What is the purpose of contracts, law, and IP?

?? Welcome to Our March Edition!

While the calendar kept us searching in vain for February 30th, we're right on schedule to greet you this March 1st with open arms and a newsletter to share a slice of thought and some reflections with you.

Innovation: we all want to do something with it, but how to tame the beast??

We’ll capture the essentials of innovation management through the lens of collaborations, intellectual property, commercial strategy, sustainability, and impact.

In this issue, we delve into the heart of matters that have not only caught our attention but stirred our thoughts over the past few weeks. First up, we reflect on the socio-political landscape of the Netherlands—a terrain that, for some, feels increasingly complicated. Maybe you see a bit of this wherever you are reading this from too? We'll touch upon how embracing simplification and championing transparency could be the lighthouses guiding us back to a sense of belonging and understanding. Innovations are not just about technology!

Then, we shift gears to a topic that marries the intricate with the innovative: Intellectual Property in our rapidly evolving digital age. Join us as we share our thoughts on these themes.

Your thoughts, as always, are not just welcomed—they're essential!        

TURNING A BLIND EYE TO PEOPLE & JUSTICE

While he was reading the non-disclosure agreement, I looked at Niels' face. I was quiet as instructed beforehand and just observed him. He began to read carefully, with great concentration. When he reached the last page, he seemed surprised and turned back for a moment. Then he looked at me with a smile on his face. I asked what he was thinking and why he was laughing. He replied, “This is the first NDA that I have read as a start-up founder and that I understand from cover to cover.” I asked him what that did to him. He thought for a moment and then he said, “Because I fully understand this contract, I am confident that I will be treated fairly and that I will not lose anything unintentionally.” Then he became quiet again for a moment. He continued and said, “It makes me feel respected, taken seriously, and welcome as a future partner to work with. And that feels really nice.”

It made me silent. Of course, we had worked very hard with our team to create this contract. The goal from the start was to create a simple NDA that all users would understand and was not written by lawyers for lawyers. But making something simpler is not easy and I did not see it coming - the positive emotion and clarity with which Niels expressed his experience! A good understanding of a contract simply leads to trust and the feeling that you are respected and welcome. When this dawned on me, I got goosebumps.?

I thought of this when I read the heartbreaking stories of victims this week in the report 'Blind for people and justice' by the Dutch Parliamentary Inquiry Committee on Fraud Policy and Services. It came out this week and in my opinion, it is full of valid conclusions and recommendations. But it also made me think: I'm missing something! The committee does talk ABOUT people, but still not WITH people. You’ll find phrases such as testing laws against the constitution, ensuring knowledge building, strengthening the watchdog function, ensuring that..., preventing..., guiding people..., introducing the right to personal contact, showing political courage, providing support, strengthening the position of…, etc. But nothing is said about testing laws with real people for which the new law is intended! Why not? Why do we make it all so complicated again? We don't just throw new medicines into the world either, do we? Then we also test whether it works as intended.

The committee ends with a cry for help that it is afraid this tragedy could happen again tomorrow. Unfortunately, that seems to be a fair observation. This report again also testifies to turning a blind eye to people and justice.

Why not turn it around? Have a conversation with the person for whom the law is intended. Instead of spreading things over those people from an ivory tower. Ask people if they understand a law or its implementation. Ask if this helps them and if it solves their problem. If a law does not pass this real-people-test, wait to implement it until it does pass the test.

Not that complicated at all, right? It can prevent an incredible amount of suffering and save costs.

-- By Mirjam

THE MORE RULES, THE LESS TRUST.

Since the last elections in the Netherlands in November, times have become even more turbulent in politics. Many people are angry, disappointed, and dropping out. There is an unprecedentedly low level of trust in the government, especially in politics.

The recent call by 80 public service providers, such as the National Police, the Tax and Customs Administration, UWV, and Rijkswaterstaat, for a radical simplification of laws and regulations, therefore, appeals to us enormously. Because the more complicated laws and regulations are, the more difficult it is for citizens and entrepreneurs to understand where they stand. The more uncertainty, the less understanding and trust arise.

The implementing agencies want the space to work based on the INTENTION of the law so that citizens and entrepreneurs are helped as well as possible. In other words, they are saying that it is not possible to implement the law as intended. A worrying observation, but unfortunately no surprise after all the misery of the failed recovery operation in Groningen, the benefits scandal at the Tax and Customs Administration, and the exponentially longer and more complex contracts that we see in our practice. That is why we think this is a more than much-needed appeal.

It's great and right that government agencies explicitly call themselves 'service providers'. After all, they provide services to citizens. They should be central. But unfortunately, citizens are often overlooked when drawing up rules and contracts. In the elaboration of the 'PURPOSE', too often, rules are written only by lawyers, for lawyers, in an incomprehensible code that they have studied for years. Often trained to exclude all risks and, above all, to want to be complete. If it turns out to work differently in practice than expected, it is often already too late. The result is personal dramas, rigid government officials who abide by the rules, and legalese instead of the human dimension. But worst of all, that dramatically diminished trust in our government.

That's why my plea is: from now on, let's only add one rule if two are thrown away first. Or as Elon Musk suggests: "you first have to leave so many things out of a product or process until it really doesn't work anymore and you have to put things back anyway. Only then you have gone far enough in removing superfluous things and going back to the essence."

