Intellectual Property of Hand Therapy in India

Nandgaonkar Hemant P.

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What is  intellectual property?  Innovation

 entrepreneurship  Franchise

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Implications for hand therapy in India

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Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, and images used in commerce

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Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications.

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Copyright includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

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Come to be internationally recognized as covering  Patents

 Industrial designs  Copyrights  Trademarks

 Know how  Confidential information Nandgaonkar Hemant P

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Patents

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Designs

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Trademarks

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Patents Design

• Novel products or process of manufacturing a product

• The non functional appearance of a product which appeals solely to the eye

Trademarks

• Word, name, device or get up used in relation to particular goods to indicate the source of manufacture or trade origin of the goods

Copyright

• Original literary, dramatic, musical & artistic works, cinematograph films & sound recordings

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Patent law

• novelty • Inventive step

Design law

• Originality of design

Trademarks Copyright

• Distinctiveness & similarity of marks • Originality & reproduction of the work in any material form

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IBM holds more than 40,000 U.S. Patents

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IBM approx registers 3,000 every year

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IBM generates more than $ 1 bn each year from technology licensing revenue

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No criminal remedy available for infringement of patent or of a registered design  Obtain an injunction restraining the infringer

from using patent & either damages or an account of profits 

Civil & criminal remedies against infringement of Copyright, trademarks  Imprisonment & fine Nandgaonkar Hemant P

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Research

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Development

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Competition

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Signing of international treaties helps IP owner to have protection of IP in many conutries

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Intellectual property rights are like any other property rights – they allow the creator, or owner, of a patent, trademark, or copyright to benefit from his or her own work or investment.

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These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which sets forth the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary, or artistic production.

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Exploit the IPR himself License the IPR to another party (s) with mutually negotiated benefit sharing arrangements Cross License for mutually independent working and / or collaborative working Assign the IPR to another party (s) for an appropriate return Barter rights Establish a franchise system involving other parties Take action against those who infringe his rights Let the rights selectively lapse in certain countries

Seed, nurture, cultivate and harvest Inventions to create the Present, Immediate Future and distant future portfolios

Beware !!!!

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Innovation is the process and outcome of creating something new, which is also of value.

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Innovation involves the whole process from opportunity identification, ideation or invention to development, prototyping, production marketing and sales, while entrepreneurship only needs to involve commercialization.

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Today it is said to involve the capacity to quickly adapt by adopting new innovations (products, processes, strategies, organization, etc)

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Also, traditionally the focus has been on new products or processes, but recently new business models have come into focus, i.e. the way a firm delivers value and secures profits.

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It is argued that innovation comes about through new combinations made by an entrepreneur, resulting in  a new product,  a new process,  opening of new market,

 new way of organizing the business  new sources of supply

There are several types of innovation  Process, product/service, strategy

which can vary in degree of newness:  Incremental to radical,

and impact: continuous to discontinuous

 Financial pressures to reduce costs, increase efficiency, do more          

with less, etc Increased competition Shorter product life cycles Value migration Stricter regulation Industry and community needs for sustainable development Increased demend for accountability Demographic, social and maket changes Rising customer expectations regarding service and quality Changing economy Greater availability of potentially useful technologies coupled with a need to exceed the competition in these technologies

 Radically reconceiving products and

services, not just developing new products and services  Redefining market space  Redrawing industry boundaries

The Process/Steps of Innovation Pre-IPO

Expansion • Legal Entity

• Viable • Market acceptance • Heading to IPO

• High Growth • Founders = Mgt Team • Bright Idea • Head Count • Minimal Revenue Experimental Start-Up • Multiple Cycles • Slow Growth • Research • Support Functions • Business Plan • Administration Seed • Proof of Concept • Marketing • Revenue Growth Idea / Concept

Time

The Needs of Each Stage •Recruitment •Business •Corporate and Development Secretarial •Market Access •Financial •Training •PR and Marketing •Networking Expansion •Business •Business Plan Development •International support and •Project Management Mkt. Access •Business Premises Start-Up •Diversification strategies •Project Management and support •Management Training •Recruitment •Training and Incentives Seed

Idea / Concept

Time

IP Management Needed in all stages

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People Management –

because IP is generated by people and used by people

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Knowledge Management – because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP

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IT Strategic Planning –

because a lot of IP is IT-related; some of the more complex IP issues arise in IT context

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Contract Management –

because IP is often created (or improved) in context of a contract (eg, supply contract or joint venture relationship)

