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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.

This case is mainly about the development journey of Tujia, a unicorn in China's accommodations-sharing sector, as well as the development status of the sector. On December 1, 2011, Tujia.com—China's first medium- and high-end vacation apartment booking platform—was formally launched, and it announced the first round of capital injection in less than half a year after its launch. It completed D and D+ round of financing on August 3, 2015, securing $300 million with an estimated value exceeding $1 billion. The completion of this financing round meant that Tujia formally entered the $1 billion club composed of “unicorn” Internet companies. In June 2016, it announced the strategic M&A of Mayi; in October 2016, it announced its strategic agreement with Ctrip.com and Qunar.com for the M&A of their apartment and homestay businesses. The completion of these transactions manifested the matrix with the four major platforms Tujia, Mayi, Ctrip, and Qunar. Since then, Tujia has become the absolute pacesetter in China's online accommodations-sharing sector.

This case presents some of the entrepreneurial challenges faced by a female leader in the technology sector who conceived a new product based on her passion to help others especially those most disadvantaged.

Upon completion of this case study, students should be able to prepare supply chain and distribution analysis that considers ethics and sustainability, integrate philanthropic efforts as part of an organizational strategy and recognize strategies to promote equity within and beyond an organization.

Connie Stacey (she/her) is an entrepreneur and president of Growing Greener Innovations, an award-winning battery energy storage company based in Alberta, Canada, with a mission to end energy poverty globally. With the emergence of COVID-19 as a global pandemic in 2020, Stacey turned her attention to an innovation called Project Rescue, a ventilator that uses non-identifying patient vitals to track data. It serves as a pandemic early warning system, addressing two key challenges: pandemic data are prone to error, and real-time information is non-existent after the pandemic has spread. This new product was conceived based on her passion to help others, especially those most disadvantaged. This multi-faceted case focuses on the many challenges that Stacey and her team needed to address. The dilemma in this case centres on establishing supply chains amid a pandemic, as well as prioritizing the corporate social responsibility elements of philanthropy and equity within her organization (and beyond).

This case is appropriate for third- or fourth-year undergraduate or graduate-level students.

In addition to “call out boxes” throughout the case and teaching note, additional readings/links/videos are outlined below. (These supplementary materials, “Teaching Tips”, are included in the teaching notes as well.)

CCS 11: Strategy.

Judy was a high-performing professional manager who was with her company for 15 years and was a manager for six. She was a confident, positive, and happy person but recently lost her confidence in herself and her abilities. She dreaded going to work because she never knew what she would face from her boss, Dennis. Dennis was a brilliant man who was recently promoted to Senior V.P. He was condescending, and he humiliated people in public. Complaints to the CEO and a harassment claim produced no results. Dennis did the CEO's dirty work and served a role needed in a fast-paced and profit-driven corporate culture. Judy enrolled in an MBA program to build her resume and her self-confidence. She faced a critical juncture in her career. Should she quit, transfer, complain to HR, or confront Dennis?

The learning outcomes of this study are as follows:▪ evaluate the difficulties of entry-level women entrepreneurs in the South African farming industry;▪ appreciate the entrepreneurial journey of a women entrepreneur in the farming industry;▪ assess the role of networking and support programmes in prompting women entrepreneurs in South Africa;▪ understand the role of diversification in building a sustainable business in today’s COVID-19-affected economic environment;▪ make an informed decision regarding how COVID-19 had negatively affected the farming industry; and▪ critically evaluate which options are available for women entrepreneurs to overcome the negative effects of COVID-19 and remain sustainable businesses.

In April 2021, managing director and co-owner Beverley-Anne Joseph, was considering the long-term business strategy options for Zelpy, her hop farm business outside George, a town in the Western Cape, South Africa. As the first black woman hop farmer in Africa, she had run a successful business supplying hops to South African Breweries (SAB), a subsidiary of the global conglomerate Anheuser-Busch InBev (AB InBev). To date, her hop farming business had not been impacted by the South African Government’s COVID-19 lockdowns that impacted the sale of alcoholic beverages. However, it had given her a wake-up call as to the risk of having most of her eggs in one basket. She now had to consider how to diversify her farming business to minimise risk.

MBA, Masters in Management, Postgraduate Diploma in Business and Executive Education short courses.

Teaching notes are available for educators only.

CSS 3: Entrepreneurship.

The case describes a situation where the government as the dominant majority shareholder in a listed Public Sector Enterprise (PSE) directs it through its executive Chairman (a government selected executive) to buy a part of government's stakes in another listed PSE, in which also the government is a majority shareholder. The Chairman is summoned for a meeting in the governing ministry and ‘persuaded' to agree to the proposal, without the proposal having been discussed in the company's board. Being a government appointed employee, the Chairman faces the difficult task of putting the matter for discussion in the board while informing the board that he had already agreed to the proposal. The case describes the events that preceded the board meeting to discuss the proposal. The board faces the unpleasant task of dealing with the Chairman's lapse in not taking the board into confidence prior to his agreement conveyed at the ministry meeting. A bigger difficulty was the possibility that the proposal was not desirable from ONGC's point of view. How will the board then convey the decision to the government? What levers does the board have to deal with the matter?

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.

The case will help to understand the concept of online marketplaces and the working of their business model through third party selling. The case highlights how third party selling opens door to online counterfeiting. The case well presents the need of integrity and ethics in business. It showcases how Alibaba took responsibility, designed various initiatives to curb the problem and emerged as a global face for anti-counterfeiting actions.

Manufacturing and selling of counterfeits have become easier than ever with the wide and easy reach of technology. Internet has smoothened the sale of such fake replicas around the globe. Alibaba Group faced serious problem of counterfeit selling across its various websites. The various challenges were degrading global image, rising number of fake products and numerous lawsuits filed against the company. The case study will help readers to understand the critical aspects of counterfeiting and decisions involved to run such models where the platform is not a direct seller but just an online marketplace. It emphasises how technology and brand collaboration can be used as a means to identify and remove fake product listings from such platforms, thereby preserving the integrity of business. The case also stresses the need to preserve intellectual property rights and exclusivity of original brands.

Senior Undergraduate, MBA and Executive MBA.

Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 8: Marketing.

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.