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DAVID
L.C .No.00120
A licence is a grant of permission made by the patent owner to another to exercise any
specified rights as agreed. Licensing is a good way for an owner to benefit from their
work as they retain ownership of the patented invention while granting permission to
others to use it and gaining benefits, such as financial royalties, from that use. However,
it normally requires the owner of the invention to invest time and resources in
monitoring the licensed use, and in maintaining and enforcing the underlying IP right.
The patent right normally includes the right to exclude others from making, using, selling
or importing the patented product, and similar rights concerning patented processes. The
license can therefore cover the use of the patented invention in many different ways.
For instance, licences can be exclusive or non-exclusive. If a patent owner grants a non-
exclusive licence to Company A to make and sell their patented invention in Malaysia,
the patent owner would still be able to also grant Company B another non-exclusive for
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the same rights and the same time period in Malaysia. In contrast, if a patent owner
granted an exclusive licence to Company A to make and sell the invention in Malaysia,
they would not be able to give a licence to
anyone else in Malaysia while the licence with Company A remained in force.
Separate licences can be granted for different ways of using the same technology. For
example, if an inventor creates a new form of pharmaceutical delivery, she could grant
an exclusive licence to one company to use the technology for an arthritis drug, a
separate exclusive licence to another company to use it for relief of cold symptoms, and
a further exclusive licence to a third company to use it for veterinary pharmaceuticals.
A licence is merely the grant of permission to undertake some of the actions covered by
intellectual property rights, and the patent holder retains ownership and control of the
basic patent.
An assignment of intellectual property rights is the sale of a patent right, or a share of the
patent.
It should be remembered that the person who makes an invention can be different to the
person who owns the patent rights in that invention. If an inventor assigns their patent
rights to someone else they no longer own those rights. Indeed, they can be in
infringement of the patent right if they continue to use it.
Patent licences and assignments of patent rights do not have to cover all patent rights
together.
Licences are often limited to specific rights, territories and time periods. For example, a
patent owner could exclusively licence only their importation right to a company for the
territory of Indonesia for 12 months. If an inventor owns patents on the same invention
in five different countries, they could assign (or sell) these patents to five different
owners in each of those countries. Portions of a patent right can also be assigned – so
that in order to finance your invention, you might choose to sell a half-share to a
commercial partner.
If you assign your rights, you normally lose any possibility of further licensing or
commercially exploiting your intellectual property rights. Therefore, the amount you
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charge for an assignment is usually considerably higher than the royalty fee you would
charge for a patent licence. When assigning the rights, you might seek to negotiate a
licence from the new owner to ensure that you can continue to use your invention. For
instance, you might negotiate an arrangement that gives you licence to use the patented
invention in the event that you come up with an improvement on your original invention
and this falls within the scope of the assigned patent. Equally, the new owner of the
assigned patent might want to get access to your subsequent improvements on the
invention.
Q.2 Assess the need for Corporate Social Responsibility with supporting
instances.
Corporate Responsibility is considered a key development in connecting corporate
practices with the societal goal of sustainable development, as firms can “contribute to
more sustainable patterns of production and consumption within society” (Roome, 2006:
p. 137). This has been supported by research about business and the natural environment
and society, which has over the last decade predominantly focused on the business case
for sustainability and the competitive advantages of environmental responsibility (e.g.
Aragon-Correa and Sharma, 2003; Berry and Rondinelli, 1998; Maignan and Ferrell,
2001; Porter and Van der Linde, 1995; Simpson et al, 2004). Within this field, various
scholars have argued for integration of corporate responsibility into established business
routines (e.g. Banerjee, 2001; Menon and Menon, 1997), yet in practice that does not
appear to be the case (e.g. Knox et al, 2005).
A variety of authors (e.g. Banerjee, 2001; Gladwin et al. 1995; Hoffman, 2000) have
demonstrated how using traditional management theories (in particular institutional
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theory, strategic choice, transformational leadership) can hinder efforts to change to a
more responsible state of doing business at the institutional as well as the organisational
level. Therefore, new perspectives, preferably from new domains, can challenge current
assumptions and facilitate the transition of developing appropriate organisational values
(Starkey and Crane, 2003). The aim of this discussion paper is to review the current
literature on corporate values regarding Corporate Responsibility, and to reflect on the
role of employees in attaining responsible practices in an organisation. From this, we
propose two complementary, multi-disciplinary approaches to further understanding of
the role of shared values in attaining corporate responsible behaviour. Finally, these two
approaches will lead to the development of concrete research questions for future studies.
Q.3 What are the obstacles faced by small business units? Explain with
examples.
Running a small business is not an easy process. Since most small business owners have
built their companies from the ground up, they have a stronger devotion to it and it can
be quite challenging and even frustrating to hire people that do not have the same focus
and drive that you have. Small business hiring is one of the hardest things to do as you
have to find a person that is ideal for their job but also has the ability to multi-task and
help out with several other
When the firm is properly legally established, registered with all the relevant
authorities and has appointed an accounting firm – it can go on to tackle its main
business: developing new products and services. At this stage the firm should adopt
Western accounting standards and methodology. Accounting systems in many countries
leave too much room for creative playing with reserves and with amortization. No one in
the West will give the firm credits or invest in it based on domestic financial statements.
