Discover Montserrat<\/a>)<\/p>\nHowever in 2018, Rovika Inc. moved to a Software as a Service (SaaS) licence structure which requires clients to purchase a licence as per industry practices. Rovika submitted a new agreement to the GoM, and the GoM refused to pay for the licensing claiming that with the amounts previously paid and the grants provided to the company, they should rightfully own the software. This disagreement led to the limitation of access to the software which subsequently led to a legal battle for access and ownership,\u00a0 whilst the company continues to provide service.\u00a0<\/span><\/p>\nIn the Rovika case, The legal and contractual issues were as follows:\u00a0<\/span><\/p>\nContractual arrangements were verbal.<\/strong> The then Cabinet Secretary procured the services of the Programmer, Mr. Daley as an Independent contractor without a written agreement. As an independent contractor, Mr. Daley developed a very secure, robust, application software that is user-friendly and accessible from any electronic device that has access to the Internet, and\/or from any data-enabled device.\u00a0<\/span><\/p>\nLack of IT Policy<\/strong>. <\/strong>The Office of the Premier, did not make any IT policy provisions to ensure continuance of service if the person(s) and\/or entity maintaining the application software should leave, fold, or have their services terminated; or in the event of security breaches or other mishaps.<\/span><\/p>\nLack of\u00a0 Service Level Agreement (SLA).<\/strong> To date, the Office of the Premier does not have an established Service Level Agreement (SLA) with Rovika Inc.<\/span><\/p>\nAbsence of proper procurement practices.<\/strong> The Cabinet and now the Office of the Premier did not put in place any procurement process whatsoever.\u00a0<\/span><\/p>\nLack of clarity on Total Cost of Ownership (TCO).<\/strong> Total Cost of Ownership (TCO) is an estimate of the total costs of solutions (equipment, goods, and\/or services) over the whole of their life. It includes the purchase price or initial fees and all of the other costs an organisation or business might incur, less any benefits received. Many times, organisations never think about ongoing costs of maintaining a service or license fees. This lack of clarity and understanding of the scope of ongoing service fees, have sent a lot of great innovations to the graveyard. Especially in the Public Sector, the tension between annual budgeting cycles makes it difficult for them to participate in Software as a Service solutions with fluctuating annual budgets.\u00a0<\/span><\/p>\nThese two case studies provide some critical insights on the flawed and procurement processes in the region which could thwart real efforts for young startups to launch and thrive.\u00a0<\/span><\/p>\n <\/p>\n
Is intellectual property adequate protection?<\/b>
\n<\/span><\/h3>\nWithout appropriate protection, a firm\u2019s innovation effort can be diluted if there is a serious threat of imitation. Especially in the open innovation context, knowledge is transmitted in a way that even tacit knowledge can spill over to the open innovation partner \u2013 as open innovation aims at sharing tacit knowledge and IP which are inherent to the partners themselves. Consequently, appropriating the rents from IP and knowledge put into the open innovation partnership may be difficult as imitation may occur.\u00a0<\/span><\/p>\nIn the case of the first case study, in promoting a technology such as \u201cblockchain\u201d that fosters greater transparency, it is quite ironic that corporate governance standards are currently not being applied to assess potential competitive risks.\u00a0 Secondly, in a global space where the number of patent applications filed for blockchain and adjacent technologies has also grown, the IP framework and support in the region is weak and uncoordinated at best, and on top of that, there are additional hurdles in obtaining patents specifically for blockchain innovations. Perhaps this too can be a decentralised challenge. On the one hand, from an operational standpoint, it\u2019s left to be seen the tensions between decentralised and centralised systems and the effectiveness of a patent. Lastly, blockchain innovations may not be truly patented given that algorithms or computer coding on their own are often considered non-patentable abstract ideas, unless it has unique and associated hardware components, and\/or unique processes that enable the technology to function.\u00a0<\/span><\/p>\nTherefore, the very mechanism for protection and unfair advantage in this context lies in the execution and business model innovation of the startup. In a region that already has access to finance challenges,\u00a0 it is important that ecosystem enablers provide a level playing field to foster trust through implementing proper governance processes.\u00a0<\/span><\/p>\n <\/p>\n
The need for clear<\/b> rules for open innovation <\/b>
\n<\/b><\/h3>\n
