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How Did Malaysia Excel in Palm Oil Industry?

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The Previous Rubber Industry

The car industry in the early 1900s spurred the establishment of vast rubber plantations in Malaysia (Malaya then). Rubber companies with names of British towns were floated on the London Stock Exchange to fund the planting of rubber trees. Till the 1960s, rubber exports were the main source of revenue for the country. Smoked rubber sheets were sold by large British-owned companies to manufacturers in Britain, Germany and the US to produce a variety of rubber products, such as tires and conveyor belts. A city in Ohio, US, Akron, became the main beneficiary of the major demand for tires. It was called the “rubber capital of the world” until the 1950s, where large tire manufacturers established factories in Akron to supply booming car companies in Detroit, Michigan.

Today, Akron is no longer a rubber bustling city. The city is now encouraging new companies that could develop new products based on the knowledge of the rubber technology.

Throughout the period, Malaysia remained as the largest exporter of smoked rubber sheets. In the 1970s and 1980s the Malaysian government encouraged local firms to establish tire manufacturing plants to supply both local and export markets. As tires are bulky products, they need to be closed to car companies. As Malaysia did not have a large car industry, these tire companies are mainly servicing the local car companies as well as for the replacement market.  Thus, Malaysia did not take advantage of its rubber to establish a rubber product industry. One bright spot is that Malaysia has managed to become the largest exporter of rubber latex gloves, albeit most of the rubber latex comes from Thailand.

A Different Path for the Palm Oil Industry

Palm Oil Tree with Maturing Fruit Bunches

Unlike the rubber industry, Malaysia had succeeded in taking advantage of its palm oil resource. We have conducted a PhD-level research on the key factors that allow the palm oil industry to innovate, from the planting of oil palm trees to the processing and development of new products for food and industrial applications. Various products were derived from palm oil such as substitute for chocolate, and washing powders. If we analyse the list of ingredients in our favourite consumer products, such as KitKat and Nutella, we will note that they contain at least one or two ingredients from palm oil. These ingredients are manufactured by large Malaysian palm oil multinationals, which have operations in many countries (See our book, The Palm Oil Multinationals from Malaysia: How they control a global Industry that started from four humble seeds. It is available from Amazon.com.)

Popular Consumer Products Containing Palm Oil Ingredients

The Presence of Institutional Networks for Knowledge Generation, Sharing and Adoption in Palm Oil Industry 

The study had identified a close network that facilitates knowledge generation, knowledge sharing and knowledge absorption in the Malaysian palm industry. The close network was formed as a result of historical contexts and on-going interactions promoted by focal institutions with responsibilities to develop the palm oil industry. This close network, which we term the palm oil institutional network, links an industry-funded R&D institute with palm oil firms, governmental institutions, industry associations and groups of technical and scientific experts. The inputs from on-going and close interactions are utilized by the industry-funded R&D institute to develop its R&D programmes, especially medium- and long-term R&D efforts, which are avoided by commercial interests of palm oil firms.

Five types of network, which collectively create the palm oil institutional network, are; (1) government-mandated technological networks, (2) industry associational network, (3) institutional policy network, (4) government-linked corporate networks, and (5) expert informational networks.

The government-mandated technological networks (GTN) were formed by government legislation to formulate and undertake R&D activities for the palm oil industry. The main components of the GTN are a government R&D institute, the Malaysian Palm Oil Board (The MPOB), important industry associations, major palm oil firms, and technical expert communities. The MPOB is funded through a collection of levies paid by palm oil firms. The MPOB formulates its research activities through inputs obtained from industry associations, technical expert communities and members of industry associations on board of the research institute.

The MPOB is a Global Leader in R&D Activities of Palm Oil

The MPOB actively shares its R&D findings with palm oil firms through technology bulletins, conferences, workshops and technology licensing. It is the main generator of new knowledge for the palm oil industry over the last thirty years. This new knowledge is widely discussed among palm oil firms. As example was that the discovery of an African weevil for the pollination of oil palm by a private palm oil was quickly adopted by other palm oil firms, thereby increasing the overall productivity of the palm oil industry.

The industry associations are the earliest business networks in the palm oil industry. Initially these industry associations acted as social organizations for members and planters. As the palm oil industry expanded, these associations were invited by government to be involved in policy-making committees. These industry associations are a key component in the dissemination of information among its members. An important industry association is the Incorporated Society of Planters (ISP), whose members are managers of the plantation industry. The ISP helps, formally and informally, in the sharing of industry best-practices over many decades since its incorporation in 1919.

The industry associations help to create institutional routines, which are represented by regular interactions among various institutions. Firms in the palm oil industry are involved in guiding the direction of the palm oil industry through industry associations.

Institutional policy networks are linkages used by governmental units to formulate policies affecting the palm oil industry. The main objectives if the governmental policies had been to facilitate the business environment for the palm oil industry. The institutional policy network links public institutions with palm oil firms and industry associations for exchanging information, expertise, trust and other political resources.

Many governmental ministries are involved in institutional policy networks within the palm oil industry. Industry associations are involved in discussions, annual industry dialogues and sit on various governmental committees for inputs on policy-making. Common industry problems are regularly discussed and a united stance is arrived at to address these common industry problems.

