Entrepreneurship Notes
Entrepreneurship Notes
Entrepreneurship Notes
Table of Contents
1 – Introduction and finding entrepreneurship opportunities....................................................................2
How can we find entrepreneurial opportunities?................................................................................................3
Market opportunity navigator (Gruber et al., 2017): THREE PHASES....................................................................4
Step 1: Evaluate opportunity potential....................................................................................................................................5
Step 2: Evaluate opportunity challenges..................................................................................................................................6
Entrepreneurs
Entrepreneurship: the process of identifying, evaluating and exploiting business opportunities (Shane,
2012)
- Exploiting refers to mobilising resources from your investor or your own capital to make your idea a reality
- What is the difference between entrepreneurship and innovation?
- Innovation is about commercialising a novel but useful idea; entrepreneurship is not always about a new idea; it
can be conducting the same thing in a different way.
- Innovation talks about a specific product or technology, entrepreneurship includes more than this – it’s about
setting up a company and commercialising the product with a business model which inherently involves a lot
more activity
Innovation – the process of creating something new and useful
- You can be both an entrepreneur and an inventor.
- Edison was an entrepreneur, but other people commercialised the idea.
- An entrepreneur can take an existing product and apply it to a new field (i.e., gramaphone applied to record
music instead of a Dictaphone to dictate speech to).
Entrepreneurship can
- Catalyse economic growth
- Advance technology
- Redefine industries
- Create new industries
- Create new jobs
- Generate social mobility (apart from exceptions such as Amazon)
Entrepreneurs – Motivation
- Entrepreneurs care more about things like vision, independence, challenge & innovation than non-
entrepreneurs.
- Pushed entrepreneurs are people pushed to become entrepreneurs because there is no other option. The pulled
entrepreneurs become entrepreneurs because they want to become one.
- Other reasons to become an entrepreneur:
o Low opportunity cost with a small start-up
o Risk-preference
o Overconfidence
o Non-pecuniary benefits
o Option value of experimentation
- However, entrepreneurs need to focus on what they want i.e., making money at the beginning of the venture.
- Questions they need to ask themselves include:
o Where do I want to go?
What are my personal aspirations?
What kind of enterprise do I need to build?
What risks and sacrifices does such an enterprise entail?
Can I accept those risks and sacrifices?
o How do I get there?
Is the strategy well-defined? Is it supported by hypothesis-testing?
Can the strategy generate sufficient profits and growth?
Is the strategy sustainable? Do you have a scaling option?
Are my goals for growth too aggressive or conservative?
o Can I execute the strategy?
Do I have the right resources and relationships? Financial or otherwise?
How strong is the organisation? E.g. relationship with your co-founder
Can I play my role?
- They also need to be clear and focus on what their customers want.
-
Lecture 2: Finding and Evaluating Entrepreneurial Opportunities
Where do business ideas come from?
- The vast majority (around 70%) come from previous employment, followed by serendipity
How can we find entrepreneurial opportunities?
Typology of entrepreneurial opportunities:
- The needs/problems of your market/customer matched to the solutions (your product/service)
o The more tightly linked this is, the better your offering is
- The idea is to identify the need/problem and define a solution (market opportunities)
- Technology push and market pull focus on linking markets with technology
- This can be thought of in different ways depending on what you start with:
o Technology Push
When the solution or tech already exists and you start with this but you move it into a different
market/setting/product (i.e., a new technology but no set way to use it)
I.e., there is no need in the market, but this proposes an alternative
E.g., Post-it notes – the engineers tried to make an uber-sticky adhesive but ended up making
low-tech pressure-sensitive reusable adhesive and spent 5 years to figure out how to use this
adhesive as it was not as strong as they would have liked it and no one was looking at how to use
the reusable adhesive. They started with the solution and tried to find the best application for
it. (Developed a solution without a problem).
E.g., Cycle VR – used VR to find a specific application for it.
o Market Pull
Finding a specific problem that has not really been dealt with and then introducing a new
product/service.
