CENSIS white paper: Intellectual Property in Business

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Intellectual Property in Business: IP basics, IP management, IP strategy IP Strategy for Expanding Companies and Corporates (continued) Table 12: OODA Elements explained 85 Providing explanations for each area of the OODA Loop in terms of IP strategy development. OODA Element Explanation Observation Orientation The development of an IP strategy (as well as any other strategy) starts with collecting data on various aspects of the environment in which a company operates. The observation of the external environment includes gathering information about the technology environment (trends to 10 years, existing and emerging, enablers to new solutions), customer needs (met, unmet, anticipated), competitor activity (and their capabilities), the partner ecosystem and the legal environment. Internal observation includes monitoring of the company’s own performance and own intellectual resources (developed in-house, purchased, licensed) as well as a feedback loop relating to actions taken. This fundamental step in the process involves filtering, analysing and synthesising the gathered information, together with its dissemination in a timely manner to the relevant people. Main questions in this area are what information is most important, who needs that information, and when and how to present it. The selection of information is conditioned by the company culture, its vision and mission, internal policies, and also the experience and routines of employees. It is a good moment to question adopted concepts and initiate a change. Orientation is the Schwerpunkt. It shapes the way we interact with the environment – hence orientation shapes the way we observe, the way we decide, the way we act. Orientation shapes the character of present observation-orientation-decision-action loops – while these present loops shape the character of future orientation. 86 Decision This step is about designing decisions concerning the way the company operates with respect to IP. As mentioned in Section 2, IP strategy must be aligned with the company’s overall strategy. The outcome of this phase can be a formal or informal strategic plan that should at least set out the priorities and objectives that will guide activities with respect to IP. Action Decisions taken in the previous step are implemented (tested) through actions. With regard to IP, the actions refer to various stages of an innovation lifecycle from generation of inventive/creative ideas, through the creation of IP resources and the choice of formal mechanisms for the protection of IP, through even further to exploitation. The latter focuses on product development and customer discovery. The various actions necessary to execute an IP strategy are reflected in the IP management box in Figure 3. Apart from decisions, the orientation conceptual models also get tested in this step. Strategy development is a continuous process that requires a good team of professionals. The C-suite managers are by definition involved in this type of decision-making, but it is worth considering including other staff members (from lower levels) who can contribute to this process through their specific expertise and understanding of the problems. Since this is about IP strategy, an IP manager should also play a key role in the process. 85 Based on Eckardt (n 84). 86 Osinga (n 79) 610. 46
Intellectual Property in Business: IP basics, IP management, IP strategy IP Strategy for Expanding Companies and Corporates (continued) 19 Company culture and an IP managing role The company culture plays an essential role in the framework of the IP strategy and IP management. Many of the general features of a good and effective organisational culture also apply in this context. Interestingly, even the ISO standard recognises this matter and covers it extensively. 87 It is indisputable that leaders have the greatest influence over the company culture and, as a result, on how effectively things can be done. Therefore, relevant IP-policies, objectives, strategic IP actions, and their alignment with the overall business strategy are the responsibility of senior management. Should IP matters be outside their competencies, the least they can (and should) do is to recognise IP as a valuable asset for the company and take appropriate decisions around that, because ‘every institution holds intellectual property of varying degrees of importance to the fulfilment of its mission’. 88 It is also in the remit of senior management to ensure that relevant IP policies and procedures are implemented and to communicate the importance of such actions throughout the business. 89 Many businesses decide to establish an IP-responsible role which can be part of an existing role or a new dedicated position. Depending on the portfolio and company size, the IP responsibilities can be assumed by an individual or a team. It is necessary to clearly define and document the responsibilities of an IP manager and to share this information within the business. 90 Ideally, the IP manager/department will regularly and effectively communicate with R&D, business and marketing staff to ensure equal understanding of what the company’s IP assets are (technology, brand) and to align these with business development, R&D planning and marketing activities. 91 For the IP managing role to be successful and effective, the whole organisation should level up its awareness of IP management. Clarity in internal communications about the importance of IP and the role of the IP manager (if applicable) is one thing. In addition, employees should understand the reason for and purpose of such actions and how they themselves contribute to IP management in their own day-to-day roles. While many activities related to IP strategy and management are introduced top-down, the employee engagement cannot be underestimated. Their understanding, participation, and feedback on applied procedures will play a key role in IP management. Also, it is common practice for companies to introduce incentive programmes for employees’ IP achievements, for example, additional remuneration for submission of internal invention disclosures, and filing and grant of patents. In other words, companies should make sure their employees are on board. Ultimately, it is the employees who generate IP through their work. 87 ISO Standard 56005:2020, Clause 4.3 – 4.5. 88 Palfrey (n 5) 17. 89 ISO Standard, Clause 4.3.1. 90 Ibid Clause 4.3.2. 91 Ibid Clause 6.2.3. 47
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