Government-linked corporate networks are linkages among firms in which the government has significant direct ownership. These government-owned firms are often provided with incentives to undertake projects or activities that can strengthen the palm oil industry through technology acquisition and infrastructure development. Moreover, government-linked palm oil firms own substantial acreage of plantation lands

Government-owned companies, which are large palm oil firms, are instrumental in the generation and sharing of knowledge, with collaboration being an important R&D strategy.

Our research shows the long-term nature of research for a crop like oil palm requires palm oil firms to collaborate with other firms and governmental institutions to reduce costs and risks. As an example, the research to develop a new high-yielding oil palm can take over thirty years before a successful variety is commercialized for planting. Thus, the nature of the oil palm research provides strong motivation to collaborate, which leads to a permanent need of an institutional network.

The palm oil institutional network is supported by an informal personal network, which has been nurtured through a long history of social interactions and personnel transfers between companies. This informal societies and communities within the palm oil industry form a strong informal network for knowledge sharing.

The expert informational network (EIN) is a new type of network which is formally used by the Malaysian palm oil industry to search for new information and planning R&D activities. The EIN is set-up by the MPOB since its establishment thirty years ago, by the appointment well-known local and foreign experts to sit on a number of technical committees, named Programme Advisory Committees (PACs). The formal EIN allows the MPOB to consider independent inputs to plan its R&D activities as well seeking inputs of palm oil firms. As at April 2013, the PAC had sixty four members of experts from industry and academia.

 Conclusion

Despite the African origin of oil palm, Malaysia first developed the palm oil industry from a small base to become the leading producer through technology accumulation processes. In order to generate new knowledge, the government established new institutions to undertake industry research and commercialize new technologies to benefit the palm oil industry. A tax was imposed on palm oil firms to fund the operation of an industry-focused R&D institute, and, in return, the palm oil firms are involved in guiding the direction of the R&D activities of the MPOB. The inputs for its R&D activities are drawn and refined through continuous and close interactions between palm oil firms, the MPOB, industry associations, governmental units and industry experts. The results of the R&D findings are disseminated in various codified and non-codified knowledge through various mechanisms. The MPOB also taps the knowledge of a global network of experts to search for new information and technology directions, which we call expert informational network (EIN), and is unique to the Malaysian palm oil industry for generation of new knowledge. These formal institutional relationships are reinforced by informal linkages among institutions and individuals in the Malaysian palm oil industry, which norms of relationships have been propagated by generations of industry executives, industry leaders and institutional heads.

 

Jobs and Automation

Drone and LED: Firework-Less Display

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             A Noisy Firework Display

Introduction

The other day an electrician came to our house to replace all the conventional fluorescent lights with LED lights. These LED lights are now offered at most DIY shops, and house owners are slowly embracing LED lights. This is also helped by lower LED prices, and many brands are competing in the marketplace.

LED lights are found in many applications, such as car daylights, Christmas decorations, street lights and toys. Many new applications are being discovered

           An LED With Multiple Colours

LED Display Using Drones 

Recently, LED lights carried by drones have been introduced by the technology company, Intel  Inc. (Intel) at an event in Las Vegas, US.  Intel’s Shooting Star drones, which fly in formation, carried LEDS capable of more than four billion colour combinations. The company is said to have created a new, sophisticated art that is cleaner than the traditional firework display.

In a first-of- its- kind display, at the Consumer Electronics Show (CES) technology show in Las Vegas, Intel deployed 100 of its palm-sized drones to fly to a sound track of electronic music inside a theater in the Monte Carlo Resort. It later showed off 250 of its drones flying in synchronization with the formation show outside the Bellagio hotel dancing in the sky to form stars and concentric circles.

The entire swarms of drone are programmed with routines and controlled by one pilot.  Intel noted that it had wanted to demonstrate the potential of its drone technology as well as offer a new form of entertainment and display.

                        A Type of Drone

Drones carrying LEDs are likely to replace fireworks which have around for centuries since there were invented by the Chinese.

Although interesting and dramatic, fireworks create a lot of dust pollution and noise.  There are also dangers posed to the operators. Intel says that light shows are a way of re-defining night-sky entertainment. The new LED/drone combination offers better benefits such as the ability to create shapes and logos with a combination of colours and a vibrant mix of sounds.

Intel also notes that the positioning technology that keeps the drones close to each other without crashing could be used for other purposes, such as sweeping large areas during a search. Intel has previously demonstrated drone light shows at many events. However, those displays used larger drones that communicate with GPS. It  said that GPS could not be safely used for drones flying indoors or in semi-enclosed spaces such as sports arenas, music stadiums and concert halls. Such spaces are also off- limits to fireworks This means that the miniature drones provide a new way to bring firework-style shows in venues where that would previously have been impossible.

New Opportunities    

Unlike firework displays, which literally burn money, LED/Drone combination for display and entertainment is re-usable. This is a new business opportunity for an enterprising entrepreneur. Maybe, in the future, we may not need to have our car with headlights: LED/Drones combination would drive in front of the car to provide lighting. Not to forget the self-driving autonomous car. Bosch and other headlight manufacturers beware!

Reference: Mark Bridge Shooting Star drones could replace fireworks. The Times, January 12th, 2018.