E.g. Proteus – sensor in the medication that emits an electrical signal and is detected by a patch
on the left ribcage once the pill comes into contact with stomach acid and then information is
sent to a mobile app to record the date and time a patient took their medication. It can help in
mental health conditions such as schizophrenia or depression where people do not regularly take
their medications as this information can be seen by family/HCPs. They started with the problem
that you have a pill box but cannot track when the medication is taken i.e. there are lots of
patients who currently aren’t taking their medication properly and then found a solution for it.
E.g. Babylon Health (i.e. waiting times solved with GP @ Hand).
- Once you have an identified problem with a defined solution, this is the entrepreneurial/market opportunity and
you can get here through market pull or technology push.
o E.g. coffee cups in the workplace would be a demand pull?
FV
PV = n
(1+i)
o Reasons for time value of money existing = interest, inflation, cost of capital, deferred consumption
o Opportunity cost = value of the next best forgone alternative
All economic decisions are made in the shadow of opportunity costs, not just actual costs
- Entrepreneurship outcomes:
o Entrepreneurship is about finding, evaluating, and exploiting opportunities
o Entrepreneurship is high-risk, high-return
o You need to ask the key questions to yourself before starting entrepreneurship journey
2 – Hypotheses-driven (lean-start-up) approach, and market analysis
Agenda for today
- What is the hypothesis-driven approach?
- What are the hypotheses?
- How to test your hypotheses (and markets)?
These are all features of the lean methodology: Should this product be built? MVP which stands for “Most valuable
product”, Learn-build-measure-cycle and validating and falsifying hypotheses.
Hypothesis-Driven Approach
Model and system (from the “Lean Start-up” – Eisenmann et al, 2013) – step by step:
1. Set Vision (e.g. problem you’re trying to solve or what tech are you building on and its application?)
2. Translate vision into ‘falsifiable’ hypotheses – falsifiable means that through science you can prove that your
hypothesis is wrong (can accept/reject based on your data). Who will be your target customer? Why will they use
your product/service?
3. Design tests for hypotheses
4. Prioritise tests for the hypotheses – which hypotheses are the most important?
5. Run tests, collect factual evidence and results
6. Either confirm hypothesis & move on to other hypotheses or pivot (i.e. revise the hypotheses) and go back to
step 4
7. If product-market fit is achieved, implement, then scale and/or optimise
Who can be your target customers? – IMPORTANT TO DIFFERENTIATE BETWEEN YOUR ACTUAL USER & YOUR CUSTOMER
- Aimed at children/grandchildren buying it for grandparents (B2C approach)
- Care givers/hospitals (B2B approach)
- I.e. you can identify multiple different stakeholders and thus multiple different target customers.
NOTE: You don’t often have to do all the hypotheses, many of them are correlated and hence by testing and revising one,
you are automatically revising the others. By picking one and tackling it, you will learn about other hypotheses from it.
Focus groups
- Goals:
o Identify the key dimensions that people use to evaluate products like yours – this will help to determine
how your product stands compared to your competitors (see diagram below)
o Understand the competition (ask about other products and what aspects they consider most important)
o Develop points of parity and difference which will make up your value proposition
- How to do this:
o Consider hiring professional help
o Recruit small groups of selected users/non-users (randomly chosen)
o Describe how multiple products are similar or different
o Identify key dimensions along which participants perceive and evaluate products
Surveys
- Goal
o Get an idea of preferences of consumer groups
o figure out awareness or preferences for competitors
- How to do this:
o Draw random sample from population of target customers
o Develop informative and non-biased survey questions
o Keep it short and chase responses analyse responses
- Margin of error: I.e. with a larger sample, your margin of error decreases
o Random sample of 100 95% of surveys are right within ±10%
o Random sample of 1000 95% of surveys are right within ±3.1%
Split tests
- Goal
o To identify key product and/or marketing factors influencing user behaviour
- How to do this:
o Randomly assign new users to one of several versions of a product (i.e., existing version vs. version with a
new feature)
o Measure differences in behaviour between user groups
o Are there significant differences in behaviour between the groups and do these differences support your
hypotheses?
o Requires sizeable samples to draw statistically relevant conclusions
- Comparing a control to sequential e.g., a charity asking for donations. The control group had all the information
on one page (the credit card details etc.) whilst the sequential involved first asking how much people are willing
to donate and then the next steps came later. The latter led to 5% more donations.
