...Strategic Management Case study C: GSK, a merger too far? Answer 1: 1. By using Five Force Framework, assess the threat of rivalry and threat of entry in the pharmaceutical industry: Threats of rivalry. When we talk about threats of rivalry we should mention not only the rivalry at the industry but also at the product market level. Industry level The pharmaceutical industry has become increasingly concentrated during last 20 years. Guided by absence of proper R&D facilities, gradual expiry of patents and other reasons, there has been a number of mergers and acquisitions in the industry within last 20 years. This trend is currently shaping the internal rivalry among companies. The major reasons for that are opportunistic financial operations and the creation of synergy. It is worth mentioning that some companies would prefer to merge than to experience hostile takeover. Product market level: The two-tier structure has to be taken into account: patented original brands vs. generics. Original compete mostly on non-price benefits, especially as long as they are patent protected, whereas generic drug are generally driven by price competition. The threats of entry. The threats of entry into the pharmaceutical industry are extremely high. Still, it is considered to be very attractive for the new comers. As an evidence for that, 21 pharmaceuticals are featured in the Fortune 500 companies in return on sales. The pharmaceutical industry has big barriers to prevent new comers from...
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...A “Calibrated Approach”: Pharmaceutical FDI and the Evolution of Indian Patent Law Web version: August 2007 Authors: Katherine Connor Linton and Nicholas Corrado1 Abstract India has charted its own intellectual property (IP) path over the last 35 years, attempting to foster the growth of a domestic pharmaceutical industry and access to medicine while, more recently, also addressing the requirements of the international IP regime. Multinational companies (MNCs) have responded to India’s movement towards compliance with the W TO intellectual property agreement, TRIPS, by increasing the quantity and quality of foreign direct investment (FDI) in the areas of pharmaceutical research and development (R&D) and manufacturing. By contrast, MNCs have adopted a more cautious attitude toward the patenting and commercialization of new pharmaceutical products in India, waiting to see how Indian courts and patent offices interpret the new laws, and awaiting the enactment of longdebated data protection legislation. The ultimate success of the Indian “calibrated approach” to fostering the domestic industry and access to medicine while also addressing international IP requirements remains to be seen. 1 Katherine Connor Linton (katherine.linton@usitc.gov) is the International Trade Analyst for Intellectual Property and Nicholas Corrado was a law student intern in the Office of Industries of the U.S. International Trade Commission (USITC). The views expressed are those of Ms. Linton and...
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...Aesthetics (also spelled æsthetics or esthetics) is a branch of philosophy dealing with the nature of beauty, art, and taste, and with the creation and appreciation of beauty.[1] It is more scientifically defined as the study of sensory or sensori-emotional values, sometimes called judgments of sentiment and taste.[2] More broadly, scholars in the field define aesthetics as "critical reflection on art, culture and nature."[3][4] Subject matter, in general, is anything which can be content for some theory. Subject matter may refer to: * Patentable subject matter (or statutory subject matter), defining whether patent protection is available * subject-matter jurisdiction, determining the kinds of claims or disputes over which a court has jurisdiction * Subject-matter expert, an expert in a particular area * Subject matter expert Turing test, a variation of the Turing test where a computer system attempts to replicate an expert in a given field PHYSICALLY. it has something to do with man's need for personal expression. As to how it benefits him physically SPIRITUALLY. the arts seek to promote spiritual growth by ... to God, to "result in advantage to man," "ensure his progress and elevate his rank. ... On a social plane, to promote social well-being SOCIALLY. it helps an age define itself. . the need of beauty and expression and communication keeps us looking future ward. it was religious, and that expresses the spiritual side of an age. DIFFERENCE. Manmade...
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...INTELLECTUAL PROPERTY(IP)-This refers to the creations of mind: invetions, literary and artistic works and symbols, names, images and designs used in commerce and trade. IP is divided into two categories- 1-Industrial Property-which includes inventions (Patents, Trademarks, Industrial Designs and Geographical Indications of source) 2-Copyright-which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures and architectural designs. WHAT ARE IPR’s? Intellectual Property Rights are the rights given to people over the creations of their minds. With rights in hand, through the exploitation of IP, the individuals or the business organizations earn profits either through manufacturing or licensing and which is a reward for their innovative efforts. It also acts as a stimulus to R&D efforts. NEED FOR IPR’S: Michael Porter in his work on “Competitive Advantage” stated that differentiation is a key to business competitiveness. This can achieved through product, experience, technology or way the things are performed and exhibited to satisfy the customers. However, all this amounts to the knowledge which, in today’s highly dynamic and competitive business environment is the key source of competitive strength to the organizations. The need of IPR can be felt because any invention is the intellectual catpital of a firm or an individual which needs to be captured, preserved...