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The Sweet Spot of Online Travel Agents

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               Websites of the Expedia Group

Introduction

My hard-working wife uses only a specific brand of toothpaste, Colgate. She has been long exposed to the advertisements of the toothpaste since she was small. These days, to a Malaysian child of 5-years old and above, nice foods mean McDonald’s, snacks mean Shell petrol stations and holidays means Tivago.

In fact, my wife told me that a 5-year old granddaughter of her friend already equates Tivago with  holidays when the advertisement of Tivago appears on television.

Tivago is a well-known online travel agent. What is the business model of online travel agent? What is the sweet spot of online travel agent?

Tivago and other online travel agents have become the main channel to book hotels worldwide. In return, hotels secure room bookings and improve their occupancy rates. Less well-known hotels and lodgings also use online travel agents to market their facilities to consumers worldwide. The power of online agents is disliked by major hotel groups, as by using online travel agents they forgo a considerable income through paying commission fees to online travel agents.

At the same time, these hotels would lose market share to other hotels that work with online travel agents. As hotel rooms are perishable goods and cannot be reserved for future use, hotels must make a trade-off between potentially higher revenue from selling their rooms by themselves or lower revenue by selling the rooms by online travel agents.

The Business Model of Online Travel Agents

The online travel agent practices a number of business models , which are as follows:

  1. The merchant model,
  2. Hotel collect/Agency model,
  3. Flexible/Opaque model

The Merchant Model

The merchant model involves the online travel agent purchasing a given quantity of rooms from a hotel at a wholesale price or rate. Then, the online travel agent will mark-up the price and offer the rooms to their online customers. Under the merchant model, the online travel agent bears the risk of unsold rooms.

Extensive use of online travel agents under the merchant model has resulted in erosion of unified pricing plans that are favoured by major hotel groups.

The Hotel Collect/Agency Model

The hotel collect/Agency model involves the online travel agent agreeing to distribute the rooms at an agreed-price with the hotels. The online travel agent receives a commission on each of the room when the guest leaves.

Flexible/Opaque Model

Under the flexible/opaque model, the online travel agent distributes rooms at an agreed price set by the hotel. Then, the online travel agent matches the bids of customers with the lowest price offered by the hotels. The online travel agent makes a profit through the price difference once the hotels accept the transactions. In the opaque model, customers purchase rooms on the online travel agent’s website without knowing the hotel brand before they make payment.

The three business models used by online travel agents involve having information about the buyers of rooms that is not available to the sellers of rooms and information about the sellers that the buyers of rooms do not know.

The Online Travel Agent Industry

The online travel agency is made-up of only a few firms. Although there are frequently new entrants, they tend to be gobbled-up by existing firms. The major companies own many different websites, some of which offer different services. Most of the websites function as metasearch engines that pull prices and offerings from their own networks. The term metasearch is used, since each provider’s website is  a search engine that shows listing from only that company across times location, or services.

Revenue Streams

Revenues of travel online agents are derived from three main sources.

The first revenue is agency revenue where the online travel agent’s website is simply an intermediary that connects a customer with a provider of travel services. The costs of transactions are not borne by the online travel agent. There would be no costs of revenue and costs of goods sold associated with these transactions.

The second revenue is merchant’s revenue where the online travel agent is the merchant of record, and costs associated with the transactions are borne by the online travel agents. These costs include credit card processing fees, costs associated with securing a package or deal and any other fees that might be associated with the transactions.

The third revenue is from advertising. Advertising does not have associated costs since the advertisements are displayed on company-owned websites.

Conclusion

Websites of Priceline Group

The online travel agent industry is one of intermediaries that is insulated from and tends to benefit from the intense competition among travel service providers like hotels and airlines. It is also at a stage of consolidation that direct competitors tend to be swallowed up. The cost of entering the industry Is low, simply requiring a website infrastructure and a search algorithms. New entrants that curve out a customer base are acquired, but the websites brand is usually maintained.

Many of the well-known websites are owned by Priceline or Expedia, as shown below:

Firm Websites
Priceline Booking.com

Priceline.com

Agoda.com

KAYAK

Rentalcars.com

OpenTable

Tivago.com

Expedia Expedia.com

Hotels.com

Travelocity

Egencia.com

Carrentals.com

Orbitz.com

Cheaptickets.com

Tripadvisor Tripadvisor.com
Ctrip Ctrip.com

 

The travel online agent industry is enjoying a sweet spot and this is driven by the wealthy consumers in China, Japan, Europe, US and emerging countries who want to enjoy travel experiences.

Reference:

  1. The Henry Fund, February 10th, 2016. Online travel agencies
  2. Paper submitted by my DBA students, Rajiv Mangruwa and Rosalind Sinnappan
Electric and Autonomous car

Electric Cars and Robots: Their Negatives and Positives

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Background

Nissan Leaf, Leading Electric Car in the Market

Electric cars are hogging the headlines in many countries. For example in Norway, electric cars represent about 40 per cent of new car registrations. Charging stations for electric cars are everywhere. Norwegian government is providing incentives and perks to encourage drivers to purchase electric cars.

Buyers do not pay import tax and VAT on plug-in cars, shaving thousands of US dollars of the upfront cost. Running costs are lower because electricity is cheaper than petrol and diesel, while road tax is reduced, and will drop to zero in 2018.

