Issue 6 || August 2024
Join me for a sIP by Maria Boicova-Wynants

Issue 6 || August 2024

Another first Saturday of the month, so it’s time for another Join me for a sIP, and this issue will be a bit shorter than usual: I am on workation after all...

Nevertheless, I still have a lot of interesting things to share, so get your preferred drink ready and let’s begin.

So what's on today?

I will live up to my promise to give you an overview of the seminar on copycats, give you a TL:DR recap of my posts of the #IPMasteryMonth, then a bit on decision-making (you don't want to miss this one!), AI and fun facts.

ECTA's Seminar on Copycats

In the last Join me for a sIP I promised to give you an overview of a very insightful session on Copycats held on the second day of the ECTA (official) Conference in Antwerp. I usually keep my promises, so here it is:

The session was chaired by Julien Scicluna and the presenters included Femke van Horen, Birte Vanrobaeys and Stoyan Sirakov. All four were insightful, but I will highlight two of them.

  • Stoyan Sirakov in his presentation elaborated a large number of different cases where the companies were trying to fight off copycats, including Pfizer Products v. Azzahra (case for a 3D mark), Lidl v. Tesco (case of a figurative mark - the infamous yellow circle), Marks and Spenser v. Aldi (case study on designs), Karen Millen Fashions Lts. v. Dunnes Stores (case study on unregistered designs), FitSpo v. Born Winner (case study on unfair competition), Piaggio v. Peugeot (case study on patents), and even Syndicat interprofessionel de defence du forage Morbier v. Society Fromagere du Livradois (case study on PDO - C-490/19). Through all of these case, the options and challenges of defending one’s rights against copycats were highlighted.

Bottom-line: there are different ways.

Another bottom-line: successful approach calls for IP strategy in advance!

Here are the two summary slides, highlighting the challenges:

Presentation by S.Sirakov at 42nd ECTA Conference
Presentation by S.Sirakov at 42nd ECTA Conference

  • Professor Femke van Horen delved into the psychology of marketing - a topic I love - highlighting certain important effects at play in the consumer’s minds:

Presentation by F.van Horen at 42nd ECTA Conference

Then she went into an analysis of the copycat question. In particular, Prof. van Horen presented the results of a survey of both lawyers and consumers on the topic of copycats and their perception. Funnily, there is a big difference between what consumers perceive and think and what lawyers think that consumers think :))

To illustrate, lawyers are more likely to advise their clients to go after direct copycats, but in reality consumers are less interested in or better inclined to buy these direct copycats and rather prefer the distant similarity.

Also, the impact of whether AI was involved in creation of the copycat product is differently perceived by lawyers vs. by consumers.

In other words, theory and reality again mismatch big time.

We think we know how we think, but in reality our brain reactions show otherwise.

A concluding slide of Prof. van Horen’s presentation sums up the questions for further reflection.

What do you think about these questions?

Presentation by F.van Horen at 42nd ECTA Conference

A recap of my posts of the last month.

In July I went for a #IPMasteryMonth.

I kicked off the month by delving into common pitfalls for SMEs, emphasizing the need for robust IP due diligence and trade secret protection to safeguard against infringement and legal risks. Further, I touched upon the essential steps for protecting core IP assets, guarding against infringement, and navigating international enforcement challenges in a global marketplace. Here, I also discussed the value of engaging external IP consultants and advisors, as well as important caveats of educating yourself first.

Then, I moved on to discuss the importance of scaling also your IP strategy to support growth, adapting to factors like funding rounds, expansion plans, and partnerships. I highlighted the importance of agility in IP strategy, emphasizing the need for startups and SMEs to adapt quickly to market changes, technological advancements, and regulatory shifts.

After that, I addressed strategies for monetizing IP assets, including licensing, franchising, and strategic partnerships; explored the benefits of forming strategic alliances and partnerships to leverage complementary IP assets, expand market reach, and accelerate innovation in a collaborative ecosystem.

Finally, as always, I advocated for investing in ongoing IP education and training for employees, fostering a culture of awareness, expertise, and compliance within startups and SMEs, emphasizing the transformative power of knowledge, collaboration, and continuous improvement in unlocking the full potential of IP for startups and SMEs.

As I conclude this month-long dive into IP Strategy for Startups and SMEs, I would like to leave you with this:

Intellectual property is not just a legal concept—it's a strategic asset that can fuel innovation, drive growth, and secure long-term success for businesses of all sizes. It does require your attention; for in case you don’t concern yourself with IP, someone else will, and you can find yourself accused of infringement or ruined by infringers. Or you can just be leaving money on the table.

