Importance of ip to hong kong creative industry
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Importance of IP to Hong Kong Creative Industry. Gino Yu mcgino@polyu.edu.hk. Talk Summary. Without IP protection, there is no creative industry Without a creative industry, manufacturing will forever be OEM Difficult to create and market brands, merchandising, etc.

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Importance of IP to Hong Kong Creative Industry

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Importance of ip to hong kong creative industry l.jpg

Importance of IP to Hong Kong Creative Industry

Gino Yu

mcgino@polyu.edu.hk


Talk summary l.jpg

Talk Summary

  • Without IP protection, there is no creative industry

  • Without a creative industry, manufacturing will forever be OEM

    • Difficult to create and market brands, merchandising, etc.

  • Technology is changing the way in which media is created and distributed

    • Technology is empowering individuals

    • Individual freedom vs. businesses’ right to make money


Digital technology l.jpg

Digital Technology

  • Exponential growth (double in performance every 18 months)

    • Auto industry comparison– cars faster than the speed of light and cost less than 1/100 of a cent

  • One of the rare technologies that can track population growth

Performance

Population

Time

Time


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Implications of Digital Technology

  • Technology “sweeps” into new industries

    • Technology impacts the cost/capability/productivity for products and services

    • New industries must learn to “re-invent” itself with each new generation of technology

      • Connected to exponential growth of underlying IC technology

  • Near limits of perception for media

Images

Desktop

publishing

Audio

Recording

And Broadcast

Video

TV, Film

Internet

Commerce

Education

Entertainment


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Digital Entertainment= Technology + Content

Digital Entertainment

  • Traditional media

    • Digital production

  • Interactive media applications

  • Electronic toys

  • Video games

  • Consumer electronics

  • Location-based entertainment


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Hong Kong Strengths

  • Industry

    • Entertainment capital of Asia

    • Largest toy exporter in the world

    • Financial services

    • Tourism

  • International

    • Network

    • Perspective

    • Culturally Chinese

  • Entrepreneurial

    • Fast reaction to market changes

    • “Close” - everyone knows everyone

  • Infrastructure

    • Broadband/wireless

    • Cyberport/Science Park

    • Logistics

    • Legal

  • Location, location, location

    • Geographic center of Asia

    • Pearl River Delta

    • Proximity to China


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Film

Television

Books/comics

Video games

Toys

Merchandising

Clothes

Specialty goods

Cross promotional synergy

40% sold within the few weeks prior to release

Extends lifetime of IP

Sequels, video changing business of media

Technology play

Technology today driven by entertainment

Intellectual Property Development


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Strategy – Hong Kong Perspective

  • Hong Kong as a testbed

    • Tech savvy population

    • World-class infrastructure

  • Target Asia

    • Do what Hollywood does, but focus on Asia

    • Leverage Asia to spring-board into the International market

  • Improve quality

    • Shift emphasis to quality rather than cost

    • Understand the target market (research)

    • Listen, learn, experiment

  • Cooperate rather than compete

    • Can’t beat China on cost

    • Can’t beat Taiwan/Singapore/Korea on technology

    • Leverage strengths


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Target Asia – Hong Kong Strategy

  • Asia marketing/promotion and distribution infrastructure

    • Different markets, different rates, different strategies (fragmented)

    • Reaching Asia is becoming cheaper (Satellite/Cable TV/Internet)

    • International companies trying to solve the same problem

  • Coordination/synchronization between different industries

    • Production, manufacturing, promotion

    • Transmedia forum

  • Better understand Asian consumers

    • Research, trends, analysis

  • Financing

    • Minimize risks

    • Hong Kong has burned Asian channels in the past (quality)


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Goal of IP Protection

  • Provide an framework for IP owners to receive payment for their works

    • B2B / C2B – licensing

    • B2C – distribution

    • C2C – sharing


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Global Issue

  • International broadband networks

  • Two years of continued decrease in music sales

    • Some claim that piracy isn’t the factor (poor music, competition from other media - Forrester)

    • Will impact other media forms with increased bandwidth

  • Distribution is changing

    • Disk-based today

    • Download in the future

      • What is the roadmap?

      • What is the new business model


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Current Strategies for Combating Piracy

  • Technology

    • Protection

      • Can’t win with one-way dissemination

    • Watermark

      • Can’t win – digitization is too easy and cheap

  • Legal challenge

    • Go after businesses

    • Go after consumers

    • Can’t win

      • Technology and adoption changes faster than it takes to process legal cases

      • International

      • Too many loopholes

  • Consumer education

    • May be able to win, but harder the longer you wait

      • There are kids now that have never bought a record or CD…

    • Effective education?


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Hong Kong is Ineffective Thusfar

  • Futile market for international companies

    • $2M USD / year by Sony in legal expenses

  • Eliminated local manufacturing of pirated goods, but allow parallel import

    • Without legal/healthy distribution channels, who will press charges against the pirates?

    • Games are entertainment, not business software

    • What is legal what is not?

      • Market confusion

  • Who is going after the organized pirate groups?

    • Star Wars example

    • Well financed

    • Cut the lawn, but where is the root?

  • The Porn loophole


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Distribution – Challenge and Opportunity for Hong Kong

  • Distribution of digital content is changing

    • P2P (music to movies to software)

    • Hong Kong already plagued by piracy

  • What is the new form for distributing content in the age of networks and piracy?

    • Need to solve or there is no China/SE Asian market

  • Hong Kong is a good test market

    • Rule of law

    • Infrastructure

    • Content creators, electronics manufacturers, small (7M people)


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Pirated Goods Off the Streets

  • “Broken Window” effect

  • Grassroots approach

    • Web-based reporting

      • Education in university and VTC

      • Sponsorship from industry

    • Flood market with counterfeits

      • Create market confusion (a form of consumer education)

      • Effective in P2P approach

    • Technology solutions?

      • 3G cameras?

  • Close the porn loophole


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Strategy to Combat Piracy

  • Provide a way for law-abiding citizens to purchase legal goods

    • Get pirated goods out of public shops

    • Still make it difficult for “average joe” to break

      • Important to give legitimate products a “lead-time”

      • Effective education

    • Give consumers a choice

  • Get pirated goods off the streets (protect B2C, B2B)

    • Mong Kok, Sham Sui Po, 298 Hennesy Road

    • Protect B2B at all costs

  • New revenue models

    • Subscription, advertising

    • New pricing structures

    • New products and services

  • Motivate current pirate groups to become legal

    • Asia/international model, bigger money!


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Factors that Motive Purchase

  • Timing

    • Pay to see it first

  • Quality

    • DVD vs. VCD

  • Features (e.g., value added)

    • DVD supplemental information

  • Social setting

    • View by self, at home, or in theater

  • Portability

    • View / play at home or on the road


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Conclusion

  • Must protect IP for B2B

  • There is a way to prosper in a world of piracy

    • New business model

    • New products and services

  • Hong Kong is well positioned to lead the world

    • Solve the problem in local market first

      • Effective laws and enforcement

  • Will benefit creative and all other industries


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Philosophical Questions

  • What is IP?

    • Representation?

    • Storage and delivery medium?

    • Performance?

    • “Spirit”?

  • What are my rights in the digital age?

    • If I have a file on my computer, am I liable for it?

      • Library book in the park analogy

    • Who is liable for software loopholes and hacks?

    • If I buy something, do I own it?


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