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Asset Management –

because IP is an asset, albeit intangible; it has a value

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Risk Management –

because there are risks to an organisation flowing from its actions, or failure to act, in relation to IP (including risk of lost opportunity)

IP adds value at every stage of the value chain from creative/innovative idea to putting a new, better, and cheaper, product/service on the market: Trademarks/ GIs Ind. Designs/Patents/Copyright

Patents / Utility Models/Trade secrets Patents / Utility models Invention

Commercialization Marketing Financing

Literary / artistic creation Copyright/Related Rights

Industrial Designs/ Trademarks/GIs

Product Design Licensing

All IP Rights

All IP Rights

Exporting

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IP Strategy should be an integral part of the overall business strategy of an Enterprise

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The IP strategy of an Enterprise is influenced by its creative/innovative capacity, financial resources, field of technology, competitive environment, etc.

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BUT: Ignoring the IP system altogether is in itself an IP strategy, which may eventually prove very costly or even fatal

 Own Use  Licensing  Franchising  Merchandising

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Entrepreneurship is concerned with:  The discovery of profitable opportunities  The exploitation of profitable opportunities

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Firms that encourage entrepreneurship are:  Risk takers  Committed to innovation

 Proactive in creating opportunities rather than waiting to

respond to opportunities created by others

Entrepreneurship drives innovation, competitiveness, job creation and economic growth.

It allows new/innovative ideas to turn into successful ventures in high-tech sectors and/or can unlock the personal potential of disadvantaged people to create jobs for themselves and find a better place in society.

Entrepreneurship, in small business or large, focuses on "what may be" or "what can be".

One is practicing entrepreneurship by looking for what is needed, what is missing, what is changing, and what consumers will buy during the coming years.

Entrepreneurs have:     

A passion for what they do The creativity and ability to innovate A sense of independence and self- reliance (Usually) a high level of self confidence A willingness and capability (though not necessarily capacity or preference) for taking risks

1. People (Entrepreneur /Entrepreneurial Team)

2. Opportunity (Marriage of Market and Product/Service) 3. Access to Resources (Land. Labor, Capital, Knowledge

And the fit amongst these three elements (Business Model)

What is a Franchisee? “Frantrepreneur� (fran*tre*pre*neur) n.

One possessing the desire to be a business owner -- without the desire to recreate the wheel -- by following a proven system for the benefit of personal and professional goals.

The Frantrepreneur Mentality “I’m in business for myself, but not by myself”.

“Why would I work for someone else when I can work for myself and reap the rewards of my efforts?"

“I have the opportunity to learn from the success and failure of others.”

“I want a ‘bottled’ process for success that I can use in developing my own successful business.”

"Why would I spend years and the investment required to establish a successful brand when I could buy a franchise which provides immediate access to a successful business system and a brand name which others already have made successful?"

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New Business  Develop a new product or service  Develop a similar product or service  Competitive approaches

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Existing Business  Buying a business  Franchise  Joint venture – customer or supplier

Independent

Chain

Franchises

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Hand therapy is the art and science of rehabilitation of the upper quarter of the human body. Hand therapy is a merging of occupational therapy and physical therapy theory and practice that combines comprehensive knowledge of the upper quarter, body function, and activity. Using specialized skills in assessment and treatment, hand therapists promote the goals of prevention of dysfunction, restoration of function and/or reversal of the progression of pathology in order to enhance participation in life situations for individuals with upper quarter disease or injury. (HTCC 2002) Nandgaonkar Hemant P

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Books, Journals Articles Patient education brochure Splint design Exercise equipment patent Evaluation instrument patent Trade name for the clinic, trade mark, service mark  Copyright for the course  Know how of working of the clinic  Goodwill of the hand therapy clinic  Formation of new business models       

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OT/PT

Hand Therapist

Certified Hand Therapist

CharteredÂŽ Hand Therapist

Š Nandgaonkar Hemant P Nandgaonkar Hemant P

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Chartered Hand Therapist 速 Nandgaonkar Hemant P

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Book on Hand Therapy

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Journal of Hand Therapy

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Rivet and Eyelet Deftness Test    

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Design – patent Technical know how Manual – copyright Name - trade name

Hands On Therapy Concepts®    

Trade name Trade mark Goodwill Publication Nandgaonkar Hemant P

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Activity Report 2010

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Newsletter

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Articles of memorandum

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Logo

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Name Nandgaonkar Hemant P

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Intellectual property Bhavan - Wadala Patentoffice.nic.in World Intellectual Property Organization (WIPO)

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