Can we also teach that in our legal schools?

Every expert can add something, make something more complex, or overlook the intention. That's quite easy. The real challenge is to design rules with common sense and consideration for the end-users; the citizens! To go back to the core, the intention, and the human dimension.

That is certainly not easy, but it is possible, and then you are really a winner.

INTELLECTUAL PROPERTY IN THE AGE OF DIGITALIZATION

Recently, Prof. Dr. Alexander J. Wurzer shared a paper on Why Digitalization needs value-driven Intellectual Property written by @Beat Weibel and @Rudolf Freytag, both working at Siemens.

This is a must-read for everyone working in a high-tech digital environment, whatever the size of your company.?

The following part (as summarized) has only become more urgent in my view:

• Digitalization is a technical revolution in the exchange of information which comes at practically no cost. Therefore, it makes business ecosystems possible, like those of Amazon, Uber and Airbnb. These business ecosystems are partnerships among established companies, SME’s and start-ups.

• From the customer’s point of view, customer value is generated by the combined value added by all partners. Therefore, it is crucial to consider one’s business model as part of this ecosystem’s entire business model. Understanding your own contribution is crucial and the only way to derive to an appropriate and suitable IP protection for the business model.

• In setting up an IP protection strategy, it should also be taken into account that such ecosystems are not necessarily set up to last indefinitely.

This is exactly what I see many organizations struggling with:

They do realize that their environment is very dynamic, but do not act upon the fact that their business model should be dynamic too. Organizations need to think, strategize and act now to design their next business model;

While being part of an ecosystem, the joint value proposition of this ecosystem is what brings value to the customers. Your company’s contribution to this ecosystem is essential and not so much your individual value proposition;

Since such ecosystems will not last indefinitely, you need to keep in mind what the next ecosystem could be. And the next business model of this next ecosystem.?

Ask yourself:

????What will be my contribution to this next joint value proposition??

??What will be my position in the next eco-system/supply chain?

??How will I develop and use my IP as a business tool to strengthen my future business model?

There is only one thing for sure: change is the only constant. So be prepared and consider your next business model in your next ecosystem and/or supply chain. Design a solid IP strategy for long-term success. Don’t wait until your customers ask you to change, because probably then you are too late. Instead, be proactive; don’t wait till your current partner becomes your competitor or new competitors pop up and replace you in your current role.

As we wrap up this edition, we hope our brief explorations have ignited your curiosity and sparked conversations.?

What’s cooking on our side?

We're excited to give you a glimpse into our current projects and upcoming events where we can connect for some meaningful exchanges

?? Don’t miss out: Join our free digital webinar - March 13th, 12:00 - 13:00

Mark your calendars for an exclusive webinar on crafting partnerships for co-development. An hour of strategies and insights -? How to select your partners? How to define a joint value proposition? What are criteria for joint and individual success? - all from the comfort of your screen. Are you interested? Reach out with a direct message via LinkedIn!

?? Visual Contracts Meet-up - March 26th, 12:00 Join us for a riveting session with Lieke Beelen of Visual Contracts. We're delving deep into the creation of an Innovation Toolbox that's got us on the edge of our seats with anticipation. Your insights could be the spark we need for accelerating innovation on sustainable solutions for the market through simplified, understandable contracts for quicker outcomes and enhanced results.

?? ZIE 2024 - April 4th, Van Nelle Fabriek, Rotterdam Dive into the heart of South Holland's tech scene for a session with invaluable knowledge and networking opportunities.

?? World Commerce & Contracting Summit, EMEA - April 15th & 16th, Malaga, Spain This international summit is themed ‘Contracting for Outcomes: Uniting Process, Technology, and Skills’ - we don’t need to say more!

?? We're giving masterclasses and facilitating strategy workshops for:

• Innovative collaboration projects, guiding them in establishing policies for innovation and IP management;
• Global start-up and SME accelerators, focusing on collaboration and co-development in ecosystems, partnership building and how to negotiate intellectual property contracts.

?? We are coaching and supporting fast-growing start and scale-ups with their innovation and partnership strategies, setting up effective global collaborations and how to negotiate their business deals to support global growth.

Until next time, stay curious and connected!

Deepika & Mirjam

Ready to level up? Our innovation management consulting is all about results. Let's cut through the noise and build a strategy - for innovation, collaboration, or intellectual property - that actually works for your business. Efficiency, creativity, and success – that's the game plan. Let's chat and make innovation work for you. Your next move starts here. Get in touch with Mirjam and Deepika on Linkedin!?

Who Benefits from Our Expertise?

• Broad Spectrum: Whether you're part of a large corporation, an SME, a nimble startup, or a growing scale-up.
• Visionaries and Builders: Investors, incubators, accelerators, and those shaping the future of business.
• Knowledge Hubs: Government entities, academic institutions, and tech innovators.

Our focus areas: We dive into Innovation strategy and management, collaborations & partnering, intellectual property management, and contracts negotiations.

What we bring to the table: We offer workshops, strategy consulting, coaching, commercial advice, negotiation support, and contract simplification and visualization to empower your innovation journey.

Who do we? empower? I'm here to boost innovators, decision-makers, and leaders in their quest to transform brilliant ideas into real-world solutions and impactful results.

Why The Innovation Matrix? Learn more about our story and work here.