Electric car owners also do not pay road tolls, ferry fees and city emission charges that other drivers face Moreover, the drivers can park for free and bypass traffic by driving in bus lanes.

A consulting company, EV-Volumes, which tracks electric cars globally, estimated the sales of electric cars have exceeded 3 million units. The list of car companies intending to offer electric car models is growing as shown below:

No. Car Manufacturers Models Year
1 Daimler Smart 2009
2 Peugeot iOn 2010
3 Mitsubishi I MiEV 2010
4 Nissan Leaf 2011
5 Renault Bongo Z. E. 2011
6 Tesla Model S P90D, Model S 70D 2012
7 Bollore Bluecar 2012
8 Honda Fit EV 2012
9 Ford Fpcus 2012
10 Renault Zoe 2013
11 VW e-Up! 2013
12 BMW I3 2013
13 Chevrolet Spark EV 2013
14 Fiat 500e 2013
15 Nissan e-NV200 2014
16 Kia Soul 2014
17 VW e-Golf 2014
18 Mercedes B-Class ED 2014
19 Tesla Model  X 2015
20 Nissan Leaf 2015
21 Chevrolet Chevy Bolt 2016
22 Renault Zoe upgrade 2016
23 BMW I3 upgrade 2016
24 Mercedes Smart Fortwo 2016
25 Citroen e-Mehari 2016
26 Opel Ampera-E 2017
27 VW eGolf upgrade 2017
28 Hyundai Ioniq EV 2017
29 Mercedes Cabrio, Forfour 2017
30 Audi e-tron 2018
31 Jaguar I-Pace 2018
32 Tesla Model 3 2018
33 Daimler Generation EQ 2019
34 VW I.D. 2019
35 Lucid Motors Air 2019

Source: FTWeekend, 4 November/5 November 2017

 

Tesla Model 3, Electric Car with Many Advanced Features

The March of Robots

Robots are quietly changing the employment landscape.  The large mining companies such as Rio Tinto are replacing human drivers in managing the operations of the huge trucks that carry commodities such as iron ores. The drivers who drive these monster trucks are well paid but the job is dangerous. In Rio Tinto’s mines at the remote Pilbara in Western Australia, the monster trucks are now driverless. They are being controlled 1,046 kilometres away in a control room in Perth, Western Australia.  These monster trucks operate 24 hours, without tiring.

Monster Truck is Remotely Controlled

In Santa Clara, California, US, robots are being used in selling houses. These robots are operated by the high technology property management start-up, Zenplace, and are intended to take the hassle out of coordinating showing times between real estate agents and prospective renters. The robot is operated by a real estate agent to save driving time in coordinating with the client’s schedules. Now, with the robot, the real estate agent can do between 150 and 20 showings a day, which enhances his/her  commissions.

Robot Used in Selling Real Estate

The two cases show that robots can have both negative and positive impacts. Even in a developing country like Malaysia, robots and automation are chipping away many routine jobs. Fortunately, the employees, who are affected by automation, are re-assigned to other jobs.

In 2018, the employees, whose jobs are taken by robots, may not be so lucky.

Best wishes for 2018 from Dato’ Dr Anuar Md Nor, President, Bison Consulting.

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Interlude: Work, Technology and Organization, Class September 2017

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                                    Congratulation to All DBA Students

Dr Haji , virtual network expert and Dr Gina,  over-educated insurance agent

A hard working pair

Dr Rajiv and Me

Internet travel expert from Indonesia

Dr Eliana, Dr Khalfan and Dr Ammar

Eliana and two handsome guys from Middle East

Dr Anak, Dr Major, Dr Mohd Mazlan and  Dr Mohammad Shahril

 A clever group with great future ahead of them 

Dr Haji, Dr Gina, Dr Rosalind and Dr Rajiv

The lady’s man with his class mates

Not in the pictures are Dr Barraa, Dr Daniel and Dr Shazleena

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Well-known Department Stores Fight Back Online Competitors

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Introduction

Previously, locals and foreign tourists to London and New York would head to Harrods, Barneys, Bloomingdale’s when they were in town. Lately, lesser number of tourists is shopping at these grand department stores as they have been buying luxury handbags and cloths online.

A Neiman Marcus’s Department Store

The grand department stores are fighting back with an array of initiatives to draw customers in and engage them longer, according to an article in Financial Times, How to Spent  It, published on October 7th, 2017.

They have been troubling times for department stores in London and Manhattan, New York, where competition from internet shopping is merely one of the challenges facing the grand old department stores. In their heyday they and their global counterparts encapsulated the spirit of their age, but that age is no more. What is left are vats edifices, which if they are to survive, have to reinvent themselves for the new times we are lining in and keep on their toes as their customers’ tastes and habits continue to evolve.

As Trevor Hardy, CEO of trend-forecasting agency The Future Laboratory, puts it, “ The department-store concept was invented for an era when consumption was inspired to-in had cultural currency. Today, the mere act of consumption is not much aspired to; the new breed of entrepreneurs notably spends very differently for the way earlier wealthy individuals used to spend, but that does not mean there is not still a lot of spending going on.”

If the reason of a department store is to sell, then it must sell those things that today’s consumers want to buy. It must also re-imagine the way it uses its space.

