Sounds good in theory but in practice our IP landscape is woefully inadequate because it is a copy-paste framework that lacks local context.
1. As a poor country it is a given that most of our Innovators will be starved for (and thus easy to bait with) capital.
2. The lure of easy cash / validation is powerful and irresistible. It short-circuits even the most brilliant minds, causing each participant to individually fantasize that he/she is the “chosen one”. Yet even if just 100 submissions are made, your odds of being the chosen one are terrible at 1/100.
This is classic *Game Theory* in action where self-interest decisions by individual actors result in a less favourable outcome for all.
3. When you don’t have leverage (e.g. something that *only you* can offer) you can’t negotiate. No one will sign an NDA with you. I call it pipeline commoditization. If, by applying game theory principles, a healthy flow of unprotected ideas can be guaranteed, why would anyone sign a true NDA with an innovator? Ideas are not “worthless”, they are the most crucial ingredient for execution (otherwise why did cash-rich execution King Waymo/Google go after Uber for alleged theft of AV ideas, which they valued at $500M???)!
Pipeline commoditization relies on *brainwash* and *capital baiting* to unfairly swings the odds in favor of capital gatekeepers… Come on, play our idea lottery and Win! Win! Win! Are you “the chosen one”? We have “judges” who have never invented/innovated anything, many of whom are career employees with zero startup experience, which makes them PERFECT experts in judging great ideas/startups. These experts will decide who proceeds to level 2. Gamble with us and WIN BIG!
We have to shift this model from a gambling / lottery system to a business negotiation system. My next message will have some concrete ideas on how to do this.
Patrick.
On Tuesday, October 23, 2018, 11:21:16 AM GMT+3, WANGARI KABIRU via kictanet <kictanet@lists.kictanet.or.ke> wrote:
” While strong arguments may be made for the need to create a competitive environment, there is a counter argument that there is need to reward novelty to originators of ideas by granting some sort of protection for innovating. While this makes sense, the truth is that not all original business ideas qualify for intellectual property rights award. It is interesting that business ideas on their own do not qualify for protection. I have set out a few simple steps through which an originator of “business ideas” can guard their idea without necessarily being given intellectual property rights protection. The first is simply being wise and cautious about your dealings with third parties concerning these ideas. Do not disclose this idea to others without being strategic about it. Premature disclosure could lead to its annihilation or theft. In the event you opt to disclose, then ensure that you have signed non-disclosure and confidentiality agreements. Please do consult a lawyer to assist in its preparation and avoid picking template drafts from the internet. Some are irrelevant to the domestic situation and actually accord you no protection.
A message said again and again. So what’s still missing
Be blessed.Regards/Wangari