Market trials
- Goal
o To collect and measure conversion funnel metrics by actually selling your product at a certain price and
to validate demand and refine product features ± marketing messages
- How to do this:
o Consider potential reputational/competitive consequences
o Select relevant subsets of target customers
o Offer product at intended sales price
o Measure consumer behaviour and analyse conversion funnel metrics
Competitor hypothesis
Hypothesis on Industry - Market Type – ask the following questions:
- What are the general trends of the industry?
- Who are the key players and potential competitors? Use a perception map.
- What are their strengths and weaknesses?
- How important is your target market to the competitors?
- What are the substitutes to your product?
- Aggregate the market values or show the expected potential market size To assess total market size of each
adjacent market based on sales, capital raised, market values
- -
- Therefore, now Apple is moving towards a subscription-based model and has created Apple music. There is some
indication that Apple may drop the download-based model of iTunes because:
o It is not making money.
o Apple Music will compete with customers from iTunes (known as self-cannibalisation)
- Spotify is now testing a new app that is just for listening to playlists – cheaper than Spotify to see who just wants
the recommended playlists rather than listening to a specific artist.
- Other examples of subscription-based music models: YouTube Red, SoundCloud, Tidal
o Can see that this is a good model – they use their own delivery truck because it’s probably cheaper
o Everything they do i.e. all their activities are consistent with delivering better quality pizza
o However, have closed down this pizza model – many issues:
Hired someone who just came directly from coding school
There were issues of undercooked dough or cheese running everywhere as the truck hit a bump
o Now focusing on tech infrastructure to make food chain smarter, improve efficiency and reduce waste.
- Well established business models can disrupt the established industries – e.g.
o Uber
o Revolut
o Skype
o Airbnb
Key take-aways
- Business model = an overarching framework that describes how a firm creates, delivers and captures value for
the customer
- Business model canvas can be understood as a tool for describing the essential parts of a business model
- Important to clearly identify jobs-to-be-done (unmet needs) & synchronise your overall activities around the
need
A menu of business models/commercialization plans
4 – Go to Market Strategy
Go-to-market and Scaling-up Strategy
- G2M plans: how to execute your business model (i.e. how you get to the market). A broad term that includes any
plan needed to get your business model implemented, including:
o Marketing plans/strategies – 4 Ps
o Intermediary business model(s) – changing your business model later on
o Product development plan
o Roadmap plans and milestones (e.g. by when you would begin production, work with beta testers etc.)
A B C
- E.g. Spotify
o Curation-centred streaming – this is their main business model based on freemium
o Curation-only streaming powered by AI? – this is a scaling option they are exploring (i.e. creating a
platform of just playlists)
Key takeaways
- Go-to-market strategy is your plans on how to implement your business model
- Scaling-up strategy is your plans on what you will do once your business model is successful
- These are relative terms, but essential parts of your business plan
5 – Entrepreneurial Financing and pitching
Sources of financing
- Internal
o Own income, savings
o Family, friends, fools (3 Fs)
o Cash flows – cash flow generated through your business and invest it back in your company
- External
o Equity (angel investors, VC funding)
o Incubators & accelerators
o Crowdfunding
o Government
o Bank loans
Venture Capital
- VCs are intermediaries providing advice and money in the exchange of equity and fees.
- Equity is invested in multiple rounds (These are relative terms as it depends on when you get the investment: pre-
seed, seed, series A, series B, …)
o Seed:
To fine-tune business model & develop idea further
E.g. initial market testing, hiring instrumental team members, develop prototypes & beta-testing
Investors are rewarded with convertible notes (option to convert debt into equity), equity, or a
preferred stock option (why preferred? First to be paid if the company goes bankrupt).