Mortimer Singer, president and CEO of business development and strategic consultancy firm, Marvin Traub Associates, identifies several “headwinds” that the US stores are struggling with.  Firstly, there is what he calls the “new Davids”-lesser-known brands , well over 200 of them, that were born online and in many cases may only be doing about US$10 of business a year each, but collectively “are taking some US$4.2 billion out of the more established retail sector”.

Then there is the clothing and accessories rental business, which he says is booming in New York. This new business has saved consumers a lot of money a year.

Thirdly, what Singer calls the “aftermarket” is also affecting the department stores, with more and more women buying second-hand or “pre-loved” clothing and accessories from luxury websites such as Therearreal.com. Finally, Singer points to the mega-growth of the health and wellness industry, which is also taking huge sums of money that might in the past have been spent in traditional department stores.

In addition, to all that there is Amazon, which is expected to overtake Bloomingdale’s owner Macy’s this year as the seller of what in the US is known as “apparel”. Many grand department stores in New York are using new technology as one way to tackle the “headwinds”. Neiman Marcus, for instance, added features to its app that mean a friend could paragraph a pair of shoes and ask Neiman Marcus whether it stocks them or a similar design. On top of that, its stores now have “Memory Mirrors”, which offer customers 360 degree views of exactly how they look in the chosen garment.

Re-imagining Department Stores

Several department stores are beginning to offer food, while there is a recognition that their stores  had not kept pace will all technology has to offer. Seamless omni-channel service is now mandatory.

Marigay McKee, former chef merchant at Harrods and former president of Saks Fifth  Avenue, who now runs strategic business development company, MM Luxe Consulting, believes, “We have to bring the love and the humanity back into the experience of shopping. Stores need to concentrate on what I call ‘the three Es” – emotion, environment and experience-if they are to appeal to today’s customers.”

This means doing things like ringing up customers when an item comes in that the assistant feels the customer would like, letting people buy a dress in Chicago and change it in New York, or allowing them to buy online and return to a store ( or vice versa).

Hardy, of The Future Laboratory, identifies one of the key problems for modern-day department stored as the dramatic decline in the time customers spend in stores. “Managers need to work out how to get shoppers to stay longer, “ he says. “ They need to bring popular culture back into stores.”

One area with significant growth potential is wellness, health and beauty, and what Hardy call “self- transformation”.    Saks Fifth Avenue offers skiing lessons. There are also boot-camp-style exercise classes and therapy treatments, from the natural to the high tech. Customers can also buy a Peleton exercise bicycle and follow spinning classes from home on a screen attached to the handle bars.

In London, department store, Harvey Nichols, is enticing customers into its stores and keeping them longer. It has invested a great deal in beauty and wellness, opening a new beauty lounge. As well as offering treatments such as LED facial, cryotherapy and vitamin and nutrient injections, the beauty lounge offer make-up masterclasses. It also makes a [pint of always having something exceptional to offer connected with these events.

A Harvey Nichols’s Department Store in London

The Future

Meanwhile a buying director of Liberty, which struggled for many years but is now trading profitability believes firmly  that department stores are here to stay, but says they have to offer a compelling reason for customers to visit. “I try to enhance all the things that you cannot get online-this means we offer advice and in-depth knowledge about our products. It is all about eccentricity and the story behind a product. “I also see us as neighbourhood store.”

McKee, with her experience of managing retailers on both UK and US, is a believer in the future of department stores, but says they need to remember that they “have to become the host or hostess, while the customer is the guest”.

What is indisputable is that no stores can expect to survive if, as The Future Laboratory’s Hardy puts it, “all they do is to try to sell us more stuff”.

 

Reference: Lucia van der Post, Retail of two cities, Financial Times, How to spend it, October 7 2017.

Intellectual Property

Intellectual Properties in Companies

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        UNIPLASTER an old brand in Malaysia

Introduction

Many businesses, including services firms, do not realize they have intellectual property rights that are valuable, such as trademarks and copyrights, and that there are means to protect them. Conversely, many businesses may think they own the intellectual property rights in work they paid for, such as custom software, when in fact they may not hold any such right at all.

Generally, there are four categories of intellectual property: trademarks, copyrights, patents and trade secrets:

  • Trademarks are words, symbols or phrases that are used in connection with a good or service and identify the source of the product or service. For instance, Coke is a trademark used in connection with carbonated soft drinks and the source is The Coca Cola Company.
  • Copyrights are rights created from an original work of authorship that is reduced to a tangible medium, such as books, artwork, even software programme and website content.
  • Patents encompass “inventions’-novel and non-obvious utilitarian processes, matter or articles of manufacture-and can include design patents or business method patterns.
  • Trade secrets are non-public information and know-how that would have a value to a competitor. Following the Coke example, the formula for Coke is considered one of the most valuable trade secrets in the world.

It is important for firms and companies to take time and efforts to review their business information to understand and grasp the value of their intellectual property and to determine what rights they actually hold and those they do not. Intellectual property lawyers assist their clients in conducting what is referred to as an “intellectual property audit” to give a business a picture of its rights.

K. S. Grimsley and P. K. Riewerts (CPA Practice Management Forum, July 2010) have suggested a list of items that such an audit might cover.