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...1. Explain what happened to the Gore-Tex Brand after the patent expired. What activities can firms use to try to maintain any advantage developed during the patent protection phase? Once the main patent on the Gore-Tex fabric expired, the company lost all rights to its invention, and it opened the door for other companies to offer comparative products at a lower price. Many companies make waterproof membranes now, and some have advanced past Gore-Tex in terms of durability and function. Gore no longer has the ability to protect the make-up of The Gore-Tex brand so competitors have flooded their once exclusive market with “generic” versions (knock-offs). These competitors are many and diverse so there is no single company that competes with them in every area. To maintain the advantage of having a superior product, companies can also ensure their packaging and labeling is kept to strict standards that identify them in an unmistakable fashion. Gore-Tex labels all products that carry its brand name with exclusive hangtags so there is no doubt they are Gore-Tex Brand waterproof membrane. Most boots with Gore-Tex have highly visible labels sewn in. Firms with expired patents can develop new ones, and diversify operations to support their existing products and markets. Gore did this by establishing of venture partnerships in Japan, opening European divisions, and developing next generation materials in medicine and science. They have also divided their products into...
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...NAME: Arthur Sicard PERSONAL DATA: Arthur Sicard was born in Saint-Léonard-de-Port-Maurice, Quebec on December 17, 1876. He died on September 13, 1946 at the age of 70. Canadian inventor, Arthur Sicard invented the snow blower in 1925. CLAIM TO FAME: Business Venture – Sicard Industries The invention consisted of three sections; a four-wheel drive truck chassis and truck motor, the snow scooping section, and the snow blower with two adjustable chutes and separate motor. The snowblower allowed the driver to clear and throw snow over 90 feet away from the truck or directly into the back of the truck and it worked on hard, soft or packed snow. SCOPE: Arthur Sicard is the inventor of Sicard Industries. He had created the snow blower to clear snow from drive ways, sidewalks, etc . SOCIETAL BENEFIT: This invention has helped the well being of many old aged people, people who are always on the go, and is a fast way to clear up snow, help to many citizens of Canada or the United states. RISK TAKEN: Risk taken of this invention is that every year 5740 snow blower-related injuries occurred such as the snow blower blowing up and being over pressured. MOTIVATING FACTORS: Motivating factors is that this venture is all Electric models that produce no emissions at the point of...
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...scale/Ton |US |EU |Canada |Japan |Total | |1982 |220 |30 |100 |5 |370 | |1986 |5100 |430 |120 |40 |5730 | * NutraSweet had a capability of 5,000 tons. (Not including capability from Japanese JV) Competition: NutraSweet (NS) was patent owner of aspartame and market leader of aspartame in US since 1970. NutraSweet monopolized aspartame market in US, European and Canadian in 1986 before HSC entered aspartame market in Europe. NS’s patent protection in Europe would expire in 1987 and 1992 in U.S. (2) Strategy of Holland Sweetener Company (HSC) Vermijs had his expectation based on its own strategy and situation NS faced. HSC had an improve aspartame products with lower produce cost and better performance of stability (supposed it was true.) HSC established Japanese JV to provide cost advantage. HSC started at Europe and Canada, which were not totally monopolized by NS. Also these markets had rigid competitive control to avoid monopoly under competition law. Therefore, Vermijs expected NS would compete price with HSC. -2. Specifically, how should Vermijs assess the relative likelihood of the two scenarios— price war and normal competition—he has in mind? (1) Advantage of NutraSweet from value chain | |NS |HSC | |R&D |Hold the patents |Follower | | |Keep innovation and R&D |Less innovation power | |Sourcing |Strong facility investment in US |JV in Japan | | |Enter global market | | | |Outsource in Japan and enter Japan market | | | |M&A by Monsanto...
