Name S.

BALAGOPAL

Roll No. 520945973

Program MBA

Subject Strategic Management and Business Policy

Code MB 0036

Learning
INSOFT - NOIDA [1822]
Centre

DATE OF
18th May 2011
SUBMISSION
 Master of Business Administration-MBA Semester 4
MB0036 – Strategic Management and Business Policy
Assignment Set- 1

Q.1 Explain how strategies are formulated and implemented.

Ans:- Strategy Formulation and Implementation

It is the crux of the strategic management process. Strategy refers to the course of action desired to
achieve the objectives of the enterprise. Formulation, together with its implementation, constitutes an
integral part of the management activity. Managers use strategies for different purposes such as to
overcome competition, to increase sales, to increase production, to motivate the employees to provide
their best, and so on. Implementation of a strategy is a crucial task as the formulation of it. There may be
a lot of resistance during the implementation process. It is necessary for the manager to be very tactful to
involve the members of his group in the formulation of strategy to facilitate the implementation process.

Stages in Strategy Formulation and Implementation

a) Identification of mission and objectives

b) Environment scanning
c) Generic strategy alternatives
d) Strategy variations
e) Strategic choice
f) Allocation of resources and formulation of organisational structure
g) Formulation of plans, policies, programmes and administration
h) Evaluation and control

Strategy Formulation and Implementation

Strategy formulation and implementation

NOKIA studies closely each of the subsets of its customer segments. It carefully assesses what appeals
to each of them most. After identifying their purchasing power, it chooses the appropriate technology
and then formulates the strategy.
When MOTOROLA could not take off with seven varieties of cell phones, NOKIA struck gold with just
two plain models. The secret of success was that the products were changed or adapted to local
conditions. In other words, the products and services were more Indianised to ensure survival in the
Indian markets. NOKIA could successfully formulate its strategy around its different customer
segments, varying appeals and affordable technology.

TAPARIA, CEO of Rajashree Cements followed a value enhancement strategy to capture the market
dominated by 43 grade, where ACC and L&T were market leaders. He noticed that nobody thought of
the market-positioning slot for superior grade 53, which, despite high price, leads to overall savings due
to less consumption. He expected that a shift from 43 to 53 grade would require convincing, for which
channel support and its participation in communication were essential.

To popularise grade 53, Taparia launched the Shoppe concept by associating with ” weak and small
channel “ members. The Shoppe concept empowered them with the services of a civil/structural
engineer at Rajashree’s cost for any type of consultation with the customers visiting the shoppe.

The neat and clean environment of the cement outlets attracted the customers who were otherwise used
to the dirty and dusty environment of cement outlets. The customers were assured of the availability and
reliability of the quality products. The customer could avail the services of a civil engineer and also sit
in an air-conditioned chamber of the Shoppe and watch a video film on grade 53.

The quality of documentation (invoices, challans) was improved to create confidence in the customer.
The success of the Shoppe concept was evident from a rise in demand from 5000 tonnes per month to
45,000 TpM in Pune alone. Even established giants like ACC and LandT had to follow his footsteps by
introducing grade 53 and also developing their own exclusive outlets like “ACC ki duniya” and “LandT
station”.

Q.2 Mr. Nandankumar wants to start a business of his own. He is seeking advice from a
consultancy firm on how to go about it. If you were an employee of this consultancy firm, how
would you guide him in preparing a business plan that would suit Nandankumar’s business?

Ans:- A good business plan will help attract necessary financing by demonstrating the feasibility of
your venture and the level of thought and professionalism you bring to the task.

The first step in planning a new business venture is to establish goals that you seek to achieve with the
business. You can establish these goals in a number of ways, but an inclusive and ordered process like
an organizational strategic planning session or a comprehensive neighborhood planning process may be
best. The board of directors of your organization should review and approve the goals, because these
goals will influence the direction of the organization and require the allocation of valuable staff and
financial resources. Your goals will serve as a filter to screen a wide range of possible business
opportunities. If you fail to establish clear goals early in the process, your organization may spend
substantial time and resources pursuing potential business ventures that may be financially viable but do
not serve the mission of your organization in other important ways. A liquor store on the corner may be
a clear money-maker; however, it may not be the retail to assist your community desires.