Trademarks

Does the business have trademarks? Firms and companies should determine  if they are using any trademarks in connection with their goods or services. For instance, do they use a design, word or phrase in connection with a product, such as clothing, or pharmaceutical product, or a service such as accounting services or consulting service?

The use of a mark alone establishes trademark rights in the geographic area of use, which is beneficial in preventing others from using the same or a similar mark in the same geographic area. Registration acts as notice to the world that you own a trademark in a mark for particular goods or services, which is an important deterrent to third parties using the same or similar mark.

Thus, when doing an audit, companies should review their websites and marketing materials to determine what trademarks they have and whether these are registered or should be registered.

Are the business’s marks available for use? Another important aspect in reviewing trademarks is to make sure the marks the company is using are actually available for it to use as such. If the company is using a mark that is the same or similar to another mark by a prior user, the company could find itself in threatened or actual litigation for trademark infringement.

Consistent use of marks and policing marks. Once a company has established rights in a mark, two important aspects are to use the marks consistently and to police the marks. Regarding consistent use, the company should use the marks on products or in connection with the services in the same manner and form in which they are registered or if not registered, as the company has always used the mark. Strength in mark is built up through consistent use, and modifications could potentially hinder the company’s rights and registration.In addition, the company should police the marks to make sure other third parties are not using them. If a company does not watch its marks and contest others who infringe upon its mark, it runs a risk of losing its rights in the mark.

Licensing. A final task on trademark checklist is to determine if it is allowing others to use its marks. For instance, does the company have third parties it allows to use the mark? If so, does it have a license agreements in place outlining its rights in the mark and the fact that it will exercise quality control over how the mark is used by the third party? Failure to manage the quality of goods and services sold under the company’s marks-referred to as naked licensing-can potentially lead to losing the company’s rights in a mark. Thus, to maintain all rights, the company should have license agreements in place containing quality-control language, and the company should actually review the quality of those goods and services.

Copyrights

Does the business have copyrighted materials? Companies should investigate what works of authorship they have created. This includes works created by employees in their scope of employment. Copyrights no involve just novels and artwork. If a company has created software programmes, training manuals or articles for its website, the creation of such material in some fixed medium creates copyright right in the material. To be copyright-able, the work must be fixed in  a tangible medium of expression. The idea for a software programme or advertisement is not copyright-able; however, the company can protect the expression of the idea. Therefore, the software  programme or brochure promoting the business is copyright-able. Copyright owners enjoy several  exclusive rights in their works, including the right to reproduce the work, to make derivative works (adaptations or transformations of the original work), to redistribute the work and the right to display and perform the work publicly.

Why obtain copyright registration? With copyrights, the company is protected under the Copyright Act the moment a work is created. However, a company may want to consider obtaining copyright registration in these works. Registration is usually inexpensive and offers several benefits. It constitutes public notice the work is protected, which may deter others from copying the work without permission. Registration is mandatory before bringing a copyright-infringement lawsuit. A third benefit of timely copyright registration is that it entitles the registrant to certain legal remedies against infringers that would otherwise be available, such as statutory  damages and legal fees. Otherwise, an award will be limited to actual damages and profits, which can be difficult and expensive to prove.

Employee works versus independent contractor works. To the extent that the company had work created by employees, that work is automatically deemed to be authored and owned by the employer under the work-for-hire doctrine. However, if the work is created by an independent contractor, it is likely that the rights in the work are actually owned by the independent contractor, and at most, the company may have a license to use the work, unless the contract specifically states that the company owns all intellectual property rights in the work. This issue arises frequently in situations of customized software and website development. Thus, to the extent that the company has had works of authorship created, such as software programme, website or survey manuals, the company should review the contracts to determine ownership rights. To the extent the company dose not own the rights, it should consider negotiating with the independent contractor to assign the right to the company.

Licensing. To the extent the company allows others to use its works, the company should make sure that it has licenses in place with these parties that fully explain its ownership in the works and the other party’s right to use them under terms of the license it grants. It may also want to make sure it has the right to terminate the license in the event of a breach of the license terms. Further, to the extent the company is using work that is owned by someone else, it should review the license agreement to determine its rights and obligation under the agreement.

Patents

Does the business have patents? Patents cover a variety of technology, including inventions in connection with mechanical devices, processes, scientific compound combinations, new varieties of plants, software programme and product designs. Patents can also be obtained on novel and non-obvious business methods, although these types of patents are scrutinized heavily and take much longer to issue. A patent is issued by a national government and gives the holder the right to prevent others from making, selling or importing any device or process that infringes one or more claims in the patent. In most cases, this right is limited in time to 20 years from the date it is filed with the national government authority in charge of patent registration. It is important to note that patents are negative rights-that is, they provide a right to prevent others from doing certain things; in plain English what this means is that just because you have a patent, that does not mean you can sell or make the device because doing so could still infringe a prior patent.

Processes and procedures in place. To qualify as a patentable invention, the invention must meet certain requirements. Therefore, a business should ensure it has the proper processes and procedures in place to assess an invention for patentability. Such procedures include having employees notify the proper business personnel upon development of a potential invention and evaluating the strength of such invention.

