Lower Cost IP Business Advice

One of Hargreaves's recommendations was that SMEs needed access to lower cost IP and commercial advice. The BIS and IPO announced today that the IPO are going to consult businesses, business advisers and IP specialists on how this might be achieved. I can already see the professional bodies girding up their loins to defend the profession and say there is nothing wrong. FICPI have launched a survey designed to show that almost all firms of patent agents offer some free advice and do their marketing at events where entrepreneurs gather. Its true we do and Hargreaves knew that so his conclusion was not made in ignorance. What we need to work out is how the advice can be delivered in a way that is both trustworthy and usable by individual businesses.

• The call to the IPO. This is the most obvious first step for many. Not a bad idea. It connects you to someone paid £17k pa who has the whole of the wisdom of the IPO to call on.
• The British Library Business and IP section is a great place to go and get information and do your market research.
• Inventors clubs. These allow inventors to get together and share information. Leeds is just one example.
• On line resources such as  a BetterMouseTrap and IdeasUploaded that will link you to designers and others and provide plenty of shared learning experiences.
• University |Tech Transfer or KT offices. UCL and Greenwich have been particularly keen lately to help all local comers.

This is just a sprinkling of the offers for those intrepid enough to do the research. The mix of business and IP varies considerably from almost all IP at the top of the list to almost all business at the bottom. Mix was important to the Hargreaves recommendation and the professional classes are not very good at mixing it. Indeed we barely try.

So why are the start ups on the Silicon roundabout telling Cameron they are unhappy. Free advice is not enough for them. Its either an untrustworthy grant aided offer from the inexperienced (OK that's harsh but one thing an SME knows is that he is not competent to judge quality and price is often the best indicator of value) or pure marketing designed to sell something paid for (the classic offering we professionals make).

A conundrum

Could we design an ABS that would be *for profit* but not at the super margins of the City law firms but still of interest to shareholders. It would need staff and it would need to mix them up a bit and therein is the hard part because the trend today is for lawyers to become ever more specialised and what we are saying no you cannot do trademark oppositions all day, you need to be able to hack some proper advice about where the marketing budget should be spent as well. Its a tall order and people with those skill sets tend to be CEOs of large organisations not settling in the provinces on a £17k salary. Right we cannot staff it with individual super consultants so it has to be a consultancy that brings teams together and works with the classic pyramid of effort. Hey aren't the accountants rather good at their consulting offers. Oh SMEs cannot afford to go to Accenture. If our ABS IP/Business consultancy is to make a profit it either takes a range of clients and very soon - like large patent agencies and grown up venture funds (3i anyone)  - decides that start ups are not worth bothering with, or it takes real investments in the start ups. Might work. Would the start ups want to share their equity with their consultant. its not a novel business model. To some extent ?What If  do it and it might sound a bit like Intellectual Ventures. Anyone in?

Hargreaves Response

Vince Cable was at the British Library this morning to announce the government's response to the Hargreaves review. Naturally, the media is focusing on those elements which relate to file copying, sharing and Internet blocking. See the BBC here, the Next Web  here and the Guardian here .  It is indeed very welcome to see that there will be proposals for a substantial opening up of the UK copyright exemptions - so maybe there will be some fair use arriving after all.

However, down in the bowels of the Hargreaves report there was a discussion about SME access to IP advice. What does the government intend to do? Well you will be delighted to learn that later this year, the IPO will set out its plans to improve accessability of the IP system to smaller companies, including access to lower cost providers of integrated IP legal and commercial advice.

Does that mean I can advertise on the idea websites for free if I agree to charge less than the market leaders?  Does it mean that they will reinvent the recently abolished Business Link advisers? Since "integrated IP legal and commercial advice" is not a known sector, perhaps we will find the IPO looking more kindly at self-appointed patent strategists. In any event, its a good phrase to put on your letterhead and to include on your website. Get marketing!

Unreliable Evidence: IP law debate

A class of Bears learning about IP

On 30 March the BBC  broadcast a radio programme on Intellectual Property Law in their Unreliable Evidence series hosted by Clive Anderson. You can listen on the iPlayer. A cast of IP experts was in the studio. Michael Fysh, Charlotte May, counsel, Stephen Rowan from the IPO who apparently now rejoices in the title of Deputy Director of the mysterious Copyright and  IP Enforcement Directorate and Paul Stevens from Olswang.

Although the programme was clearly inspired by the Hargreaves Review, the debate singularly failed to highlight potential areas of reform. Indeed during  the section on copyright (16 minutes in) the group seemed placidly to accept that 70 years post mortem was the right term for copyright.  It was left to Michael Fysh to eventually insert a dissenting voice. Clive Anderson - extremely well briefed - made several provocative assertions suggesting there might be copyright in program formats, designer clothing and domain names.

The programme was successful in showing that IP law is diverse and complex. It does not make a good starting point for any business listener but its a worthwhile listen if you are in the business, if only to spot the errors. Perhaps the BBC can commission Clive to produce a series of more educational programmes on the separate areas of IP.

The programme began with a brief introduction piece from Baroness Wilcox. She hit the wrong note for a discussion on whether the law has the balance right,  by drawing attention to a windfall her business had made from an unused trademark  (4 minutes in).

Its great to hear popular radio about legal issues. Keep at it IPO.

Hargreaves and the SME Litigants

Not many IP Cases get this level of Publicity.
(c) Ben Sutherland 2008

As the 4 March deadline for the submission of evidence to the Hargreaves IP Review, one senses that there may be a bit of concern that real evidence is a bit thin on the ground.  A meeting has been convened on the evening of  23 February at which ITMA and CIPA have been inviting members to fill their respective 30 places. If you pay to be a corporate member of either august institution and want an invite get on to your favoured one at once, since neither is advertising the event on their website.
There are also supposed to be 30 places for SME representatives, who will therefore be outnumbered.  I wonder who is arranging their delegation but I suspect we can expect some criticism about the cost of litigation. It is not reported whether solicitors are invited but since it is in Freshfield's offices, there may be some and so it may not be too easy to say only they are the only expensive ones.
What are the changes in the law that could make litigation more accessible. The Patents County Court looks promising and if No Win No Fee offers are available from litigators, those with strong cases should be able to find representation. Defendants may find it harder to get representation that way. Hopefully no-one will be wasting too much more time talking about insurance. Perhaps Hargreaves can rely on the Amedee Turner report to the European Commission as evidence that that is a dead end.