April 2022
April 2022
April 2022
FINAL EXAMINATION
INSTRUCTIONS
1. Answer ALL questions in section A.
2. Total mark allocation: 100 marks [Section A Answer all questions (40 percent),
Section B Answer ONE question (30 percent) and Section C Answer TWO
questions (30 percent)]
3. The marks allocated to each question are shown at the end of the question.
5. Materials. This is an “open book” examination. You may refer to your textbook,
class notes, class assignments, readings and handouts.
You are working an Intellectual Property (IP) advisor in the Ministry of Small Businesses in
your country, in which role you provide support services to small and medium sized
enterprises (SMEs).
Question 1
You have been approached three friends, Tom, Dick and Harry, for advice on the following
facts: They established their business as a partnership in January 2021 and decided to
name it TDH Cyber Services. It operates in an urban farming community in a large city
hosting several higher education institutions (HEIs). They have 6 part-time employees, who
are all students at the nearby university’s Computer Science department. They also work
full-time in the business. One of their projects is to create a mobile phone application (‘app’)
for use by farmers to (1) share knowledge about crop growing, (2) price and (3) market their
local produce primarily for the HEIs’ residences for catering for students. They collect the
farmers’ knowledge through informal interviews with them and the app also allows the
farmers to post tips on various topics such as pest control and irrigation. They make the app
available for free and make revenue from advertising by businesses that sell pesticides,
provide irrigation and other agricultural support services.
(a) Advise them as to all intellectual property issues which arise out of this scenario. Pay
specific attention to how they may best build an IP portfolio in alignment with their
business strategy. (15 marks) [maximum word count: 900 words/3 pages]
(a) Intellectual Property Issues and Building an IP Portfolio:
1. Trademarks:
• The business name "TDH Cyber Services" can be protected as a trademark. Advise
on conducting a trademark search to ensure availability and registering the trademark
to prevent others from using a similar name in the same industry.
2. Copyright:
• The mobile app's source code, design, and content are subject to copyright protection.
Advise on documenting the creation date and considering copyright registration for
additional protection.
3. Trade Secrets:
• Information collected from farmers through informal interviews is valuable. Implement
confidentiality agreements with employees and consider trade secret protection for the
unique insights gathered.
4. Patents:
• Evaluate if any novel and non-obvious aspects of the app or its functionalities are
eligible for patent protection. Patents could be considered for innovative features or
algorithms.
5. Contracts and Licensing:
• Create contracts with part-time employees clearly stating that intellectual property
developed during employment belongs to the company.
• Establish licensing agreements with advertisers for the use of their content in the app.
6. Domain Names:
• Secure the domain name associated with the app to prevent cybersquatting.
7. Privacy and Data Protection:
• Implement privacy policies and ensure compliance with data protection regulations,
especially when collecting user data through the app.
8. Ongoing IP Audits:
• Conduct regular IP audits to identify new intellectual property and reassess the IP
portfolio's alignment with the business strategy.
9. IP Awareness Training:
• Educate employees about the importance of intellectual property and their role in
protecting and respecting it.
10. Business Strategy Integration:
• Align the IP strategy with the overall business strategy, ensuring that IP assets
contribute to the company's growth and competitive advantage.
11. Collaborations and Partnerships:
• Explore collaborations with agricultural experts or research institutions to enhance the
app's content and features.
12. Enforcement Strategy:
• Develop a strategy for enforcing IP rights, including monitoring competitors and taking
legal action if necessary.
(b) One of the part-time employees working for TDH Cyber Services submitted his letter
of resignation on 1 March 2022, giving one month’s notice of his resignation.
Consequently, his last day at work was 31 March 2022. In the resignation letter he
advised Tom, Dick and Harry that they should desist from using the app he had worked
on, with the other students, claiming that the idea was his and any future use would
constitute infringement of his IP and he would sue them. Alternatively, he has
suggested that he is willing to license his IP to them for a royalty to be calculated at
the rate of 25% of advertising revenue from the app. Advise Tom, Dick and Harry on
the validity of these claims by their former employee. (10 marks) [maximum word
count: 600 words/2 pages]
8. Evidence of Contribution:
• Gather evidence of the collaborative nature of app development, including the
contributions of other team members and the overall teamwork involved.
9. Acknowledgment and Recognition:
• Consider acknowledging the former employee's contribution without admitting to
ownership claims. Recognition may address concerns without compromising IP rights.
10. Legal Recourse:
• If negotiations fail, consult with legal counsel to explore potential legal actions to protect
the company's interests. This may involve seeking a declaratory judgment affirming the
company's ownership.
11. IP Assignment Clauses:
• Emphasize any explicit IP assignment clauses in employment contracts that state the
company's ownership of intellectual property created during employment.