Angels, early-stage VCs, start-up accelerators
£250k - £1.5M
o A:
Once you are successful, achieve all the milestones you set up and are ready to go into the next
round of investment (i.e. A)
Expected to grow FAST so need to have clear evidence of product-market fit and/or revenue
growth
VCs, “super” angels
Normally receive equity (Series A preferred shares)
Increased prestige
£1.5M - £5M
o B, C+:
Grow RAPIDLY
Large investments as explosive hires, expand into different market segments (scaling up),
experiment with different revenue streams, or M&As
VCs, late-stage VCs
- Each round consists of multiple trenches (based on achievements)
o E.g. invest 10m into trench A (2m), B (5m) and C (3m) – given on milestones of what you achieve
- VCs almost always require a board seat to confer decision powers – you need to follow their advice
- Deal structures vary widely and often concealed
VC investment cycle
- Investors get investment money from elsewhere: investment banks, pension funds, individuals invests into a
VC fund this funds a start-up. Once the start-up reaches $1bn it is known as a unicorn. This investment can
redistributed in other ways e.g. as cash or shares (back to investors).
- The cycle you can see below shows how VCs collect income:
o Keeps 20% of carried interest and earnings
o Take 2% in management fees per year
Angel Investors
- Individuals NOT COMPANIES – usually the FIRST investor, invest before VCs
- Wealthy private investors (often experienced, serial entrepreneurs) that look for return, fun, and an opportunity
to help other entrepreneurs (usually want hands-on involvement).
- Often specialised in a few sectors and can invest between £10k-500k (angel syndicates may do more)
- Tend to rely on networks to spot opportunities
- UK list: www.ukbusinessangelsassociation.org.uk
- Expectations:
o Financial return c. 30-35% p/a
o Specialised sectors (will only invest if there is a ‘click’ with the entrepreneur, e.g. restaurant owner will
invest in restaurant entreprenuers as they will know what is a good idea and can help someone find the
right people and make the right investment)
o Invest in an early stage (more than VC), so will take a higher risk (hence require a higher return on their
investment)
o Consider themselves as part of the entrepreneurial team (i.e. become part of the founding team) but
they may be bad because they can then make decisions to fire you if you don’t learn quick enough!
Provide guidance to founders
o Do NOT go for the biggest money (go for what you need) because you may not succeed in reaching the
tranches the investor sets and so you are more likely to get fired.
How VCs/Angels exit? i.e. how do we become bigger, how VCs make most of their money
- Initial Public Offering (IPO)
o Listing invested firms to publicly-traded stock market – market valuation will dramatically increase.
o Ideal, but not prevalent (<5%) because need to consider many factors to determine your valuation e.g.
market conditions, macro-economic environment.
- Trade sale
o Sale of a firm’s equity in its early stages to other financial investors
o I.e. being acquired by another company
- Bankruptcy / Liquidation: Selling every asset you have. “Nobody makes real money until the exit”
Crowdfunding
- Funding a project by raising contributions from a large number of people
- NOT going for financial investment from wealthy person or intermediary, it is from the public!
o Crowdfunding is a way of raising money to finance projects and businesses. It enables fundraisers
to collect money from a large number of people via online platforms.
o Crowdfunding is most often used by startup companies or growing businesses as a way of accessing
alternative funds. It is an innovative way of sourcing funding for new projects, businesses or ideas.
o It can also be a way of cultivating a community around your offering. By using the power of the online
community, you can also gain useful market insights and access to new customers.
- Range of platforms – e.g. Kickstarter, Indiegogo, Funding Circle, Crowd Cube
- Diverse categories – art, comics, dance, design, film, food, games, music, theatre etc.
- Types:
o Donation-based – e.g. Kickstarter INTANGIBLE rewards (i.e. “Thanks” given)
Individuals donate small amounts to meet the larger funding aim of a specific charitable project
while receiving no financial or material return – e.g., token, prestige, thank you card.
E.g., pledge £25 or more = Bellingcat laptop stickers; pledge £30 or more = Bellingcat mug;
pledge £40 or more = Bellingcat t-shirt
o Reward-based – e.g. Kickstarter TANGIBLE rewards (e.g. product such as a mug, first chance to try the
product)
Individuals donate to a project or business with expectations of receiving in return a non-
financial reward, such as goods or services, at a later stage in exchange of their contribution.