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...PART III.Enactment of Technology Strategy 1. R&D Management CRITERIA FOR SUCCESSFUL PRODUCT DEVELOPMENT PROCESS - Product quality and function: Meet customer needs? Reliable? Robust?..... - Product cost: What is the cost of production? (Material, investment…) - Development time: How fast was the product developed? (considering the unique characteristics of product and industry?) - Development cost: How much did the firm spent to develop this product? - Development capability: Did the firm improve its capability to design better products in the future? Product Platform Strategies Benefits: Simplify product strategies, enables management concentrate on the key decisions Rapid and consistent product development Increases operational efficiencies significantly Helps the management anticipate need for platform changes For Market Pull Products: Product Development Process PRODUCT PLANNING 1. Identify opportunity (product ideas) 2. Evaluate& prioritize the opportunities considering 3. Allocate resources 4. Plan activities CONCEPT DEVELOPMENT Identify Customer Needs: Collect data, Evaluate interpret data Establish Specification: Link metrics to needs Create alternative concept Perform feasibility analysis Build and test prototypes Select the concept Decide trade-offs Decide the final specification QUALITY FUNCTION DEPLOYMENT (QFD) A structured process to identify and carry the needs and desires of customer through each stage of product and service...
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...Drug patents The role of the patent system in promoting pharmaceutical innovation is widely seen as a tremendous success story. This view overlooks a serious shortcoming in the drug patent system: the standards by which drugs are deemed unpatentable under the novelty and non-obviousness requirement bear little relationship to the social value of those drugs or the need for a patent to motivate their development. If the idea for a drug is not novel or is obvious, perhaps because it was disclosed in an earlier publication or made to look obvious by recent scientific advances, then it cannot be patented. Yet the mere idea for a drug alone is generally of little value to the public. Without clinical trials proving the drug's safety and efficacy, a prerequisite for FDA approval and acceptance by the medical community, it is unlikely to benefit the public. Given the immense investment needed to fund clinical trials on drugs, and the ability of generic manufacturers to rely on those tests to secure regulatory approval for their own products, pharmaceutical companies are rarely willing to develop a drug without patent protection. The novelty and non-obviousness requirements make no concession for the development costs of inventions, and thus withhold patents from drugs that are unlikely to reach the public without that protection. This gap in the patent system for drugs has created a pervasive problem in the pharmaceutical industry, causing firms to regularly screen through their drugs...
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...SECTION 10.3 Successor and Assigns. This Agreement shall be binding upon and shall inure to the benefit of, and be enforceable by, the permitted successors and assignees of the parties hereto. Each of the Partnership and MSG may assign this Agreement (in whole or in part) only upon full compliance with this Section and with the prior written consent (which consent may not be unreasonably withheld) of the other party hereto. Notwithstanding the foregoing: (a) MSG shall have the unrestricted right to assign this Agreement (in whole or in part) to any affiliate entity which is controlled by its ultimate parent corporation, Gult+Western, Inc., without the consent of the Partnership and (b) the Partnership shall have the unrestricted right to assign this Agreement (in whole or in part) in connection with (i) a transfer of the Partner’s interest to any member of the Steinbrenner family or (ii) the conversion of the Partnership to a corporation or (iii) the sale, exchange or transfer of a limited partners or, after such conversion, shares or shareholders, as relevant. To be effective, any assignment made hereunder must (whether or not consent is required hereunder) meet each of the following requirements: (i) Such assignment must be made upon and be subject to all the terms and conditions of this Agreement; (ii) The assignee must assume by written recordable instrument all of the obligations of the assignor under this Agreement; (iii) An executed original counterpart...
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...Dr. Bath came from a poverty stricken and predominately black community. She came from Harlem, NY where there weren't any high schools and African Americans were excluded from most medical schools. Dr. Bath refused to let these obstacles stand in her way. She went to medical school in the early 1960's and persevered against the sexism and racism to graduate and become an ophthalmologist, surgeon, and patients' rights activist. Dr. Bath was the first African American female surgeon at the UCLA Medical Center. She co-founded the American Institute for the Prevention of Blindness. In the early 1980's she received a patent for a medical invention making her the first African American female doctor to do so. She invented the Laserphaco Probe for removing cataracts. By the late 1980's Dr. Bath had received four patents from the United States and many international patents for all innovations related to the Laserphaco. Dr. Bath was determined to prove that the color of your skin and your gender do not determine what a person can accomplish. Dr. Bath continues to give her time to preventing and treating blindness, advocating telemedicine, and directing the American Institute for the Prevention of Blindness. No matter whom you are, how you look, or what your beliefs are; if you set...