12. Company Policies:
• Highlight company policies that address IP ownership and the obligation of employees
to disclose and assign innovations to the company.
13. Employee's Intent:
• Consider the intent behind the employee's actions. If the app was developed within the
scope of employment and in line with company goals, the employee's claims may lack
merit.
14. Future Protections:
• Strengthen future employment contracts by clearly outlining IP ownership, obligations,
and consequences in case of disputes.
15. Mediation and Arbitration:
• Propose mediation or arbitration as alternative dispute resolution mechanisms to avoid
lengthy and costly litigation.
16. Risk Mitigation:
• Assess the potential impact on the company's reputation, user trust, and business
operations. Mitigate risks by finding an amicable solution.
17. Legal Opinion:
• Obtain a legal opinion on the strength of the former employee's claims and the likelihood
of success in legal proceedings.
18. Public Relations Strategy:
• Develop a public relations strategy to manage the company's image during the dispute,
ensuring transparency and maintaining stakeholder confidence.
In summary, Tom, Dick, and Harry should carefully evaluate the legal foundation of the former
employee's claims, explore negotiation avenues, and, if necessary, take appropriate legal
actions to protect the company's intellectual property.
Question 2
Your Head of Department has instructed you to prepare a memorandum for the Minister of
Small Businesses, advising her of the main aspects that an effective IP support centre for
small businesses should cater for or deal with.
Prepare the memorandum. Your advice must seek to address the main challenges faced by
innovative SMEs in a developing or least developed country in Africa in using the IP System.
(15 marks) [maximum word count: 900 words/3 pages]
Memorandum
To: Minister of Small Businesses
From: [Your Name]
[Your Position]
[Date]
Subject: Main Aspects of an Effective IP Support Centre for Small Businesses
I. Introduction
Small and Medium-sized Enterprises (SMEs) play a crucial role in fostering innovation,
economic growth, and job creation. However, these enterprises often face challenges in
navigating the Intellectual Property (IP) system. Establishing an effective IP support center
tailored to the needs of innovative SMEs in a developing or least developed country in Africa
is essential for addressing these challenges and unlocking the full potential of SMEs.
II. Key Challenges Faced by Innovative SMEs
1. Lack of IP Awareness:
• SMEs often lack awareness of the importance of IP and how it can contribute to their
growth. An effective IP support center should prioritize educational programs to
enhance IP literacy among SMEs.
2. Limited Resources:
• Resource constraints pose a significant challenge for SMEs in pursuing and
protecting their intellectual property. The support center should provide cost-effective
solutions and explore funding mechanisms to assist SMEs in IP management.
3. Complex IP Processes:
• The complexity of IP processes, including registration and enforcement, can be
overwhelming for SMEs. The support center should simplify these processes, offer
guidance, and provide practical assistance to streamline IP-related tasks.
4. Lack of Tailored IP Strategies:
• SMEs often struggle to develop and implement tailored IP strategies aligned with their
business goals. The support center should offer personalized consultations to help
SMEs identify and protect their unique IP assets.
5. Enforcement Challenges:
• SMEs face difficulties in enforcing their IP rights, especially in cross-border scenarios.
The support center should facilitate collaboration with relevant authorities and offer
guidance on enforcing IP rights effectively.
III. Main Aspects of an Effective IP Support Centre
1. Education and Training Programs:
• Develop comprehensive IP education and training programs to raise awareness
among SMEs about the importance of IP and how it can be leveraged for business
success.
2. Affordable IP Services:
• Offer cost-effective IP services, including assistance with patent, trademark, and
copyright registrations. Explore partnerships with IP offices and organizations to
reduce costs for SMEs.
3. IP Strategy Development:
• Provide consultancy services to help SMEs develop customized IP strategies aligned
with their business objectives. This includes identifying, protecting, and
commercializing their intellectual property.
4. Access to Funding:
• Establish mechanisms to connect SMEs with funding opportunities for IP-related
activities. This may involve collaborations with financial institutions, government
agencies, and international organizations.
5. Simplified Processes:
• Streamline and simplify IP processes to make them more accessible for SMEs. Offer
guidance on navigating registration procedures and provide templates and resources
for easier compliance.
6. Cross-Border Support:
• Develop initiatives to address cross-border IP challenges, including harmonization of
IP regulations, cooperation with international IP offices, and support for SMEs
engaging in cross-border trade.
7. Collaboration with Stakeholders:
• Foster collaboration with government agencies, legal professionals, industry
associations, and educational institutions to create a holistic support ecosystem for
SMEs.
IV. Conclusion
An effective IP support center for small businesses should be tailored to the unique
challenges faced by innovative SMEs in a developing or least developed country in Africa.