At the end of the month I have also shared two checklists - IP Alignment with Business Strategy Checklist and Investment Readiness Checklist from IP Perspective. Both checklists are taken from my book “Intellectual Property: the Key to Your Competitive Advantage”. If you are interested, you have two options:

  1. Either head to the Amazon marketplace of your choice and buy my book (where you will find among others, these and 8 other useful checklists) or
  2. Leave your e-mail and grab the two mentioned ones immediately here - https://lnkd.in/e5_b72rK and here - https://lnkd.in/eufapY7E


IP Strategy 101: without legalese and in under 100 minutes


Surprise!

Finally, yesterday I have announced another surprise - soon my Guide for SMEs and IP Professionals: “At the Crossroads: 3D Printing and Intellectual Property” will be available.

3D Printing and Intellectual Property: an e-book by Maria Boicova-Wynants


If you are interested, do subscribe to my Updates and you will be the first to know (read: the first to get it!). You can subscribe here: https://tinyurl.com/IPguide1


Decision-making: do you think you are making good decisions?

As a non-IP topic (though highly related to IP field anyway), today, I want to share with you some great resources on the topic of decision-making.

If I am talking about decisions, I simply MUST mention Cassie Kozyrkov .

Cassie used to be Chief Decision Scientist at Google. Now she heads her own company… and she created the BEST courses I have seen on decision-making especially in the context of machine learning, AI and all the shebang.

  • Her first course - Making friends with Machine Learning - available in full !!!! for free !!!! 24/7 on Youtube - here: https://youtube.com/playlist?list=PLRKtJ4IpxJpDxl0NTvNYQWKCYzHNuy2xG&si=DhiYdX9V2JfvAv1P - is 120 short lessons that will guide you through all related topics: from what is machine learning and linear regressions, through data science flowchart and hyper parameter tuning to using AI for automatic feature extraction and neural network architecture. This is really comprehensive! And the best part - it is clear and understandable! I am no tech person, nor an engineer, and still I was able to follow it. In other words, this course is absolutely worth your time.
  • Another course of Cassie is - Decision Intelligence. This one is available on LinkedIn Learning - https://www.dhirubhai.net/learning/decision-intelligence - and it explains principles for the leader's role in data, decision making in and with data, and the role of delegation and trust in data-driven decision making. It is short and it is brilliant, or better AMUSEFUL (amusing+useful - a term Cassie coined/uses herself)! And yes, of course, I have completed it.

My LinkedIn Learning Certificate

In general, Cassie is a great speaker and what I love the most about her is that she is absolutely no-nonsense and she always talks business!

Not AI for the sake of AI! No!

She always goes back to business goals!

(Same as I always go back to business goals when I talk about IP).

As a teaser to the above, I want to cite Cassie herself:

“Every time some genius decides to apply?AI?where it doesn’t belong, the world collectively rolls its eyes and puts another ballot in the AI-Is-A-Fad box. Which is why it's important to ask yourself: do you actually need AI to solve your problem? AI excels when the task is too complex for traditional programming. For example, teaching a computer to generate impressive video footage -- anyone else playing with the latest drop from Runway? -- would be nearly impossible to do by writing out explicit?instructions. So we feed the computer examples (data!) and let it learn that way instead. But for many problems - even large problems, even enterprise-scale problems - we'll get more reliable, accurate results by expressing our wishes to the machines in the?most precise way possible. So how do you select the right approach?”

If you watch her courses and the webinar I mention above, you will know the answer.

Food for Thought

Talking about AI, there was another interesting post I came across last month - from Linas Beliūnas :

Screenshot of the post by Linas

So again - the bottom line is that before you jump on the AI speed train, ask yourself some thorough questions about how AI will actually support your business decision-making… and can it?

Just because AI is trendy doesn’t mean it fits with your business model.

Always starts with the business (yes-yes, you heard me say that countless times! Also in the IP context.)


Fun fact

Now, a fun fact:

Do you know what was the first thing you could ever buy online?

Think: thirty years ago, in the far 1994?

Any guesses?

Well… According to some sources, that was… pizza!

https://lnkd.in/gHPzEZv9

And nothing less but a specific PizzaHut pizza.

That’s what I call being a “tech savvy risk taker”!

