Technology ofTechnology of inventions inventions

commercializationcommercialization

Training on commercialization and marketing of Intellectual Property (IP)

AbstractAbstract

Commercialization – what is it?

The most frequent mistake in the sphere of inventions and innovations commercialization – when an author making a serious mental work, comes to any enterprise with this development and says: «Take it!«In 99% of cases a response the same: “It is very interesting, but we don’t need it, we have good working production".

Really it is not true and manufacturer would be glad to introduce the innovative development in his enterprise, but the following reasons obstruct him:

• Trial design or absent, or it is made “from iron and kettle”, with hands of inventor himself and absolutely unsuitable for industrial technology used in this enterprise;

• Head of the enterprise does not know if a new product will be needed in the market, as neither author nor manufacturer often do not have a possibility to make qualified marketing researches;

• Head of the enterprise does not know in this moment what expenses should be done connected with applying of new development in his enterprise;

• There is no certainty relatively rights ownership for intellectual property;• Inertness  of human awareness and fear of changes.

• Trial design or absent, or it is made “from iron and kettle”, with hands of inventor himself and absolutely unsuitable for industrial technology used in this enterprise;

• Head of the enterprise does not know if a new product will be needed in the market, as neither author nor manufacturer often do not have a possibility to make qualified marketing researches;

• Head of the enterprise does not know in this moment what expenses should be done connected with applying of new development in his enterprise;

• There is no certainty relatively rights ownership for intellectual property;• Inertness  of human awareness and fear of changes.

Success of Mauritania initiative may be explained by competent management of intellectual property

The story of Mr. Abdellahi Alli, citizen of Mauritania, is an excellent example of successful man who achieved results thanks to his persistence at requesting of information and advice using intellectual property.

This story also demonstrates that success is not limited by America or Europe and any African enterprise or entrepreneur are able to achieve a success thanks to developments and marketing, taking into consederation intellectual property rights.

Mr. Abdellahi Alli in 1987 invented the receipt of dates jam with usage of only fruits without sugar and preserving agents. He presented to his relatives and friends several jam pots and they liked it very much.

His father gave the idea to prepare some quantity of jam and try to market it. Abdellahi did not possess financial means and he began to find somebody as partner who could to lend him money, necessary for purchase of ingredients, packaging material and equipment, as well as for distribution net. When he came to Nuakshot to find a partner in the capital, he was disappointed of failure.

So he decided to sale a several jam pots to earn his living as he did it in the village earlier. He collected empty bottles in rubbish heap, sterilized them and filled with his dates jam in the little workshop.

Step-by-step he became famous in his district and sold more and more jam to small shops and groceries. One day he received a big order from supermarket and found quickly a partner ready to invest money.

It encouraged himIt encouraged him,, but he had a sensetion but he had a sensetion

of of misgivingsmisgivings::

Firstly he was afraid to divide his income with a partner who would make control of manufacturing and distribution;

He also was concerned about possibility of making analysis of his receipt and copying it.

In order to apply the legal provisions on the protection of trade secrets, it is necessary to perform certain conditions.   The most important ones are the following: information must be secret; in the case of disclosure of the secret, anyone can have access to it and use it freely; due to its secrecy, it should have no commercial value; to ensure its secrecy to be taken reasonable steps (for example, agreements on non-disclosure of secrecy).

• Protecting the Trade Secrets offers the following benefits:

it is carried out without the need for registration or payment of registration fees, while patents must be registered, and the registration fees can be quite high; it operates without a time limit, while the duration of the patents up to 20 years; it is not associated with the formalities, while patent protection requires the disclosure of government authority.

This however does not solve the problem of consumers who could make the analysis of jam, as protection for the invention as a trade secret does not grant an exclusive right to prevent third parties from using it for commercial purposes.

• Accordingly Abdellah had to make a choice, or patent the invention or to possess it as a trade secret. If it is not patented his invention, someone else is capable of at a later stage to develop an identical or equivalent invention, will be able to do so, and thus prevent him to sell his jams on the market, or to charge a fee for the use of another invention. Competitors may also think about how to use the invention Abdellah. Since the production of dates jam was successful, someone else could be deceived idea of its production without paying a royalty to its creator and to sell it perhaps at a lower price. Therefore, without a patent Abdellah does not want to disclose his invention to partner for fear that he will assign it to itself. If, on the other hand, his invention is patented, it will be able to give him a license for a fee, and thus take advantage of its intellectual property, without losing ownership of the manufacturing process. Weighing the pros and cons of the various options they alleged actions Abdellah decided to patent the invention.

Dealing for patent obtaining

• AOPI advised him to go to a counselor in order to conduct a thorough search and ascertain whether his idea of a truly inventive. In the case of a positive result was then the consultant should make a patent application. In any case, prior to the filing of a patent application is very important not to disclose or publish the content, as it excludes from the outset any possibility of obtaining a patent. Subsequently, in the presence of a patent Abdellah proved extremely useful in terms of attracting loans.

Summary and extracted lessonsSummary and extracted lessons

Results of executed work:

• Abdellah was able to expand his business. Now he produces dates jam in large volumes with a partner and financial support to banks and bonuses, which he won. He often receives orders from companies with which he had met at various exhibitions.

• Abdellah plans to sell their products abroad, particularly in countries - the major producers of dates, as Morocco, Algeria, Tunisia, Iraq and Israel, and at the same time considering the provision of technical license that will allow him to allow companies operating in these countries (licensees ), use its manufacturing process in exchange for the payment of certain royalties. So he took steps to file patent applications in the countries in which it is going to be exported or to grant licenses.

• Abdellah also cooperates with a specialized company, which helps him to develop to his jam suitable trademark. He wants this sign was easy to read, pronounce and remember in all languages , and especially that it was sufficiently distinctive to qualify for registration and protection of OAPI and foreign trademark offices.

Achievements of Mr. Abdellahi