Posts Tagged ‘Intellectual Property’

Most people and businesses see the brand via its physical or visual manifestation (VM) as in name, logo and tag line. The power of the brand is more than the VM just as the role of IP is more than just trademarks and patents.

Fa’toomsh look at the IP and Brand issues slightly differently – yes it is governance, yes it is part of risk management, yes it is design, but in Marketing terms it has to be more.

We work with start up and existing companies – new businesses who have great ideas and need a way to create a going concern and older businesses that have concerns about the way they are going. With 8/10 companies failing within the first two years and the private sector, especially small business, being the cornerstone of employment, growth and innovation in the economy then surely the application of IP and Brand has to be seen more broadly than just from a due diligence and artistic perspective.

In Marketing, the fundamental question of “what business are you in?” has to be asked and answered correctly in order for a business to survive. As businesses strive for the break in the market, that little point of difference, they design and create unique offerings, ways of working, delivery methods, products, processes, language and culture that give them an edge. This drive for “uniqueness” and its subsequent application into the business and the marketplace provide revenue opportunities that otherwise would not exist. In Marketing that “uniqueness” forms the basis of the USP’s and Competitive Advantages of the business.

It is the “uniqueness”, or IP, that we try to patent/trademark. Logically the sole reason we do that is to “control” that uniqueness – because control gives you the power of options. And, because we strive for as much “control” and as many “options” as possible in business, we bring processes and disciplines to bear on IP such as due diligence, governance and risk management to ensure that it is a management and business priority.

The role of Fa’toomsh is to:

• Find or build uniqueness/IP – i.e. marketing edge
• Build and encourage the use of processes – i.e. governance edge
• Implement strategies to increase business success – i.e. marketing and governance

Unfortunately for Marketing, the Boardroom table has traditionally been a matter for the accountants and lawyers; as a result we mostly see IP, and now Brand, from their perspective fields. The real value of IP is from a Marketing perspective i.e. the drive for uniqueness and the processes that get you there. This is what creates the business’ revenue that accountants count, and the lawyers are paid with.

Brand is the summation of a business – the people, processes, product, USP’s and Competitive Advantages, market drivers etc. In its physical form, seen as a name, logo and tag line, – we demand it to be as “unique” as possible in order to give us another, or sometimes sadly the only, USP and/or Competitive Advantage we have over our rivals. Hence why graphics and IP are all a legitimate and fundamental part of the Marketing process.

Customers buy a product/service because it will satisfy a need. IP is a Marketing issue because it is about the control, valuation, development and protection of the “uniqueness” that is part of every customer offering.

Marketing IP is the first building block of Competitive Advantage and Business Success.

Most of us in business see the brand only via its physical or visual manifestation (VM) as in name, logo and tag line.

However the power of the brand is more than the VM, just as the role of Intellectual Property (IP) is more than just trademarks and patents.

Although IP and Brand issues are usually thought of as completely different– we should think of them as similar. Both are often design or graphic related, both have significant existing and emerging governance
issues, they are both part of risk management, but the problem lies in the Marketing function not contributing to a company’s strategic risk assessment and governance program.

In Marketing terms IP is much more than just graphics, and business success is only achieved through successful marketing (the full 4 P’s) – yet as a discipline, Marketing is often discounted in its importance or needs when compared to legals and finance i.e. when it comes to the “serious” management disciplines and governance.

We have all heard of the premise in business – that 8/10 companies fail within the first two years. We are also consistently reminded that it is the private sector, especially small business, that is the cornerstone of employment, growth and innovation in the economy. Surely then, any element that is crucial to this economic success has to be given more than a cursory glance.

Each business must strive for a break or position in the market that will deliver them revenue and profit. Aiming for that little point of difference, each will endeavour to design and create unique offerings, ways of working, delivery methods, better or new products, streamline processes, look to technology, geography, distribution, language and culture – anything that can provide an edge.

This drive for any “uniqueness”, and its subsequent application by the company into the marketplace provides revenue opportunities that otherwise would not exist. In Marketing, it is the two (2) elements of: 1. The actual process of finding and developing “uniqueness”, combined with 2. The resulting unique elements themselves, which form the basis of potentially all the USP’s and Competitive Advantages (CA) of the business.

This new “advantage” or CA is what delivers each company more money, or at the very least allows them to stay in business. It is also this same revenue generating “uniqueness or CA”, which by its very nature is a company’s IP, the same IP that we patent or trademark in order to protect and control its use (or non use).