A whole host of problems faces the new firm immediately upon its formation.
They must be learnt and assimilated. Today’s modern management includes many
elements: manpower, finances, marketing, investing in the firm’s future through the
development of new products, services, or even whole new business lines. That is quite a
lot and very few people are properly trained to do the job successfully.
On top of that, markets do not always react the way entrepreneurs expect them to react.
Markets are evolving creatures: they change, develop, disappear and re-appear. They are
exceedingly hard to predict. The sales projections of the firm could prove to be
unfounded. Its contingency funds can evaporate.
· The management knows exactly how much credit it could take, for how long (for which
maturities) and in which interest rate. It has been proven that without proper feedback,
managers tend to take too much credit and burden the cash flow of their companies.
· A decision system allows for careful financial planning and tax planning. Profits go up,
non cash outlays are controlled, tax liabilities are minimized and cash flows are
maintained positive throughout.
As a result of all the above effects, the value of the company grows and its shares
appreciate.
So, the establishment of a decision system does not hinder the functioning of the
company in any way and does not interfere with the authority and functioning of the
financial department.
Decision Support Systems cost as little as 20,000 USD (all included: software, hardware,
and training). They are one of the best investments that a firm can make.
The job of the Chief Financial Officer is composed of many elements. Here is a universal
job description which is common throughout the West.
Organizational Affiliation
The Chief Financial Officer is subordinated to the Chief Executive Officer, answers to
him and regularly reports to him.
Despite the above said, the CFO can report directly to the Board of Directors through the
person of the Chairman of the Board of Directors or by direct summons from the Board
of Directors.
In many developing countries, this would be considered treason – but, in the West every
function holder in the company can – and regularly is – summoned by the (active) Board.
A grilling session then ensues: debriefing the officer and trying to spot contradictions
between his testimony and others’. The structure of business firms in the USA reflects its
political structure. The Board of Directors resembles Congress, the Management is the
Executive (President and Administration), the shareholders are the people. The usual
checks and balances are applied: the authorities are supposedly separated and the Board
criticizes the Management.
The same procedures are applied: the Board can summon a worker to testify – the same
way that the Senate holds hearings and cross-questions workers in the administration.
Lately, however, the delineation became fuzzier with managers serving on the Board or,
worse, colluding with it. Ironically, Europe, where such incestuous practices were
common hitherto – is reforming itself with zeal (especially Britain and Germany).
Developing countries are still after the cosy, outdated European model. Boards of
Directors are rubber stamps, devoid of any will to exercise their powers. They are staffed
with cronies and friends and family members of the senior management and they do and
decide what the General Managers tell them to do and to decide. General Managers –
unchecked – get involved in colossal blunders (not to mention worse). The concept of
Functions
(1) To regulate, supervise and implement a timely, full and accurate set of accounting
books of the firm reflecting all its activities in a manner commensurate with the relevant
legislation and regulation in the territories of operation of the firm and subject to internal
guidelines set from time to time by the Board of Directors of the firm.
This is somewhat difficult in developing countries. The books do not reflect reality
because they are "tax driven" (i.e., intended to cheat the tax authorities out of tax
revenues). Two sets of books are maintained: the real one which incorporates all the
income – and another one which is presented to the tax authorities. This gives the CFO
an inordinate power. He is in a position to blackmail the management and the
shareholders of the firm. He becomes the information junction of the firm, the only one
who has access to the whole picture. If he is dishonest, he can easily enrich himself. But
he cannot be honest: he has to constantly lie and he does so as a life long habit.
a) Intensive growth
b) Integrative growth
c) Diversification growth
a) Intensive Growth:
It refers to the process of identifying opportunities to achieve further growth within the
company’s current businesses. To achieve intensive growth, the management should first
evaluate the available opportunities to improve the performance of its existing current
businesses.
At times, it may be possible to gain more market share with the current products in their
current markets through a market penetration strategy. For instance, SONY introduced
TV sets with Trinitron picture tubes into the market in 1996 priced at a premium of
Rs.10,000 and above over the market through a niche market capture strategy. They
gradually lowered the prices to market levels. However, it also simultaneously launched
higher-end products (high-technology products) to maintain its global image as a
technology leader. By lowering the prices of TVs with Trinitron picture tubes, the
company could successfully penetrate into the markets to add new customers to its
customer base.
Market Development Strategy is to explore the possibility to find or develop new markets
for its current products (from the northern region to the eastern region etc.). Most
multinational companies have been entering Indian markets with this strategy, to develop
markets globally. However, care should be taken to ensure that these new markets are
not low density or saturated markets, which could lead to price pressures.
b) Integrative Growth:
If a company operating in music systems takes over the manufacturing business of its
plastic material supplier, it would be able to gain more control over the market or
generate more profit. (Backward Integration)
c) Diversification Growth:
A printing press might shift over to offset printing with computerised content generation
to appeal to higher-end customers and also add new application areas ( Horizontal
Diversification ) – or even sell stationery.
Alternatively, the company might choose new businesses that have nothing to do with
the current technology, products or markets (Conglomerate Diversification).
The classic examples for this would be engineering and textile firms setting up software
development centres or Call Centres with new service clients.
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