BUSINESS LAW

-Submitted By
Sandesh Waghmare
Reg No.180102210050
MBA (OPERATIONS)
HOW IS INNOVATION AND INTELLECTUAL
PROPERTY DRIVING THE BUSINESS STRATEGIES

An organisation’s business strategy involves setting the overall direction of the

company, its goals and performance metrics, and arranging for the resources with
which to achieve that strategy. Business strategy includes marketing elements
involving the products and services specification and the positioning of those in the
market place. Business strategy also has resource specific aspects such as the
degree to which in sourcing versus outsourcing will be undertaken within the value
creating processes of the organisation. There is also, as a part of business strategy,
the structural and ownership elements of the firm, as well as the financial
strategies, such as whether to hedge currencies or not, setting debt to equity ratios
and a variety of other financial variables. It is clear that a business strategy must
successfully integrate these various aspects such that they are aligned and
synergistically take the organisation towards its desired goals. A sound business
strategy also positions the organisation well in terms of its external environment,
namely the set of external pressures and opportunities facing the firm including
market forces, government regulation, and all other significant stakeholder
relationships. Indeed business strategy can be seen as fitting the functional policy
settings together as well as fitting them collectively to the environment and its
pressures such as to develop and maximise the leverage that is possible from the
organisation’s capabilities.

Business Strategy and Innovation

Innovation need not be a major or dominant part of all firms’ business strategy. For
some firms, for example in pure commodity industries, innovation in some form of
differentiated offering or activity may not be important. The only important
strategy may be the achievement of the lowest cost of production of such
commodities. However for most organisations, innovation is indeed important,
especially if it is defined as broadly as containing the aspects of products,
processes, paradigms (business models) and positioning. Innovation strategy,
which can be considered as the plan of how the organisation will create value
through new activities in any of the four domains above, can be considered as a
subset of business strategy. However a firms’ innovation strategy is far from all of
its business strategy. Innovation strategy, as a subset of business strategy, therefore
must be guided by the firms overall business strategy. In return, an innovation
strategy can give real power to the business strategy.

Intellectual Property (IP) and Innovation

An organisation’s intellectual property can be considered as its specifically owned

knowledge assets that are not owned by any other firm or organisation. For firms
that make investments in developing new products and services, processes,
paradigms, or specific market positions that are unique, a return on these
investments is a reasonable expectation. There is risk in making these investments
and shareholders and other stakeholders will expect a return that is at least
commensurate with this risk. There are many tactics that an organisation can
employ to attempt to increase the return that it gets from investments in innovation,
such as keeping the innovative process technologies that it has developed a secret.
An example is the chemical process associated with making a pharmaceutical, or
perhaps the core code of a software package that is sold in a marketplace. Keeping
these secret provides exclusivity, reduces total supply and hence provides higher
market share and higher prices than if the information was openly published.
Another intellectual property protection strategy is to disclose in part the nature of
the knowledge asset through patenting. This is quite the opposite of keeping it
secret in the sense that one publishes enough of the information such as to describe
it comprehensively and publicly claim the ownership of that knowledge. The return
can then come from restricting the supply of goods and services that require that
knowledge to be produced and/or licensing out that knowledge or technologies or
products to others that make use of it. The central thesis of this argument is that
the essence of strategy as applied to any asset in an organisation is not only the
value of that asset on its own, but much more the value of that asset as it
contributes to the whole of the organisation which can be considered a set of
assets, both tangible and intangible. Generally this is the essence of what is meant
by strategy. A marketing strategy is typically more valuable if it is well matched to
an operations strategy than if it is not well matched, and vice versa.
Following are the Companies Example:-

1. OLA
OLA had launched their connected car platform for ridesharing called 'OLA Play'
in their "OLA Prime" segment, claiming it to be a global first and aimed at
"transforming the in-car experience for users on the go like never before". OLA
Play provides customizable experience to premium members of OLA to view
content of their choice and play music including radio while they take their ride.
The in-car entertainment system uses custom user preferences and ride
information, such as time and destination, to offer recommendations. OLA Play is
stated to be the world's first such technology and collaboration for a cab-
aggregator. The company partnered with notable companies like Qualcomm,
Mahindra and Mahindra, Apple Music, Sony LIV, Audio Compass and Fynd to
build an interactive experience for users through listening to music and watching
videos at their option, on the go. OLA Play is currently available in four cities in
India – Mumbai, Delhi, Bengaluru and Hyderabad.