By addressing the identified challenges and focusing on education, affordability, strategy
development, funding access, simplified processes, cross-border support, and collaboration,
the center can empower SMEs to harness the benefits of the IP system for sustainable
growth.
benefits from ownership without directly investing in production and marketing. This
that allow third parties to utilize the IP for their own purposes.
Licensing
agreement, the owner of the IP (licensor) grants permission to another party (licensee) to
use the IP in exchange for a royalty fee. This allows the licensor to monetize their IP
without having to invest in the production and marketing of the products or services that
utilize it.
Types of Licenses
The specific type of license used for IP exploitation depends on the nature of the IP
asset, the desired market reach, and the risk tolerance of the IP owner. Some of the
Exclusive License: An exclusive license grants the licensee the sole right to use the IP asset
within a specified territory and for a defined period. The licensor retains ownership of the IP
but cannot grant any other licenses for the same use within the specified territory and time
frame.
licenses for the same IP asset, enabling the IP to be exploited in a broader market. The
licensee has the right to use the IP but does not have exclusive rights.
Sole License: A sole license grants the licensee the right to use the IP asset within a
specified territory and for a defined period, but the licensor can still use the IP itself within that
Drawbacks of Licensing:
Franchising
support, and marketing to the franchisee, who operates the business under the
Advantages of Franchising:
Drawbacks of Franchising:
Merchandising
symbol to sell products or services that are not directly related to the original IP. This is
often seen with popular toys, movies, television shows, and video games.
Advantages of Merchandising:
Drawbacks of Merchandising:
Selling-out or assignment involves the transfer of all ownership rights to the IP asset to a
third party in exchange for a lump sum payment. This approach provides the IP owner
with a one-time cash infusion but eliminates any future revenue streams from the IP
asset.
Advantages of Selling-Out:
Drawbacks of Selling-Out:
The evaluation of intellectual property (IP) assets is a crucial process for businesses
that own or use IP assets. IP assets represent a significant portion of a company's
value, and accurately valuing these assets is essential for making informed decisions
about their development, acquisition, protection, and utilization.
Importance of IP Valuation
IP valuation plays a vital role in various aspects of business operations:
1. Strategic Decision-Making
Accurate IP valuation provides businesses with the necessary information to
make informed decisions about the development, acquisition, and protection of
their IP assets. It allows businesses to identify their most valuable IP assets and
prioritize investments accordingly.
2. Financial Reporting and Transactions
IP valuation is essential for financial reporting purposes, as it enables
companies to accurately represent the value of their IP assets on their balance
sheets. This accurate representation is crucial for attracting investors, obtaining
loans, and ensuring fair market valuations during mergers and acquisitions.
3. Licensing and Royalty Agreements
IP valuation is a critical component of negotiating licensing and royalty
agreements. It helps businesses determine the appropriate compensation for
the use of their IP assets, ensuring that they receive fair value for the licenses
they grant.
4. Dispute Resolution and Litigation
In cases of IP infringement or disputes over IP ownership, accurate IP valuation
plays a key role in determining damages and compensation. It provides a
reliable basis for resolving conflicts and ensuring that businesses are
adequately compensated for any losses incurred due to IP infringement.
5. Tax Considerations
IP valuation can have significant implications for tax purposes. Businesses can
potentially reduce their tax liability by correctly valuing their IP assets and taking
advantage of tax deductions or exemptions related to IP investments.
Conclusion
The evaluation of IP assets is an essential process for businesses that rely on
intangible assets for their competitive advantage and long-term success. It provides
valuable insights for making informed decisions about IP development, acquisition,
protection, and utilization. By accurately valuing their IP assets, businesses can
maximize their financial returns, manage risks effectively, and strengthen their overall
business performance.
5. Can developing countries benefit from IPR? Please Discuss. (30 marks)
b. What are the differences, if any between invention and innovation? [1 Mark]
Invention refers to the creation of a new idea, product, or process, often involving the
discovery of something entirely new.
On the other hand, innovation involves the practical application and implementation
of inventions to bring about positive change, usually in the form of new products,
services, or business models. In simpler terms, invention is the initial idea or creation,
while innovation is the successful introduction and adoption of that idea in the market.
Sustaining Innovations
These improve existing products or services, often meeting the needs of current
consumers. They enhance features, performance, or quality but do not necessarily
create new markets.
Efficiency Innovations
Market-Creating Innovations
The key focus is on addressing the needs of non-consumers, creating entirely new
markets by making products or services more affordable, accessible, and appealing to
a broader audience.
Sustaining Innovation
Efficiency Innovation
The use of mobile money services, such as M-Pesa in Kenya, which enhances the
efficiency of financial transactions.