Deadlines. It is of utmost importance to consult a patent lawyer early on in the invention process regarding the scope of prior art or the possibility of infringing another’s patent. As an example, in the US, patents must be filed within one year of the date of the product or service embodying the patent is sold, offered for sale, publicly used or publicly disclosed. In most countries like Malaysia, there is no grace period and the application must be filed before any commercial use or disclosure. By consulting a patent lawyer, a business informs itself of patentability requirements, application details and filing deadlines that could prevent an inventor from securing a patent. Likewise, is a business seeks to file foreign patent applications, a patent lawyer will be able to advise on tying back foreign filing benefits to an earlier application filing date, if addressed in a timely manner.

Record-keeping. In addition, a business should retain and keep accurate records of information associated with the invention, such as research and lab notebooks and designs. These materials are essential to establish the dates of creation for the invention and will be needed if the patent application or registration is challenged.

Employee works. Furthermore, protective measures should be implemented with employees developing inventions. Unlike copyrights, there are no work-for-hire doctrine in patent law. With one narrow exception, all patent right  transfer must be in writing. Thus, a business should seek assignment agreements with its employees before the work begins to secure the rights of the business in the invention. The narrow exception exists for employees that have been “hired to invent”. Agreements allow for the smooth transition of ownership from the employee to the company. As an incentive to continue developing inventions, companies will often set up a royalty or profit sharing plan for any invention that proceeds to registration. Also, non-disclosure and confidentiality agreements should be secured with anyone developing, having access to or any knowledge of the invention, or anyone who is engaged to test the invention.

Trade Secrets

Keeping trade secrets a secret. Trade secrets consist of information that is of value to the business owner and would be damaging to the business owner if disclosed to a competitor. A classic example is the Coke formula. From time to time, businesses will enter into negotiations with other businesses or individuals to team up for a business venture. Two parties could agree to create a software programme together, work on research and development together or work together in a particular project. During these negotiations, each party may disclose information that is considered confidential and could harm the party if disclosed to third parties. This could include trade secrets and other intellectual property. To protect this information, a company should make sure that it has a non-disclosure agreement in place requiring both parties use the information they receive specifically for the purpose under the business deal, that they will not disclose the information to any third party without permission and that at the end of the discussion, they will return all confidential information to the other party who owns it.

Conclusion 

A typical company may have one or more of the four categories of intellectual property. It is important that a company lists out the inventory of the type of the intellectual property and decides the proper action plans to be implemented.

Uncategorized

Privacy

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Privacy Policy for The Blog of Dato’ Dr Anuar Md Nor

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At www.datodranuar.com we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information is collected and recorded by www.datodranuar.com and how we use it.

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Intellectual Property

Motivating Innovators: Employee’s Compensation System

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Malaysian scientists participating in a technology exhibition

Introduction 

Recently, we attended a talk by Dr. Joon Seok Lee, President, Korean Invention Promotion Association (KITA). The talk, Employee’s Patent Compensation System (EPCS) in Korea, was organized by Malaysian Association of Research Scientists (MARS). The EPCS has been a motivating factor for engineers and scientists in Korea to discover new innovations and allow their firms to commercialize these new innovations into world-beating marketable products.

We are all aware that Korea has become an advanced manufacturing nation with world-class companies. The EPCS,which was made a law, has a main objective to motivate employees who discover inventions to inform his/her companies (employers). In return the employers must decide whether to proceed with the registration of the patent and its commercialization.

Most major Korean companies have the EPCS in their human resources policies and compete for the best innovative staff and new graduates. A firm will establish a committee, comprising representatives of the firm and key employees to recommend the types of compensations to be given to employees who had developed an innovation that can be patented. Dr. Joon noted the compensations can be:

  1. Promotion
  2. Holidays
  3. Share of profits
  4. Monetary rewards
  5. Others

Other countries that estabished EPCS are Japan and Germany. In Japan, all large companies and about 80% of SMEs have EPCS as part of the companies’ human resource policies.

Impact on Innovation in Companies 

We asked Dr. Joon whether the EPCS has increased the capacity of Korean firms to innovate as employees are now more motivated to innovate. His answer was a clear Yes. In fact, many employees have received large compensations in the form of promotions and monetary rewards.

We all know that Germany, Japan and Korea have well-known manufacturing giants. These countries also have innovative SMEs with leading products in their market segments. Now we know the EPCS is one of their secret tools to motivate their scientists and engineers to develop new inventions, and, in the process, gain high rewards.

It is timely that Malaysian firms to introduce EPCS in their human resources policies. In Korea, companies that have established EPCS also enjoy government incentives in the form tax deduction.

In Malaysian universities and R&D institutions, engineers and scientists have been provided with incentives. Among the incentives include:

  1. A share in the licensing fee generated from the licensing of the technologies discovered.
  2. He/she is allowed to be a shareholder or director of the company formed to commercialize the technology.
  3. He/she can for a grant from a government company, Malaysian Technology Development Corporation (MTDC) to commercialize the technology.
  4. He/she can gain promotions.
Malaysian engineer standing with a colleague

We are not aware of incentives given by large Malaysian private companies to motivate their engineers and scientists to be more innovative besides getting promotions.

As countries such as Japan, Germany and South Korea had shown motivating their scientists and engineers to discover new innovations can strengthen their innovative capacities.

Jobs and Automation

Robots versus Conventional Vacuum Cleaners

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Background

This article is one of a series of articles on how certain industries and products are upended by new entrants outside of the existing industries. This article will focus on vacuum cleaners which are now replaced by robots.

