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ESPE, the market leader, is a medium-sized German manufacturer of precision dental impression materials competing in a shrinking market. To grow the business, ESPE invests substantial resources in innovative impression materials and associated distribution mechanisms. Squeezed by the shrinking market, the competition is increasingly using the proprietary channels (dispensing mechanisms) and brand equity (trademark) of ESPE to maintain their market share. There is a potential infringement. Explores how ESPE is organized to execute on the options imbedded in its IP rights.

To provide students with an understanding of how to use brands and trademarks in conjunction with trade secrets, patents, and other forms of IP in mature markets to build and maintain innovation-based competitive advantage.

Delee founders aimed to change the way cancer radically was detected, monitored, and treated. They created CytoCatch™, a highly sensitive automated benchtop device for the rapid isolation and analysis of circulating tumor cells from blood samples to make this possible. Strategic alliances with Stanford University, Tecnologico de Monterrey, and UANL strengthened this innovative company’s purpose. Nevertheless, some questions arose when selecting a suitable business strategy to accomplish Delee’s vision. Liza Velarde, Delee’s CEO, was preparing the agenda for the company’s 2025 planning in November 2020. The journey has been challenging, and Liza Velarde faced critical decision-making milestones. What could be the most promising customer segment for her technology? What business model may work better for such a market? How can Delee reduce the time-to-market for their technology? Furthermore, how can Delee fund their development for the following years until FDA approves?

With the application of this case, the teacher aspires that students understand the following crucial insights: to understand the impact of a business model strategy, identify different possible business models, and explore options; in this sense, intellectual property can offer options to the strategy; to identify and analyze the gender gap in entrepreneurship and its strategic implications; and to identify the relevance of reducing the time to market for a technological product.

Gender inclusiveness in entrepreneurship.

Undergraduate and graduate-level.

Teaching notes are available for educators only.

CCS 3: Entrepreneurship.

The paper aims to understand the process of transfer of agricultural technology, which comprises incubation of the technology business, valuation, evaluation, licensing and commercialization, to examine various dimensions of the process of technology transfer and the effectiveness of transfer object use criteria, to explore ways of sustaining incubation and commercialization through an autonomous unit responsible for technology transfer, to peruse the role of agribusiness incubators in creating an effective agri-entrepreneurship eco-system and to study the factors that promote or inhibit the sustainability of business incubators in an academic or research institution setting.

An innovative technology for production of liquid bio-fertilizers was developed and nurtured to market levels by Anand Agricultural University (AAU), a State Agricultural University in Gujarat. The technology for production of liquid bio-fertilizers, developed during 2009-2010 to 2013-2014 was licensed to some of the state public and private sector undertakings under the World Bank-financed National Agricultural Innovation Project (NAIP) implemented through Indian Council of Agricultural Research (ICAR). For commercializing the technologies from the University, a Business Planning and Development (BPD) Unit was set up at AAU along the lines of a technology transfer office, under the aegis of NAIP during later part of 2009. The NAIP funding from World Bank for BPD Units ceased in June 2014 with closure of the project. With funding no more available, Rajababu V. Vyas, a research scientist at the Microbiology and Bio-fertilizer Department of the University and Head of the BPD Unit, had serious concerns about the BPD unit’s sustainability, as well as sustaining the process of technology transfer from the University.

Anand Agricultural University (AAU), a state-run university in Gujarat, developed and incubated a technology to produce liquid biofertilizer, licensed the technology and marketed its product through a few state-run and private fertilizer firms. The technology was developed between 2009/2010 and 2013/2014 as part of the National Agricultural Innovation Project of the Indian Council of Agricultural Research with funds from the World Bank. A unit to incubate agri-businesses, referred to as Business Planning and Development Unit (BPDU), was set up in late 2009 to expedite the process of technology transfer from AAU to agribusiness firms. Rajababu V. Vyas, a research scientist at the Microbiology and Bio-fertilizer Department of the university, was concerned about the unit’s sustainability, because funding from the World Bank had ceased from June 2014, and wondered how to sustain the transfer of technology from the laboratory to the field in the light of the data available to him.

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Entrepreneurship

National Innovation Foundation (NIF) was a partner organization of the Honey Bee Network (HBN) which was a networked organization of individuals, innovators, farmers, scholars, academicians, policy makers, entrepreneurs and non-governmental organizations (NGOs). The HBN worked to create a network of grassroot innovators and acknowledged them by protecting their IPR. NIF was an autonomous body of the Department of Science and Technology (DST), Government of India, which provided institutional support to grassroot innovators, and facilitated the diffusion of traditional knowledge through various channels. NIF also handled filing patents and licensing of grassroot technology.

Madan Mohanka set up Tega Industries Ltd in 1976 to manufacture abrasion-resistant rubber mill lining products used in the mining and mineral processing industries. In 2006, as part of its inorganic expansion strategy, Tega bought a mill-liner company in South Africa. Buoyed by this growth, two acquisitions were made in Australia and Chile in the year 2011. However, post-acquisition, several managerial, legal and commercial problems crept up in its manufacturing facilities in Chile, leading to financial downturn in Tega's fortunes in 2016 and compelling it to either plan a revival or divest its interest in its Chilean Plant.