Ola alone (and its licensors, where applicable) shall own all right, title and interest,
including all related intellectual property rights, in and to (i) the Site, Application,
product, Service and any suggestions, ideas, enhancement requests, feedback,
recommendations or any other offering; (ii) text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and computer
code; or (iii) other information provided by You or any other party relating to the
Site, Application or the Service. Third party trademarks may appear on this Site/
Application and all rights therein are reserved to the registered owners of those
trademarks. For use of any third party's intellectualproperty, You need to get
permission directly from the owner of the intellectual property for any use.

These User Terms do not constitute a sale and do not convey to You any rights of
ownership in or related to the Site, the Application or the Service, or any
intellectual property rights owned by Ola. You shall be solely responsible for any
violations of any laws and for any infringements of any intellectual property rights
caused by use of the Services or the Site/ Application.
2. FLIPKART
There are several reasons why IP is important to E-Commerce and e-commerce is
important to IP.  E-Commerce, more than other business systems, often
involves selling products and services that are based on IP and its licensing. 
Music, pictures, photos, software, designs, training modules, systems, etc. can all
be traded through E-Commerce, in which case, IP is the main component of value
in the transaction. IP is important because the things of value that are traded on the
Internet must be protected, using technological security systems and IP laws, or
else they can be stolen or pirated and whole businesses can be destroyed.

Also, IP is involved in making E-Commerce work. The systems that allow the
Internet to function - software, networks, designs, chips, routers and switches, the
user interface, and so on - are forms of IP and often protected by IP rights.
Trademarks are an essential part of E-Commerce business, as branding, customer
recognition and good will, essential elements of Web-based business, are protected
by trademarks and unfair competition law.

E-Commerce businesses and Internet related businesses are based on product or

patent licensing. This is because so many different technologies are required to
create a product that companies often outsource the development of some
component of products, or share technologies through licensing arrangements. If
every company had to develop and produce all technological aspects of every
product independently, development of high technology products would be
impossible. The economics of E-Commerce depends on companies working
together to share, through licensing, the opportunities and risks of business. Many
of these companies are SMEs.

Finally, E-Commerce based businesses usually hold a great deal of their value in
IP; so the valuation of your E-Commerce business will be affected by whether you
have protected your IP. Many E-Commerce companies, like other technology
companies, have patent portfolios and trademarks that enhance the value of
their business.
 3. OYO
OYO has through the investment of considerable time and money developed a
unique and distinctive system of creating a network of high quality budget
accommodation and connecting such network hotels to potential customers in a
large scale under the mark “OYO” and other associated logos, designs and brands
(“Marks”) while each Channel Partner in the network continues to be an
independent entity having an independent business which continue to provide
services to their customers under their respective and distinct brand name/ logo/
name of establishment. The system includes proprietary and distinctive techniques,
technology, training methods, operating methods, designs and decor, uniform
apparel, color schemes, furnishings, marketing materials, promotional strategies,
and customer service requirements (“Know-How”), all of which may be modified
from time to time by OYO, and which are directed towards promoting the network
Channel Partner in a manner that will enhance the goodwill associated therewith.
OYO identifies high quality budget hotels or helps existing hotels to implement
systems to enable them to transform into high quality budget accommodation.
Upon being satisfied that a hotel meets the standards prescribed by OYO, OYO
lists and promotes the hotel as “OYO”. OYO acknowledges that the Channel
Partner may, for its promotional purposes, need to highlight that it is a part of the
network of hotels to which OYO provides its services and strictly to that end, OYO
authorizes the Channel Partner to use the Marks. The Channel Partner undertakes
not to do anything to prejudice or damage the goodwill in the Marks or the
reputation of OYO. If the Channel Partner becomes aware of any infringement of
the Marks by any other party trading with Marks similar or identical to the Marks,
the Channel Partner shall immediately notify the OYO thereof in writing. Any use
of the Marks by the Channel Partner shall be deemed to be a use of the same by
OYO for the purpose of trademark protection and thus where required by OYO,
the Channel Partner shall join with or assist OYO at OYO’s cost and expense in
making or to make application to become the registered user of the Marks. The
Channel Partner agrees in order to protect the OYO’s intellectual property rights
and maintain the common identity and reputation of the network, the Channel
Partner must comply with quality specifications laid down by OYO from time to
time. Any breach by Channel Partner in respect thereof may cause irreparable harm
and injury to OYO and its intellectual property. The Channel Partner shall use all
reasonable endeavors to conceive and develop new and improved methods of
carrying out the Business and improvements in operating procedure and other
additions or modifications to the existing technology and Know-How of OYO
(hereinafter referred to as “Improvements”). The Channel Partner agrees to
disclose fully any Improvements to OYO and OYO shall determine the feasibility
and desirability of incorporating them into OYO’s existing technology and Know-
How. The Channel Partner shall transfer all rights in any such Improvement to
OYO without any additional consideration.