On top of intangible benefits
E.g., donate $XXX and win type-c hub
o Credit-based (or P2P, peer to peer) lending – e.g. Funding Circle
The crowd lends money to a company with the understanding that the money will be repaid with
interest. It is very similar to traditional borrowing from a bank, except that you borrow from lots
of investors.
o Equity-based (or convertible notes) – e.g. Crowd Cube ordinary shares given
Sale of a stake in a business to a number of investors in return for investment. The idea is similar
to how common stock is bought or sold on a stock exchange, or to a venture capital.
Many think crowdfunding is the best choice as don’t deal with asshole investors with Angel/VC investment
nor you cannot be kicked off as CEO. Also good if product is technologically simple and needs public
endorsement.
Government support
- Varies widely across countries & regions
- Some common types
o Research grants – Imperial spin-off idea is that a research paper based on the research done at Imperial
o Co-investment with private investment partners
o Loan guarantees
o Fiscal measures (Grants, subsidies, tax breaks)
o Incubation structures
6 – Social Entrepreneurship
Today’s agenda
- What is social entrepreneurship?
- How do social entrepreneurs differ from other entrepreneurs?
- Guest lecturer: Alexandros Angelopoulos (Co-founder & Director, Elpis Solar)
- Social entrepreneurship is RELATIVELY new so there may be some variance in the definition.
- Social entrepreneurship is the hybrid between traditional charity and traditional business.
- It is someone who tries to combine social value with financial value (i.e. profit).
o These are usually seen as conflicting
o By combining social and financial value, there may be difficulties in determining the primary goal in what
are we actually trying to maximise/optimise.
- There are different versions/layers depending on how much you focus on the financial goal or social goal.
o But, even the least financially orientated companies are aiming to make at least >75% market revenue.
- Need to be clear on the definition:
o If 30% of your total revenue comes from profit (your core business revenue stream) and the rest from
charitable funding (e.g. grants, donations) charity/NGO
o If ~100% of your total revenue comes from profit (your core business) traditional business
o The bottom line is that in social entrepreneurship, more than 75% of your revenue should come from
your core business model.
- In social enterprise: your profit is reinvested into your social charitable aspect.
- In traditional business: your profit is reinvested into the core business functions.
- Thus, it is clear that the stakeholders/investors into the different enterprise types will vary.
- They reinvest 100% of their profits to social entrepreneurship (100% of profit into achieving the goal of zero
waste e.g., Research and Development into creating new truly sustainable products out of waste and super
sustainable materials or Producing more stock of our existing products to keep up with increase in demand
7 – Protection
Agenda for today
How to protect your idea (3 methods)
- Intellectual Property (IP) Rights
o Patents, trademarks, copyrights, design rights, trade secret
- Non-IP related strategies
- Open-source strategy – you do not intentionally seek IP protection; you will share your product with other
companies for commercial purposes (e.g. Tesla)
Protection
Everything you put in place to prevent others from exploiting your ideas commercially.
How?
- Legal – Intellectual property (IP) rights
o Patents – exclusive rights to use and sell an invention
o Trademarks – e.g. Starbucks, sensory expression e.g. sign, design and expression that are tied into the
identity of the specific company/brand; makes it distinctive
o Design rights – e.g. Crocs, Apple design interface (containing the aesthetic and functional value)
o Copyright – e.g. painting, photograph, choreography, structure (original, creative literary, dramatic,
artistic and other works e.g. ballet, dance).
o Trade secret – e.g. Coca Cola formula is unknown
- Non-IP protection strategies (can consider alongside IP strategies or beyond this)
o Complexity & “tacit” knowledge
o Speed to market / first-mover advantage
o Reducing an incentive to imitate
Different types of IP
Why is IP important?
- Ideas and knowledge are becoming more important than ever
o 80% of the market value of S&P 500 firms comes from ‘intangible assets’ – Ocean Tomo
- Provides a (temporal) monopoly to a creator
o Facilitates the ex-ante incentive to create technology to creators
o Motivates competitors to develop the technology further
- I.e. with IP, more innovative technologies are being developed in order to capture greater market value
Patent
- A right to exclude others from making, using, and selling a product or a process based on the invention.