Market-Creating Innovation
The development of off-grid solar solutions, like M-KOPA Solar in East Africa,
addressing the energy needs of nonconsumers who lack access to traditional power
sources.
e. In your own words, in half a page to a page, discuss with reasons which one type
of innovation is the most important for fostering economic development? [6
Mark]
Job Creation
The introduction of new markets through innovative solutions necessitates the growth
of businesses and industries. This, in turn, leads to increased demand for a diverse
range of skills, fostering job creation and reducing unemployment rates.
Entrepreneurial Ecosystem
Economic Resilience
Markets created through innovation are often more resilient to economic shocks.
Diversification of economic activities, especially those targeting nonconsumers, can
fortify a nation's economic foundation, making it more robust in the face of external
challenges.
Social Impact
7. (a) In less than one page, discuss the relevance of intellectual property,
innovation, and entrepreneurship in economic development with reference to
developments outside Africa. Provide no more than three contextual arguments
why this has become very important for Africa. (10 Mark)
Intellectual property (IP), innovation, and entrepreneurship collectively play a pivotal role
in economic development globally. These elements form a symbiotic relationship,
fostering growth, competitiveness, and sustainability in various economies.
2. Global Competitiveness:
The visual nature of the Business Model Canvas enhances communication and
comprehension across stakeholders. By condensing complex business strategies onto
a single canvas, Osterwalder facilitates a shared understanding among team
members, investors, and partners. This simplicity aids in swift decision-making and
the ability to convey the essence of the business model concisely.
8. Chapter 5 from the book Zero to One by Peter Thiel [part of your compulsory
reading material], deals with the business of PayPal which is detailed Chapter
5 from. (15 Marks)
ii. Articulate the innovative idea the founders of PayPal came up with. (2)
The innovative idea was to provide a platform that made buying and selling
on eBay at least 10 times better. PayPal allowed buyers to pay as soon as
an auction ended, ensuring quick transactions. Sellers received their
proceeds immediately, and the system provided assurance that funds were
good.
PayPal makes money primarily through transaction fees. It charges fees for
receiving money, especially in the context of online transactions and
payments. Additionally, it may charge fees for currency conversions and
other premium services.
iv. Who were the competitors at the time and what was PayPal’s response
to these competitors? (2)
Customer Segments:
3. Locals Looking for Extra Income: Residents interested in renting out their
properties.
Value Propositions:
Channels:
Customer Relationships:
Revenue Streams:
Key Resources:
Key Activities:
Key Partnerships:
Cost Structure:
Copyrights
Copyright protection may extend to Airbnb's original content, including website design,
marketing materials, and any creative works produced by the company. This protection
helps prevent unauthorized use or reproduction of Airbnb's creative assets.
(c) With use of an illustration describe what is at the core of the Lean Startup Model
according to Eric Ries? What do you need to do in order to start the process of
learning? (7 Marks)
Core of Lean Startup Model
At the core of the Lean Startup Model by Eric Ries is the "Build-Measure-Learn"
feedback loop. This loop emphasizes a systematic and iterative approach to product
development and business creation.
Illustration:
Lean Startup Model - Build-Measure-Learn
Build:
The process starts with building a Minimum Viable Product (MVP), a simplified
version of the product with essential features.
The MVP is developed rapidly and efficiently, focusing on delivering the core value
proposition.
Measure
After building the MVP, it is released to a small segment of the target audience or the
market.
Key metrics are measured and analyzed to gauge the MVP's performance and user
engagement.
Learn:
Insights and feedback gathered from the measurement phase are thoroughly
analyzed.
Learning from real user interactions and market response helps in making informed
decisions.
1) Define Hypotheses:
Clearly articulate hypotheses related to critical aspects of your business model.
Formulate these hypotheses in a way that allows for falsifiability through experiments.
2) Test Hypotheses:
Develop experiments based on the hypotheses to systematically validate or invalidate
them.
Experiments should be designed with specific criteria for success or failure.
3) Collect Data:
Implement experiments and collect relevant data on user behavior, preferences, and
other key metrics.
Use both qualitative and quantitative data to get a comprehensive understanding.
4) Analyze Results:
Thoroughly analyze the results of experiments, focusing on what worked, what didn't,
and why.
Look for patterns, trends, and unexpected insights that contribute to learning.
5) Iterate and Pivot:
Based on the learning from the analysis, iterate on the product, business model, or
strategy.
Be open to pivoting – making significant changes based on the insights gained.
Each iteration brings the opportunity for enhanced learning and improvement.
This continuous cycle of building, measuring, and learning is fundamental to the Lean
Startup Model and is essential for achieving product-market fit and sustainable
business growth.
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