is the lifetime of the author or artist, and 60 years counted from the year following the
death of the author and in the case of cinematograph films, sound recordings, posthumous
publications, anonymous and pseudonymous publications, works of government and works
of international organizations are protected for a period of 60 years which is counted from
the year following the date of first publication.
In order to keep pace with the global requirement of harmonization, the Copyright Act,
1957 has brought the copyright law in India in line with the developments in the information
technology industry, whether it is in the field of satellite broadcasting or computer software
or digital technology.
Registration of Copyright
In India, the registration of copyright is not mandatory as the registration is treated as mere
recordal of a fact. The registration does not create or confer any new right and is not a
prerequisite for initiating action against infringement. The view has been upheld by the
Indian courts in a catena of judgments. Despite the fact that the registration of copyright is
not mandatory in India and is protectable through the International Copyright Order, 1999,
it is advisable to register the copyright as the copyright registration certificate is accepted as
a "proof of ownership" in courts and by police authorities, and acted upon smoothly by
them.
Enforcement of Copyright in India
Any person who uses the original work of the other person without obtaining license from
the owner, infringes the copyright of the owner. The law of copyright in India not only
provides for civil remedies in the form of permanent injunction, damages or accounts of
profits, delivery of the infringing material for destruction and cost of the legal proceedings,
etc, but also makes instances of infringement of copyright, a cognizable offence punishable
with imprisonment for a term which shall not be less than six months but which may extend
to three years, with a fine which shall not be less than INR 50,000 but may extend to INR
200,000
For the second and subsequent offences, there are provisions for enhanced fine and
punishment under the Copyright Act. The (Indian) Copyright Act, 1957 gives power to the
police authorities to register the Complaint (First Information Report, i.e., FIR) and act on its
own to arrest the accused, search the premises of the accused and seize the infringing
material without any intervention of the court.
INDUSTRIAL DESIGNS
As per the definition given under Section 2(d) of the Designs Act, 2000, "design" means only
the features of shape configuration patterns or ornament applied to any article by any
industrial process or means whether manual mechanical or chemical separate or combined
which in the finished article appeal to and are judged solely by the eye. However, "design"
does not include any mode or principle of construction or anything which is in substance a
mere mechanical device and does not include any trademark as defined under the TM Act
or any artistic work as defined under the Copyright Act, 1957. The total period of validity of
registration of an Industrial Design under the (Indian) Designs Act, 2000 is 15 years.
Features of shape, configuration, pattern, ornament or composition of lines or colours
applied to any article, whether in two dimensional or three dimensional or in both forms,
can be registered under the (Indian) Designs Act, 2000. However, functionality aspects of a
design are not protected under the (Indian) Designs Act, 2000, as the same are subject
matter of patents.
Design of an article is not registrable in India, if it:
• is not new or original;
• has been disclosed to the public anywhere in India or in any other country by
publication in tangible form or by use in any other way prior to the filing date or
priority date of the application;
• is not significantly distinguishable from known designs or combination of known
designs; or
• comprises or contains scandalous or obscene matter.
Enforcement of Design Rights in India
The (Indian) Designs Act, 2000, only provides for civil remedies. Besides injunction,
monetary compensation is recoverable by the proprietor of the design either as contract
debt or damages. An action for infringement of design can only be initiated after the
registration of the design, however, an action for passing-off is maintainable in case of
unregistered design.
TRADE SECRETS
Trade secrets includes any confidential business information which provides an enterprise a
competitive edge over others. Trade secrets encompass manufacturing or industrial secrets
and commercial secrets, formula, practice, process, design, instrument, pattern, commercial
method, or compilation of information which is not generally known or reasonably
ascertainable by other.
The unauthorized use of such information by persons other than the holder is regarded as
an unfair practice and a violation of the trade secret. There are no specific statutes under
the Indian law for the protection of trade secrets and the same are protectable under the
common law rights.
STRATEGIES FOR PROTECTION AND EXPLOITATION OF IPR FOR STARTUPS
1.Make Intellectual Property protection a priority:
Start-ups cannot afford the complete protection available under the intellectual property
regime. The first step for any startup is to evaluate and prioritize the IP Rights involved in its
business. Depending upon the type of industry involved, IP Rights play an important role.
Failure to identify or prioritize IP Rights, is likely to create problems for startup's business,
especially during negotiations with future investors or exiting its business. Sometimes IP
Rights are the only asset available with a startup.
2.Register Intellectual Property Rights:
It is important to note that certain IP Rights like patents and designs are required to be
registered before claiming any protection under the respective statutes. On the other hand,
certain IP Rights like trademark and copyright need not be mandatorily registered for
protection under. Nevertheless, a registered IP Right carries a greater value and acts as
evidence of use of the IP Rights before courts as well as enforcement agencies;
3.Due Diligence of IP Rights:
For any startup, it is indispensable that it does not violate IP Rights of any other person. This
will ensure safety from unwarranted litigation or legal action which can thwart its business
activities. This makes it even more important for startups to make careful IP decisions in the
initial phase and conduct proper due diligence of IP Rights, which it is using or intends to
use.
4.Implement clear and effective policies and strategies for protection of IP Rights:
It is in the long term interest of startups to have an Intellectual Property Policy for
management of various IP rights which may be presently owned, created or acquired in
future by startups. The aim of such a policy is to ensure that there are no inter-se dispute
between the promoters of the startups, which remains till date to be one of the main
concerns for failure of startups.
5.Agreements related to Intellectual Property:
It is pertinent to note that having proper documentation in the form of agreements like
non-disclosure agreements, agreements with employees or independent contractors, can
make all the difference between the success and failure of startups. Usually, intellectual
property is created either by the founders or some key employee or a third party. The
intellectual property so created, must be protected through a proper agreement between
the founder or key employee or a third party, as the case may be and the startup. If the
agreement, with founders or employees or a third party, , under which a novel idea was/is
created, is overlooked, it could create bottlenecks later after such idea becomes successful.
Accordingly, the startups need to ensure that anything created on behalf of the startup,
belongs to the startup and not the Employee or a third party. Further, it is advisable to enter
into elaborate assignments, licensing or user agreements, and care should be taken to make
provisions for all post termination IP Right issues.