8. IP in Business
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Questions and Answers

What is the primary purpose of identifying both strengths and weaknesses in a company's IP position?

  • To enhance employee productivity
  • To rank the company's market position
  • To formulate competitive strategies (correct)
  • To comply with legal regulations
  • Which option does NOT represent a way to extract value from intellectual property (IP)?

  • Licensing
  • Sale
  • Enhancing customer service (correct)
  • Collaboration / Joint Venture
  • What type of strategy involves using a company's strengths to lessen the impact of external threats?

  • Weakness-Threat strategy
  • Weakness-Opportunity strategy
  • Strength-Threat strategy (correct)
  • Strength-Opportunity strategy
  • In the context of SWOT analysis, which element is best suited to address potential dangers to a company?

    <p>Threats</p> Signup and view all the answers

    What is a key factor when applying a trademark to goods for sale as part of working the IP?

    <p>Ensuring brand consistency</p> Signup and view all the answers

    What does due diligence primarily ensure in IP deals?

    <p>Identification of relevant legal issues</p> Signup and view all the answers

    How can a company utilize its weaknesses in relation to identified opportunities?

    <p>By minimizing weaknesses to exploit opportunities</p> Signup and view all the answers

    What is the primary purpose of conducting a SWOT analysis in the context of corporate and commercial practice?

    <p>To evaluate competitive position and develop strategic plans</p> Signup and view all the answers

    In a SWOT analysis, which aspect is classified as internal?

    <p>Strengths</p> Signup and view all the answers

    Which of the following actions could be classified as collateralisation or securitisation in terms of IP?

    <p>Using IP as collateral for loans</p> Signup and view all the answers

    Which component of SWOT analysis refers to external factors that could enhance a company's market position?

    <p>Opportunities</p> Signup and view all the answers

    What type of analysis can be applied specifically to a company's intellectual property (IP) position?

    <p>SWOT analysis</p> Signup and view all the answers

    Which of the following best describes internal weaknesses in the context of corporate practice?

    <p>Internal factors that hinder organizational improvement</p> Signup and view all the answers

    How can a company leverage its intellectual property according to the competencies outlined?

    <p>By exploring methods to extract value from it</p> Signup and view all the answers

    What does the 'threats' aspect of SWOT analysis signify for a company?

    <p>External factors that could negatively impact operations</p> Signup and view all the answers

    What aspect of SWOT analysis allows for prioritization based on varying influences?

    <p>Weighting each SWOT point differently</p> Signup and view all the answers

    What was the main issue Volkswagen faced after acquiring Rolls Royce and Bentley assets?

    <p>They did not own the rights to use the Rolls Royce trademark.</p> Signup and view all the answers

    Which step is NOT a part of the IP due diligence process?

    <p>Negotiation</p> Signup and view all the answers

    What is a potential risk if the seller in an IP deal does not provide warranties and indemnities?

    <p>The buyer may face legal action from third parties.</p> Signup and view all the answers

    What could be a consequence of a mismatch in names between the sale agreement and the patents register?

    <p>It might invalidate the sale agreement.</p> Signup and view all the answers

    When acquiring IP assets, what must be confirmed to ensure legal compliance?

    <p>The seller’s name match on the agreement and patent register.</p> Signup and view all the answers

    What is one primary method to generate revenue from intellectual property (IP)?

    <p>By licensing the IP to others</p> Signup and view all the answers

    Which of the following describes a non-exclusive licensing arrangement?

    <p>Multiple licensees can use the IP at the same time</p> Signup and view all the answers

    What is a defining characteristic of a franchise agreement?

    <p>Franchisors provide ongoing support and training to franchisees</p> Signup and view all the answers

    How did Ray Kroc contribute to the fast food industry?

    <p>He introduced an assembly line concept to the service process</p> Signup and view all the answers

    In the context of licensing, what does a running royalty entail?

    <p>Variable payments based on the amount of product sold using the IP</p> Signup and view all the answers

    What role do barriers to entry play in relation to intellectual property?

    <p>They protect existing investments by discouraging competition</p> Signup and view all the answers

    What is an example of how a company can apply its intellectual property effectively?

    <p>By licensing the IP to complementary businesses for mutual benefit</p> Signup and view all the answers

    Which of the following statements regarding the EduTech market is accurate?

    <p>The EduTech market is experiencing accelerated growth post-COVID-19</p> Signup and view all the answers

    What primary strategy does I Can Read use to ensure a consistent brand image across Asia?