History of Vacuum Cleaners

Every house will have a vacuum cleaner which cleans dirt and dust from every corner and surface. Vacuuming a house is a major chore that my wife would like to avoid as we have seven cats living together with us.

Vacuum cleaners are electrical appliances that use an air pump to suck up dirt and dust from floors and other surfaces. The dust and dirt are collected in a bag that can be emptied later. As electrical appliances, vacuum cleaners are sold by well known companies such as Samsung, Philips, Panasonic and Electrolux.

The first technology that led to the development of vacuum cleaners occurred in Chicago in 1868 by Ives W. McGaffey. His first -hand held vacuum cleaner was manually-powered by cranking it while it was being pushed along. The first vacuum cleaner that resembled today’s vacuum cleaners was created in 1905 by Walter Griffiths. It was still a manual appliance. However, it was much smaller and portable, which made it easier for one person to operate it. The appliance consisted of a bellow that would suck dust into a removable pipe. The pipe would be cleaned for next use. It also had differently-shaped attachments so that a housewife could reach other areas of the house that needed cleaning.

In 1908, James Murray Sprangler was awarded a patent for his vacuum technology that involved a rotating brush coupled with an electric vacuuming machine. He sold his idea to the Hoover Harness and Leather Factory, a company based in North Canton, Ohio. It made several improvements and models on the idea.

The Story of Hoover Vacuum Cleaners

Like Colgate Palmolive in toothpaste, Hoover was synonymous with vacuum cleaners.The emerging car business was seriously threatening the future of horse collars. The owner of Hoover Harness and Leather Factory, William Henry Hoover, was looking to expand his company. On a hot summer day in 1908, Hoover met James Murray Sprangler on his front porch to discuss a cleaning contraption that Sprangler had sold to his cousin, who was also his wife.

Vacuum cleaners were a boon to sanitation and health in the early 1900s but they were cumbersome and required two people to operate. Sprangler was an aging, sometime inventor working as a janitor to clear his debts. He developed a portable cleaning device to minimize dust that rose from the carpets he cleaned every night.

Sprangler attached an electric fan motor atop a soap box and sealed the cracks with adhesive tape. A pillow case billowing out the back served as a dust bag. Hoover and his wife were both impressed with the new machine but not many homes then had electricity in 1908.

Hoover bought the patents anyway and started the Electric Suction Sweeper Company. He set aside a corner of his leather goods factory for the production of suction sweepers, turning six cleaners a day. James Sprangler, with his debts relieved, became Hoover’s superintendent of production.

The first Hoover advertisement appeared in the newspaper, The Saturday Evening Post, on 5th, December 1908. The ad described the simple premise of the suction sweeper: “A rapidly evolving brush loosens the dust which is sucked back into the dirt bag.” The ad went on to further state that “Repairs and adjustments are not necessary.” Finally, readers were offered a free ten-day trial at home.

Hundreds of housewives took Hoover up his offer. He shipped the suction sweepers through local dealers who received a commission if the cleaner was purchased. If not, the dealer could keep the vacuum cleaner for in-store demonstrations. Thus, he began the national network of loyal Hoover dealers in the US.

Hoover then organized an army of door-to-door demonstrators. The sales power of the skilled demonstration was Hoover’s secret weapon. No one could deny that his portable vacuum cleaner was effective and time-saving. Research and innovation followed. In 1926, Hoover patented an agitator bar which beat the carpet before brushing it. When he died in 1932, Hoover vacuum cleaners were established as the American Standard for cleaning. In 1952, the company introduced the “Hoover Constellation”. This model hovered above the floor as it cleaned the floor. This model is still found in many American.

Today this famous company is part of the appliance giant, Maytag Corporation.

The Entry of Robot into Household Cleaning

Cleaning a house of dirt and dust is such a chore that inventors are developing robots to replace housewives to operate vacuum cleaners. Enter the robotic vacuum cleaner, which was introduced in 2002. These robotic vacuum cleaners were small and roamed around the house, sucking up dust and dirt. Detectors helped these robotic vacuum cleaners avoid bumping into things. The most popular robotic vacuum cleaner is the Roomba, which is marketed by iRobot Corporation, a company based in Boston, USA. It was founded by three MIT graduates who designed robots for space exploration and military defense. The initial Roomba has been updated with new features to allow it to become an advanced robot that cleans the floor efficiently.

A robot cleaner

iRobot Corporation is late entrant to the vacuum cleaner industry, and it has overtaken the traditional appliance companies in the household cleaning sector. Although the robotic vacuum cleaners are more expensive than the conventional hand-held vacuum cleaners, they have innovative features that make floor cleaning a hassle-free activity. The robotic cleaners are expected to become cheaper and having more features as technical advances are made in mapping and navigation.

The robotic cleaning industry is upending a sector that has been dominated by the appliance industry. The traditional appliance companies are also introducing their own robotic cleaners. However, they need to acquire new know-how in advanced technologies such as navigation, mapping and artificial intelligence. At the same time, more robotic companies would be entering the household cleaning sector with more intelligent robots.

Acknowledgement:

We would like to thank my DBA students, Dr Tamil, Dr Pang and Dr Justin, for providing initial information for this blog. (more…)