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...RIM vs Glenayre Technologies, Inc. This claim, a response to an earlier suit brought forth by Glenayre, insisted that Glenayre blatantly imitated BlackBerry technology and marketing. Later in 2001, Glenayre's initial 1999 patent suit against RIM was dismissed. In early 2002 RIM and Glenayre agreed to drop their remaining lawsuits and work together to develop a wireless e-mail device that would incorporate Glenayre's messaging software. During this same time, RIM also obtained a U.S. patent called the BlackBerry Single Mailbox Integration patent, which covered technology that gave users the ability to have a single e-mail address on both wireless and desktop systems (http://www.answers.com/topic/research-in-motion-ltd-usa). The patent applied to the system and method that RIM pioneered for redirecting information between a host computer system and a mobile communications device. Another instance in which RIM was forced to protect its Intellectual Property is RIM vs. Handspring (makers of the Palm Treo). On September 16, 2002, Research in Motion was awarded a patent pertaining to keyboard design on hand-held e-mail devices. Upon receiving the patent, it proceeded to sue Handspring over its Treo device. Handspring eventually agreed to license RIM's patent and avoid further litigation in November of the same year. In recent matters, Research in Motion...
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...pharmaceutical compounds. The required research and development efforts preceding the launch of a successful blockbuster drug is extensive and lengthy process and is therefore a very expensive one. Nevertheless, Merck has proven perfectly capable to achieve high returns on capital. This is a result of numerous factors. First of all, Merck has been able to generate tremendous amounts of sales. Since 1995, Merck has launched 15 new products, resulting in 1999 sales of $32.7 billion, which includes $15.2 billion in pharmaceutical benefit management services (PBM) sales. Some products were developed through joint ventures, allowing for a division of costs but also future revenues. Furthermore, these new products are protected by law under patents, which give Merck the exclusive rights to the production and sales. Since Merck is then the only manufacturer of a substance,...
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...TABLE OF CONTENTS EUNTERPRENURESHIP 1 TABLE OF CONTENTS 2 INTRODUCTION 3 HIGH ENERGY ICE CREAM 3 REASON 3 INGREDIENTS 3 Caffeine 3 Taurine 4 B Vitamins 4 Sugars 4 PAKAGING 4 FLAVOURS 4 LOCATION 4 MARKETING 5 BUDGET 6 PATENT PROCEDURE 7 PATENT 7 PATENTING SYSTEM 7 RIGHTS OF A PATENT OWNER 7 INVENTIONS SHOULD BE PATENTED 8 INTRODUCTION The history of ice cream dates back to before the days of modern refrigeration. However, it was a luxury item because making ice cream was quite laborious before modern freezing technology. HIGH ENERGY ICE CREAM We have developed a tasty, high-energy, ice cream. The ice cream will be having high content of protein, carbohydrates and fat, supply the daily diet requirements of weakened persons. REASON We have planned to make an energy ice cream which will have the same effects of an energy drink but in the form of ice cream. We chose this medium for the purpose as no one else has produced it before and because ice cream is the most consumed and most wanted commodity as compared to all other eatables. Ice cream is popular among children as well as elders. So in this case as an energy item it will be most desirable, it will not only satisfy the need of an ice cream but also an energy source for the elders. It will be designed with the target market of people off all ages, as ice cream is most wanted among all and also there is no restriction of age for the energy products a well....
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...uipment, a patent for his process, and efficient management. To cope with these needs and increasing demands for his service, in 1920 Halliburton organized the Halliburton Oil Well Cementing Company. One year later, 17 trucks carried his crews and equipment to drilling sites in Louisiana, Arkansas, and other oil-rich areas from a base in Wilson, Oklahoma, as well as from the new company headquarters in Duncan, Oklahoma. Part of this growing reputation came from uncompromisingly reliable service, which was enhanced by new equipment invented by Halliburton to meet the needs of each project. One creation that revolutionized the oil industry was the jet mixer, a mechanized mixer that did away with hand-mixing of the minimum 250 bags of cement and water slurry needed for each well. Because it could control the proportions of cement and water, it eliminated wasted slurry that would harden before it could be poured. By 1922, the company owned $14,000 worth of equipment and was paying some of its cementers $300 monthly. Two years later, Halliburton, with his wife Vida as his partner, set out to expand. To finance this the couple converted their partnership into a corporation and offered a substantial interest in their business to other oil companies. Their trump card lay in their meticulous patenting of all new processes and devices, which had left the oil companies unable to have oil wells cemented without using Halliburton services. Company patents also covered processes designed for...
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