The following are examples of goals you may seek to achieve through the creation of a new business
venture:
Revenue Generation – Your organization may hope to create a business that will generate sufficient net
income or profit to finance other programs, activities or services provided by your organization.

Employment Creation – A new business venture may create job opportunities for community residents
or the constituency served by your organization.

Neighborhood Development Strategy – A new business venture might serve as an anchor to a

deteriorating neighborhood commercial area, attract additional businesses to the area and fill a gap in
existing retail services. You may need to find a use for a vacant commercial property that blights a
strategic area of your neighborhood. Or your business might focus on the rehabilitation of dilapidated
single family homes in the community.

Whenever possible, goals should have quantifiable outcomes such as “to generate a minimum of
$50,000 of net income or profit within three years”; “to employ at least 15 community residents within
two years in new permanent jobs at a livable wage”; “to occupy and support a minimum of 10,000
square feet of neighborhood commercial space”; or “to rehabilitate 50 single-family houses over three
years.” Clearly defined and quantifiable goals provide objective measurements to screen potential
business opportunities. They also establish clear criteria to evaluate the success of the business venture.

Establish Goals

Once you have identified goals for a new business venture, the next step in the business planning
process is to identify and select the right business. Many organizations may find themselves starting at
this point in the process. Business opportunities may have been dropped at your doorstep. Perhaps an
entrepreneurial member of the board of directors or a community resident has approached your
organization with an idea for a new business, or a neighborhood business has closed or moved out of the
area, taking jobs and leaving a vacant facility behind. Even if this is the case, we recommend that you
take a step back and set goals. Failing to do so could result in a waste of valuable time and resources
pursuing an idea that may seem feasible, but fails to accomplish important goals or to meet the mission
of your organization.

Depending on the goals you have set, you might take several approaches to identify potential business
opportunities.

Local Market Study: Whether your goal is to revitalize or fill space in a neighborhood commercial
district or to rehabilitate vacant housing stock, you should conduct a local market study. A good market
study will measure the level of existing goods and services provided in the area, and assess the capacity
of the area to support existing and additional commercial or home-ownership activity. This assessment
is based on the shopping and traffic patterns of the area and the demographic and socio-economic
characteristics of the community. A bad or insufficient market study could encourage your organization
to pursue a business destined to fail, with potentially disastrous results for the organization as a whole.
Through a market study you will be able to identify gaps in existing products and services and
unsatisfied demand for additional or expanded products and services. If your organization does not have
staff capacity to conduct a market study, you might hire a consultant or solicit the assistance of business
administration students from a local college or university. Conducting a solid and thorough market study
up front will provide essential information for your final business plan.

Analysis of Local and Regional Industry Trends: Another method of investigating potential business
opportunities is to research local and regional business and industry trends. You may be able to identify
which business or industrial sectors are growing or declining in your city, metropolitan area or region.
The regional or metropolitan area planning agency for your area is a good source of data on industry
trends.

Internal Capacity: The board, staff or membership of your organization may possess knowledge and
skills in a particular business sector or industry. Your organization may wish to draw upon this internal
expertise in selecting potential business opportunities.

Internal Purchasing Needs / Collaborative Procurement: Perhaps, your organization frequently

purchases a particular service or product. If nearby affiliate organizations also use this service or
product, this may present a business opportunity. Examples of such products or services include printing
or copying services, travel services, transportation services, property management services, office
supplies, catering services, and other products. You will still need to conduct a complete market study to
determine the demand for this product or service beyond your internal needs or the needs of your
partners or affiliates.

Identify Business Opportunities

Buying an Existing Business: Rather than starting a new business, you may wish to consider
purchasing an existing business. Perhaps a local retail or small light manufacturing business that has
been an anchor to the local retail area or a much-needed source of jobs in the neighborhood is for sale.
Its closure would mean the loss of jobs and services for your neighborhood. Your organization might
consider purchasing and taking over the enterprise instead of starting a new business. If you decide to
pursue this option, you still need to go through the steps of creating a business plan. However, before
moving ahead, these are just a few important areas to research in assessing the business you plan to
purchase:

Be sure to conduct a thorough review of the financial statements for the past three to five years to
determine the current fiscal status and recent financial trends, the validity of the accounts receivable and
the status of the accounts payable. Are all the required licenses and permits in place and can they be
transferred to a new owner?