Service innovation, ICT-enabled services, museum, cultural and creative industries.

Graduate-level courses of “Innovation Management,” “Service Innovation,” or “Cultural and Creative Industries”.

In 2006, the National Palace Museum (NPM) in Taipei, Taiwan, announced its new vision “Reviving the Charm of an Ancient Collection and Creating New values for Generations to Come”. In recent years, the NPM has been shifting its operational focus from being object-oriented to being public-centered, and the museum has held not only the physical forms of artifacts and documents but also their digital images and metadata. These changes would inject new life into historical artifacts. In addition, archives as its collections would be given a refreshingly new image to the public and become connected with people's daily lives. Among these endeavors for displaying historical artifacts online and prevailing Chinese culture in the modern age, the key issues are related to digital technology applications and service innovations. The service innovations would be further divided into information and communication technologies (ICT)-enabled ones and non-ICT-enabled ones. These shifts clearly claim that adopting digital technologies and innovative services can bring positive impacts to the museum. The NPM administrative team wants to keep infusing life into ancient artifacts and texts, sustaining curiosities of the public for Chinese culture and history, and invoking their interests to visit the NPM in person. However, to develop for the future while reviewing the past, the NPM administrative team has to meditate on the next steps in terms of implementation of service innovations.

Students will learn motivations of digital establishment and service innovations from the organization perspective and the necessities of technological implementation. Students will understand the difference in innovations between ICT-enabled services and non-ICT-enabled services. Students would be able to understand the process of developing a new service. Students will be aware of challenges the organization would face in developing a new service.

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The objectives of the case study are to provide an overview of intellectual property rights and intellectual property rights in Indian context; understand the intellectual property rights implementation and challenges for implementing it in emerging economies; understand what would be the best approach that companies can adopt when the companies face backlash in such circumstances; and explore the scope for redefining the intellectual property rights in the changing global environment.

In December 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) in India revoked the plant variety protection (PVP) certificate granted to PepsiCo India Holding (PHI) for its Lays variety potato (FL-2027, known as FC-5). The FC-5 variety possessed low moisture content which made it suitable for making potato chips. The controversy started with Pepsi suing the small and marginal farmers of Gujarat for alleged patent infringement and cultivating the patented variety. Pepsi’s legal suit against nine marginal potato farmers in Gujarat initiated the dispute over how intellectual property (IP) rights are used to intimidate small, marginal farmers and its infringement of farmers’ rights. But, on the other side, the interesting aspect was how IP infringement could be a setback for the companies that made the capital investment to develop the variety. The case study discusses the backlash Pepsi faced due to this IP rights legal suit and the punitive aspects of IP rights (IPR) law. Moreover, in the context of the global pandemic, the case study helped discuss the need to redefine the intellectual property rights regime keeping in mind global welfare.

The case is intended for use in postgraduate-level management courses in agricultural marketing, agribusiness, international business and economics. This study can help management students understand how IPR is defined, the apparent complexities associated with it and the adverse effect of it on small and marginal farmers in emerging economies.

Teaching notes are available for educators only.

CSS 5: International business.

International business; business ethics; international trade law; intellectual property

Undergraduate and Master's level courses in Business and Management, particularly with a focus on international trade.

This case covers the issues that surround piracy of intellectual property by highlighting illegal manufacture and distribution of millions of Zippo brand windproof lighters and considers the seriousness of the large-scale theft of intellectual property by civilized nations. The focus of this case is on the additional victimization of the producers of genuine products, mostly European and American, who have the policy of life-time repair-or-replace warrantee, which by extension, although wrongly, becomes applicable to their counterfeits. Some micro and macro aspects are covered in detail, some are alluded to, while others are left out for the teachers of this case to justify considering the local logic and culture.

There are major lessons embedded in this case: first, intellectual piracy is not less than the theft of tangible property. Second, the problem of piracy carried out by large, civilized countries is really serious because of its huge size. Third, if the rights of those developing innovation are not protected and they cut their investments in R&D, the consequence will hurt all people in the world – emerging and developed.

Teaching note.

This case was written with publicly available information about Nintendo.

In the 1980s and 1990s, Nintendo dominated the video game industry with a market share of 90%. In 2020, Nintendo’s market share dropped to nearly 31%. This case examines a 40-year history of Nintendo, including its core strategy of video game and video game console development and its growth strategy using its intellectual property. Throughout its history, Nintendo has faced and continues to face stiff competition from Sony, Microsoft and new emerging technologies like virtual reality video games. Nintendo has the challenge of competing in a rapidly changing industry with changing customer preferences where it once had a dominant market share. Can Nintendo continue competing, relying on its core competency of developing new video games and consoles? Or moving forward, should it further define itself more broadly by continuing to leverage its intellectual property in the entertainment industry?

This case is suitable for undergraduate courses in marketing, marketing management and business strategy, or where an instructor focuses on strategic decision-making. This case will provide valuable in-class discussions on the importance of defining what a business should do and how it should grow. Additionally, this case will be useful for courses that include advanced discussions on tradeoffs between focusing on core competencies and growth by expanding into other opportunities that are not necessarily part of a business’s core strategy. A portion of this case was tested in an undergraduate marketing strategy and marketing principles course. The case created an excellent environment for critical thinking and analysis.

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.