- IMPORTANT: The invention/innovation should be novel from the perspective of a person skilled in the relevant
areas/experts
o If you get a new way to get the similar effect with the patented innovation, you cannot patent it
o If someone in the area can easily imagine it, then it is not patented
- Typically lasts for 20 years (‘the term of a patent’)
- Territorial, application-based: need to fill in the application for a patent, need separate applications for different
countries.
o WIPO: World Intellectual Property Organisation – one of the specialised agencies of the UN which
provides the Patent Cooperation Treaty. This provides a common procedure for filing patent applications
across its contracting member countries.
o If you filed a patent in any PCT-country, you have 12 months to file applications in other PCT-countries.
But, need to pay translation and attorney fees.
- Application granted based on the originality of the ideas
o Application document needs to cite previous granted patents whose technology is similar or incorporated
into the focal idea – This is reviewed by ‘Examiners’ to ensure you are not missing anything
- Once granted, patent discloses ALL the details of your idea/technology to the public (e.g. how to make it so
other specialised people can make it)
- Can be challenged at any time until it expires – so can actually backfire in a start-up company.
- Costs between £2,000-£6,000 for a single application.
ANY BIG TECH GIANT ACTIVELY USES A PATENT – Acts as a reference market for patents
Not to be a patent:
- Discoveries, scientific theories, mathematical methods
- Schemas, rules, and methods for performing mental acts, playing games or conducting business (e.g.
management or teaching methods)
o Not directly related to industry application
- Presentation of information ( copyright)
- Inventions that likely encourage offensive, immoral or anti-social behaviour (needs to be ethically acceptable)
Even if no one has come up with the invention, if someone in the area can easily imagine it, then it is not a
patent.
Purely artistic ones cannot be patented (e.g. movie, choreography) as it is not capable of industry
application
Copyright
- Protects original literary, dramatic, artistic, and other works.
o Software (e.g., games), photographs, manuals, broadcasts, recordings, and public performance.
- Protect only original expression of ideas (typically recorded); not ideas themselves.
o E.g. two different films based on the same ideas but expressed in substantially different ways then it is
not a breach of copyright.
o Rule of “the substantial similarity” – An ordinary person would conclude the amounts of copy of
expression (not an expert).
o However, names or titles CANNOT be copyrighted as they may be duplicated coincidentally.
- Arises automatically – Need not be asserted or declared.
o Thus, is free and will apply regardless of a copyright notice or not.
o The © symbol is optional
- Usage is allowed for private, research or educational purposes, criticism, news reporting, parody, and helping
‘disabled’ people.
- Need good records of creation date and author
o Otherwise there can be some discrepancies on when something was created or written.
o Use © symbol to get a better legal protection during infringement suits (as signifies a clear commitment
to protection, can also deter infringement)
o “Poor man’s copyright”: You may post the work to yourself, a bank or solicitor by special delivery post
using the postmark to establish the date
You must NOT open the envelope until the moment you are required to prove your authorship
Yet still with limited effectiveness (esp. in the US)
o Otherwise, register your copyright
- Duration of protection
o Author’s life +50 ~ 100 years (I.e. lasts longer than the patent)
o 50 years after its creation (for performances or music)
Copyright vs patent:
- Expression vs effect
- Ordinary person vs industry experts
- No need to declare vs examiner & legal process
Under these circumstances, you can use someone else’s creation without getting permission
Trademark
- A protection of the distinctive sign (sensory image)
o Enables customers to identify and distinguish goods or services of a firm from those of others
- Must not conflict with existing registrations for similar goods or services
o E.g. EA and Energy Armor – EA filled a lawsuit in 2011 which resolved by negotiation
- Must be applied and registered in different countries
- Duration of protection – Indefinite, yet subject to renewal at 10-year intervals
- Different type of trademarks:
o House mark: About the parent company e.g. Toyota
o Product mark: About the brand e.g. Lexus
o Quality marks e.g. Soil Association Organic Standard
o Shape/packaging of products
o Sound-based trademarks e.g. potato sound for Harley Davidson motorcycles
E.g. the company ICI have a house mark but a product mark on Dulux
Trade secret
An idea is the best protected as long as it remains secret (i.e. keeping it to yourself)
- Formula, practice, process, design, instrument, pattern, commercial method, or compilation of information
- Not generally known or reasonably ascertainable by others, by which a business can obtain an economic
advantage over competitors or customers
- Devices to protect secrecy:
o Confidentiality agreement for employees
o Non-Disclosure Agreements (NDAs) with manufacturers or investors
o Lock your cabinets or passwords on computers (better electronic protection)
o Accompany office visitors
“Under the right circumstances, though, a party that believes it owns a valuable recipe can use copyright law or trade
secret law to protect it. Which one of these protections it should rely on will depend on how the recipe will be
monetized. For example, a celebrity chef can publish a cookbook with his or her recipes and profit from the book
sales. Of course, this will require the chef to reveal the “secret” recipe to the world at-large. Alternatively, a
restaurant that believes it has a truly “secret” recipe for a popular dish that gives it a competitive advantage can use
trade secret protection to prevent its employees from stealing the recipe and using it in competition.”