Also look at the quality of key employees who, because of their expertise, may need to remain with the
business.

You will also need to assess the customer or client base and determine whether its members will remain
loyal to the business after it changes hands.

Another area to evaluate is the perception or image of the business. Inspect the facilities and talk to
suppliers, customers and other businesses in the area to learn more about the reputation of the business.

At this early stage of your planning process, be sure to consult an attorney experienced in corporation
law. As a non-profit corporation, engaging in income-generating activities not related to your mission
may affect your tax-exempt status. You may also wish to protect your organization from any liability
issues connected with the proposed business activity. After you have decided on a particular business
activity, have a qualified attorney advise you on the proper corporate structure for your new venture. In
addition to qualified legal counsel, seek the expertise of an experienced professional in that particular
industry. He or she will bring valuable knowledge and insights regarding the industry that will prove
extremely useful during the business planning process.
Advisory

You have decided on a business opportunity that meets the goals of your organization. Now you are
ready to test the feasibility of the venture and to present your business concept to the world. A solid
business plan will clearly explain the business concept, describe the market for your product or service,
attract investment, and establish operating goals and guidelines.

The first step in writing your business plan is to identify your target audience. Will this be an internal
plan the board will use to assess the feasibility and appropriateness of the business? Or will this plan be
distributed to a larger external audience such as funding sources, commercial lenders or the community
to gain financial backing and political support for the proposed venture? The content and emphasis of
the plan will shift according to the audience.

You will also need to decide who will conduct the necessary research and write the plan. The following
table lists the advantages and disadvantages of several options for getting the work done. You might
consider a combination of the options.

Q.3. a. What is the purpose of business continuity plan?

b. Give a short note on mitigation strategies.

Ans:- Purpose of Business Continuity Plan

Recent world events have challenged us to prepare to manage previously unthinkable situations that may
threaten an organization’s future. This new challenge goes beyond the mere emergency response plan or
disaster management activities that we previously employed. Organizations now must engage in a
comprehensive process best described generically as Business Continuity. It is no longer enough to draft
a response plan that anticipates naturally, accidentally, or intentionally caused disaster or emergency
scenarios.

Today’s threats require the creation of an on-going, interactive process that serves to assure the
continuation of an organization’s core activities before, during, and most importantly, after a major
crisis event.
In the simplest of terms, it is good business for a company to secure its assets. CEOs and shareholders
must be prepared to budget for and secure the necessary resources to make this happen. It is necessary
that an appropriate administrative structure be put in place to effectively deal with crisis management.
This will ensure that all concerned understand who makes decisions, how the decisions are
implemented, and what the roles and responsibilities of participants are. Personnel used for crisis
management should be assigned to perform these roles as part of their normal duties and not be expected
to perform them on a voluntary basis. Regardless of the organization – for profit, not for profit, faith-
based, non-governmental – its leadership has a duty to stakeholders to plan for its survival. The vast
majority of the national critical infrastructure is owned and operated by private sector organizations, and
it is largely for these organizations that this guideline is intended. ASIS, the world’s largest organization
of security professionals, recognizes these facts and believes the BC Guideline offers the reader a user-
friendly method to enhance infrastructure protection.

Key Words

Business Continuity Plan, Business Impact Analysis, Crisis Management Team, Critical Functions,
Damage Assessment, Disaster, Evaluation and Maintenance, Mitigation Strategies, Mutual Aid
Agreement, Prevention, Readiness, Recovery/Resumption, Resource Management, Response, Risk
Assessment, Testing and Training.

Ans:- Mitigation Strategies

Devise Mitigation Strategies

Cost effective mitigation strategies should be employed to prevent or lessen the impact of potential
crises. For example, securing equipment to walls or desks with strapping can mitigate damage from an
earthquake; sprinkler systems can lessen the risk of a fire; a strong records management and technology
disaster recovery program can mitigate the loss of key documents and data.