In spite of the potential risks, as with any new process, open innovation and innovation procurement requires a different management approach, and involves insights from actors that fall outside of traditional supply chains, or in the context of organisations, outside the traditional networks, such as innovators.\u00a0 It requires clear rules and expectations to guide the process. These rules aren\u2019t just useful for the problem owners and problem solvers participating, but they also help establish a more predictable expectation of the process, not to mention, build trust.\u00a0<\/span><\/p>\nOutside of articulating the problem or question at hand, incentives, and logistics of the challenge, t<\/span>hese rules should set out very clearly the following:<\/span><\/p>\nEstablish clear objectives and goals<\/strong>:\u00a0<\/strong> Recognising that there are many models of open innovation expression, from Innovation challenges, startup-corporate partnerships, startup incubator \/ accelerator, tech studios, business acquisition, co-creation labs, co-working and co-living spaces, Intrapreneurship and hackathons, it is extremely important to set out the objectives and goals of the proposed alliance and select an appropriate model that fits the criteria.\u00a0\u00a0\u00a0<\/span><\/p>\nIntellectual property expectations:<\/strong> \u00a0You need to set out who will own the intellectual property if your company decides to adopt an innovation as the result of open innovation. This is crucial to give participants confidence in the process.\u00a0<\/span><\/p>\nRisk management and compliance:<\/strong>\u00a0<\/strong> As value seeking companies adopt open innovation as a competitive strategy, it is also clear that this strategy is also accompanied by risk and rent-seeking behaviour. However, risk management seems to have been overlooked by many open innovation networks. It is important for organisations, public, private or international, to consider risk management as part of their process to safeguard innovators. In an era where the region has suffered significantly from reputational risks due to OECD\/FATF (Organisation for Economic Co-operation and Development\/Financial Action Task Force) recommendations for weak regulatory compliance and anti money laundering regime, it\u2019s important that even donors should adhere to basic corporate governance due diligence practices to avoid unintended consequences, not to mention the negative impacts of their brand.\u00a0<\/span><\/p>\nData protection: \u00a0<\/strong>While the region might not necessarily have a regional harmonised framework for data protection, it should be best practice for open innovation networks to safeguard innovators data. Proper data protection policies and cyber security disclosures are necessary.\u00a0\u00a0<\/span><\/p>\n <\/p>\n
Access to Catalytic First-Loss Capital<\/b>
\n<\/b><\/h3>\n
While we recognise some risks, beyond innovation opportunities: digital transformation, learning by doing, etc.\u2026 the benefits of open innovation challenges are countless and far outweigh the risks to open innovation.\u00a0<\/span><\/p>\nFor startups especially, this is definitely a go-to mechanism to access first-loss catalytic capital. Let’s face it, unless you have sufficiently de-risked your business and proven the market, investors would not come running because it\u2019s a high risk game \u2013 but you do need resources to prove them otherwise.\u00a0<\/span><\/p>\nJust understand this principle, as a company, you may have less control over your projects and ideas once it\u2019s picked up by other companies, or can even find their way to new markets via other parties. Therefore, if you\u2019re developing a sensitive or commercially valuable product, requiring a patent for an unreleased product \u2013 then open innovation might not be appropriate for you, as it could result in a loss of intellectual property.<\/span><\/p>\nAs an ecosystem enabler, just be mindful that open innovation takes a lot of time and effort to get right. Not only do you need to set clear rules for the process, but you also need to dedicate the time and resources necessary to oversee the process and manage public interactions. This can be tricky.\u00a0<\/span><\/p>\nThe landscape is changing. It is clear that innovation procurement promises to shape the future of the Caribbean, helping the region fast forward its trajectory towards an inclusive Digital, Green, Blue, and Orange Economy.\u00a0<\/span><\/p>\n <\/p>\n
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Telly Valerie Onu is the Managing Director, Quintessence Consulting, DBA QGlobal, and the Co-CEO, and Chief of Governance of Beyond Capital Markets.<\/p>\n
Telly is an experienced Digital Economist, Global Strategist, Management and Development Specialist, with a passion in industry and enterprise transformation. Telly is also an International Speaker, Blockchain advocate, Impact and Fintech Innovator, venture ecosystem builder, and a member of the working group on the Eastern Caribbean Currency Union (ECCU) Payment System and Financial Innovation.<\/p>\n
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Image credits:\u00a0 Tumisu (Pixabay)<\/a>;\u00a0 European Commission\u00a0<\/a><\/em><\/p>\n———<\/p>\n
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