Design rights
- Protects appearance of products (aesthetic value)
o Shape, colour, texture materials, ornamentation etc. or a combination of pattern and colour
o Designs must be “new and of individual character”
o Can be a part or the whole design
- Arises automatically; no need for declaration
o Yet, when registered, protected longer and stronger (esp. during the lawsuits)
- In Europe and US, application can be filed within a year after first marketed
- Protects an invention that offers a new technical solution to a problem BUT does NOT protect the technical or
functional features of the product
- Excluded from protection
o Methods or principles of construction
o Features without any design element
- Duration of protection
o Minimum: 10 yrs. from date of first sale or 15 yrs. from the date of creation
o 25 years from date of application
Need to renew every 5 years (before its expiration after 25 years)
- Example of lawsuit: Dyson suing Vax over vacuum design
I.e. there is no perfect protection for a company in every market/every country so need to ensure good
execution. Take different approaches depending on your idea, be ready to keep moving forward and be
careful about claiming the possibility of IP rights.
Cons:
- Costs for applying and defending can be substantial
o Litigations last about 2 years and costs ~$3 million (£2.4m)
- May not earn anything from licensing
o Only 2% of patents are valuable
- May provide a ground for the other creations
- May slow down the growth of new market
- Requires lots of resources to reach required speed, before resource-rich incumbents can imitate you.
o So again, not the best strategy for start-up
Summaries
Switching Costs:
Switching costs fall into three broad categories:
Redundant Relationship-Specific Investments. Because their old and new vendors may have
different requirements, customers who change suppliers sometimes must invest in new
software/hardware or repeat certain activities they have already completed. For example, to switch
online stockbrokers, users incur the hassle of transferring funds and securities. For that reason
among others, customer retention rates for online stockbrokers have been high.
Disruption Risks. When businesses outsource “mission critical” activities, changing vendors may
involve considerable risk. For example, some companies reduce their need for IT staff and
infrastructure by relying on cloud computing services. Switching from one cloud service to another
exposes a company to significant risk if customer records are lost or corrupted during the transfer.
Contractual Penalties. Companies can impose penalties on customers if they end a contractual
relationship prematurely. For example, mobile phone carriers often charge an early termination fee
to customers who have signed multi-year contracts. In some cases, these contractual penalties
significantly exceed the true costs incurred by a firm due to customer attrition.
When its current customers confront high switching costs, a firm is well positioned to capture a portion of
the value it creates. Specifically, by raising its price just below the point where current customers are
indifferent between staying with a firm’s product and switching to a rival’s, a firm should be able to earn
above-normal profits equal to the sum of the switching costs confronting its customers (“above normal”
implies profits in excess of a competitive return on capital; see the technical appendix below for analysis of
the impact of switching costs on pricing and profitability).
Switching costs are important in securing a first mover’s position. In their absence, an entrant that offers a
superior product or a deep discount might quickly usurp the market lead.