4. DAILYHUNT
You acknowledge, confirm and agree that all intellectual property rights in the
Content You post vests with You or You have a valid license to post, display,
reproduce, make copies, broadcast, communicate to public such Content on the
Platform. You acknowledge, confirm and agree that all intellectual property rights
in the Platform, whether registered or unregistered, including but not limited to its
software, interface, webpages, database, name and logo vest in Eterno. You shall
not claim any right in any of the aforementioned forms of intellectual property.You
own the content posed by You. Eterno owns all the rights in the Platform.

When You post content on the Platform, You grant Eterno a non-exclusive,
perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to
use, commercially exploit, copy, cache, store, publish, display, distribute, modify,
create derivative works and store such Content, including underlying works in the
content, posted by You. You agree, understand and confirm that You are liable to
pay any license fee, royalty, or any other consideration applicable to the content
posted by You. You grant Eterno a right to use the content posed by You on the
Platform. Other than as expressly set forth in this Policy, You shall not copy,
modify, publish, transmit, upload, participate in the transfer or sale of, reproduce
(except as provided in this Section), create derivative works based on, distribute,
perform, display, or in any way exploit, any of the Content, software, materials, or
Services in whole or in part.

Do not use any content posted on the Platform for unauthorized purpose. If You
remove any Content from the Platform or terminate Your use of the Platform,
Eterno may keep and use Your Content on its sole discretion and for any lawful
purpose. Eterno and its users may retain and continue to use, store, display,
broadcast, reproduce, modify, create derivative works, perform, and distribute any
of Your Content even after the date of termination of Your use. Eterno retains the
right to use content even after You remove it from the Platform.

5. BYJU’S

As required by law, such as to comply with a subpoena, or similar legal process; to

enforce applicable ToU, including investigation of potential violations thereof;
when it believes in good faith (doctrine of uberrima fides) that the disclosure is
necessary to protect its rights, protect your safety or the safety of others,
investigate fraud, address security or technical issues or respond to a government
request; with its trusted services providers who work on its behalf, do not have an
independent use of the information BYJU’S discloses to them, and have agreed to
and adhered to the rules set forth in this Policy; to protect against imminent harm
to the rights, property or safety of the Application/Website/ Think and Learn
Private Limited or its users or the public as required or permitted by law; with third
party service providers in order to personalize the
Application/Website/Services/products for a better user experience and to perform
behavioural analysis; Any portion of the Information containing personal data
relating to minors provided by you shall be deemed to be given with the consent of
the minor’s legal guardian. Such consent is deemed to be provided by your
registration with BYJU’S.