While Internet (WWW) was publicly announced on August 06, 1991, just three years later (!!!), PizzaHut already started offering its Santa Cruz (California) customers a possibility to order pizza over the Web.

Inspiring, huh?


So… a food for thought for this weekend:

What should you have done 30 (20, 10, 5…) years ago? And what maybe makes sense to try doing right NOW?


Marketing-knowledge moment

Finally, let’s talk about marketing for a moment and here again I have a sincere recommendation:

I follow many marketing people but the no-nonsense attitude of Chris James appeals to me the most (you must have noticed, that I tend to love no-nonsense people).

I haven’t worked with him.

In fact, I am not sure I want to work with any marketing expert.

But if I ever do, it will most likely be him.

Why?

Aside from the style and attitude (which appeal to me), when at one point I exchanged DMs with him, HE DIDN’T TRY TO SELL to me or pretend he is smarter than me and knows precisely where my challenges are. He didn’t ask b-shit questions and didn’t try to push me anything.

Below is one of his posts that nails the content strategy for social media.

Read it carefully.

Essentially, once you really get it - it means you are on the way to ace the marketing game.

The bottom line: follow Chris James .

One of the short but gold posts of Chris

https://www.dhirubhai.net/posts/chrisjamesonline_most-experts-get-content-strategy-wrong-activity-7217041169887744001-CH4B?utm_source=share&utm_medium=member_ios


A bit more fun, but IP and AI related

Finally, I wanted to share a fun thing - which coincidentally also related to IP and AI…

And while it is fun, provides quite an in-depth dive into the issues with creativity and copyright in the era of AI.

Enjoy “The EleonORe Song” dedicated to one and only Eleonora Rosati - the main Kat of the IPKat.

https://ipkitten.blogspot.com/2024/07/the-eleonore-song.html?m=1


My plans for August

As to my plans for August…

Sun Tzu. The Art of War. (Russian edition with commentary)

  • Next, you are in for an experimental content in my LinkedIn feed starting already with Monday. Stay tuned! You will like it.

For the rest, I will take it relatively easy I guess.

After all, this is the last month of summer. Does it mean I will not do anything? Of course not! My routine stays the same. Just a bit less new work.

In this sense, I liked the post of Dr. Benjamin DELSOL (PhD, LL.M) - yes, even during the vacation it makes sense to stick to foundational habits.

https://www.dhirubhai.net/posts/benjamindelsol_sundayofleaders-activity-7220683935247200256-umSQ?utm_source=share&utm_medium=member_ios

These are foundational habits for a reason.

Et voilà!

You reached the end of this month's Join me for a sIP.

Enjoy the rest of the summer!

And I hope to see you on 7th of September.

Thank you for reading and staying in touch! Yours, Maria



Jamie Jia Mei Soon-Kesteloot (Ph.D, LL.M, CPVA)

Building the bridge to connect R&D, Intellectual property and Business | Innovation, Technology Curation & IP Management | Business IP Strategist

3 个月

Thanks for the mention. Happy summer!

Alex Belov

AI Business Automation & Workflows | Superior Website Creation & Maintenance | Podcast

3 个月

Sounds intriguing! Can't wait to read it! ??

Brian Cronin

Patent Attorney and Course Leader at PATSKILLS

3 个月

Dear Maria, Sorry, but threre's so much transmitted on social media that I don't even have time to sIP your resumé. Like nearly everyone I talk to, I'm short of time. I've summarised this in a song "Time Ain't Money" I am hoping to present to Eurovision. Thanks nevertheless for your deserving efforts Maria.

回复
Prof. Dr. Alexander J. Wurzer

Director IP Management Training CEIPI | Chairman DIN77006 | Director Research Programms IP Business Academy

3 个月

That's really exciting, thank you ??Maria Boicova-Wynants I always think it's great how much you can stay in touch with people through social media and how much you can learn from others. I recommend reading Clauswitz after SunZu - it's much more specific and not so "flowery". But anyway, how would we have known earlier that you're planning to do SunZu in August - that's just great. Thank you for your monthly sIP.

Godwin Josh

Co-Founder of Altrosyn and DIrector at CDTECH | Inventor | Manufacturer

3 个月

It's inspiring to see you distilling a month's worth of IP wisdom into bite-sized insights for your readers. Balancing the demands of sharing expertise while staying current on rapidly evolving trends like AI must be challenging. How do you find time to recharge and maintain your own intellectual curiosity amidst such a demanding schedule?

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