    <p>Implementing a comprehensive set of brand guidelines</p> Signup and view all the answers

    How does I Can Read manage copyright issues while expanding into new markets?

    <p>By registering its curriculum in markets with copyright protection</p> Signup and view all the answers

    What is a significant benefit of I Can Read's strategy of scaling up through licensing and franchising?

    <p>It allows for regional scaling with lower capital requirements</p> Signup and view all the answers

    What characterizes a cross-licensing agreement?

    <p>It often occurs between collaborators or competitors sharing different patents.</p> Signup and view all the answers

    Which of the following is NOT a method I Can Read uses to address copyright challenges?

    <p>Completely avoiding copyrighted content</p> Signup and view all the answers

    What is a primary consideration in a typical cross-licensing arrangement?

    <p>Mutual licenses instead of primarily monetary exchange</p> Signup and view all the answers

    Which approach does I Can Read employ to deploy content tailored to specific market needs?

    <p>Adopting a hybrid approach of franchise and licensed content</p> Signup and view all the answers

    Why is it important for I Can Read to register trademarks in potential future markets?

    <p>To ensure legal protection of brand and content</p> Signup and view all the answers

    Study Notes

    SWOT Analysis

    • A framework to evaluate the subject’s competitive position and develop strategic plans.
    • Identifies Strengths and Weaknesses of the subject’s position, as well as Opportunities and Threats.
    • Can be done on an industry, a company, part of a company, or a specific part of a company like the IP position of a company, and even individuals for personal improvement.
    • Strengths and weaknesses are internal factors.
    • Opportunities and threats are external factors.
    • Each SWOT point can carry a different weight and be prioritized differently, affecting the strategies adopted.

    Strengths

    • What a company is good at.
    • What distinguishes this company from its competitors.

    Weaknesses

    • What prevents a company from being better.
    • Where a company needs to improve.

    Opportunities

    • Favourable external factors that could give a company a competitive advantage.

    Threats

    • External factors that could potentially harm a company.

    Extracting Value From IP

    • Working the IP.
    • Licensing.
    • Collaboration / Joint Venture.
    • Sale.
    • Collateralisation / Securitisation.

    Working The IP

    • The most direct way to exploit IP.
    • Examples include applying a trademark or registered design to goods for sale, or applying patented technology to make or do something.
    • The IP generates revenue, builds brand and customer loyalty, and helps maintain barriers to entry.

    Licensing

    • Another way to extract value from IP.
    • If you do not work the IP, you can let others do so: IP licensing.
    • If you are already working the IP, you can let others work it as well.
    • Revenue streams include selling goods/services to which the IP is applied, and collecting licence fees and royalties.
    • License types include:
      • Non-exclusive
      • Sole
      • Exclusive
    • Licence fee payment types include:
      • Fully paid up licence fee
      • Running royalty
      • Combination of upfront licence fee and running royalty

    Franchising

    • Franchising is a special business set up that involves licensing of IP and IA.
    • The franchisor grants rights to the franchisee to sell a product or provide a service using the franchisor's business system.
    • The franchisee operates under a common trade name, format, or procedure owned by or controlled by the franchisor.
    • The franchisee has made, or will make, a substantial capital investment in their business from their own resources.

    Cross-licensing

    • A contractual arrangement between two or more parties, where each party licenses its IP rights to the other parties.
    • Typically used for patents, but can be used between competitors and collaborators.
    • Consideration is through mutual licenses rather than money.
    • Usually between companies who own patents over different aspects of a product.

    IP Due Diligence

    • Examples of IP deals where due diligence is important include:
      • Licence negotiations
      • Sale negotiations
      • Merger or acquisition
      • Joint venture
    • IP Due Diligence involves:
      • Identifying IP assets.
      • Investigating IP rights and their status.
      • Evaluating IP assets.

    IP Due Diligence Example

    • Volkswagen bought the assets of Rolls Royce and Bentley automobiles for around US$900 million.
    • After the deal closed, Volkswagen realized the IP assets it paid for did not include the right to use the Rolls Royce trade mark.
    • The Rolls Royce trade mark was owned by BMW.
    • Volkswagen acquired all the rights needed to make a Rolls Royce car but not the right to brand it as one.
    • This highlights the importance of performing due diligence in IP deals as it ensures you are buying the full rights.

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    Description

    Test your understanding of the SWOT analysis framework and how it can be applied to evaluate competitive positions. This quiz covers the elements of strengths, weaknesses, opportunities, and threats, as well as their implications for strategic planning. Explore how these factors can be utilized in various contexts including industries, companies, and personal development.

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