Resources Needed for Mitigation

The various resources that would contribute to the mitigation process should be identified. These
resources, including essential personnel and their roles and responsibilities, facilities, technology, and
equipment should be documented in the plan and become part of ‘‘business as usual.’’

Monitoring Systems and Resources

Systems and resources should be monitored continually as part of mitigation strategies. Such monitoring
can be likened to simple inventory management.

The resources that will support the organization to mitigate the crisis should also be monitored
continually to ensure that they will be available and able to perform as planned during the crisis.
Examples of such systems and resources include, but are not limited to:

• Emergency equipment
• Fire alarms and suppression systems
• Local resources and vendors
• Alternate worksites
 • Maps and floor plans updated/changed due to construction and internal moves
• System backups and offsite storage.

Q.4. Distinguish between financial investor and strategic investor.

Ans;- In the not so distant past, there was little difference between financial and strategic investors.
Investors of all colors sought to safeguard their investment by taking over as many management
functions as they could. Additionally, investments were small and shareholders few. A firm resembled a
household and the number of people involved – in ownership and in management – was correspondingly
limited. People invested in industries they were acquainted with first hand.

As markets grew, the scales of industrial production (and of service provision) expanded. A single
investor (or a small group of investors) could no longer accommodate the needs even of a single firm.
As knowledge increased and specialization ensued – it was no longer feasible or possible to micro-
manage a firm one invested in. Actually, separate businesses of money making and business
management emerged. An investor was expected to excel in obtaining high yields on his capital – not in
industrial management or in marketing. A manager was expected to manage, not to be capable of
personally tackling the various and varying tasks of the business that he managed.

Thus, two classes of investors emerged. One type supplied firms with capital. The other type supplied
them with know-how, technology, management skills, marketing techniques, intellectual property,
clientele and a vision, a sense of direction.

In many cases, the strategic investor also provided the necessary funding. But, more and more, a
separation was maintained. Venture capital and risk capital funds, for instance, are purely financial
investors. So are, to a growing extent, investment banks and other financial institutions.

The financial investor represents the past. Its money is the result of past - right and wrong - decisions. Its
orientation is short term: an "exit strategy" is sought as soon as feasible. For "exit strategy" read quick
profits. The financial investor is always on the lookout, searching for willing buyers for his stake. The
stock exchange is a popular exit strategy. The financial investor has little interest in the company's
management. Optimally, his money buys for him not only a good product and a good market, but also a
good management. But his interpretation of the rolls and functions of "good management" are very
different to that offered by the strategic investor. The financial investor is satisfied with a management
team which maximizes value. The price of his shares is the most important indication of success. This is
"bottom line" short termism which also characterizes operators in the capital markets. Invested in so
many ventures and companies, the financial investor has no interest, nor the resources to get seriously
involved in any one of them. Micro-management is left to others - but, in many cases, so is macro-
management. The financial investor participates in quarterly or annual general shareholders meetings.
This is the extent of its involvement.

The strategic investor, on the other hand, represents the real long term accumulator of value.
Paradoxically, it is the strategic investor that has the greater influence on the value of the company's
shares. The quality of management, the rate of the introduction of new products, the success or failure of
marketing strategies, the level of customer satisfaction, the education of the workforce - all depend on
the strategic investor. That there is a strong relationship between the quality and decisions of the
strategic investor and the share price is small wonder. The strategic investor represents a discounted
future in the same manner that shares do. Indeed, gradually, the balance between financial investors and
strategic investors is shifting in favour of the latter. People understand that money is abundant and what
is in short supply is good management. Given the ability to create a brand, to generate profits, to issue
new products and to acquire new clients - money is abundant.

These are the functions normally reserved to financial investors:

Financial Management

The financial investor is expected to take over the financial management of the firm and to directly
appoint the senior management and, especially, the management echelons, which directly deal with the
finances of the firm.

1. To regulate, supervise and implement a timely, full and accurate set of accounting books of the
firm reflecting all its activities in a manner commensurate with the relevant legislation and
regulation in the territories of operations of the firm and with internal guidelines set from time to
time by the Board of Directors of the firm. This is usually achieved both during a Due Diligence
process and later, as financial management is implemented.

2. To implement continuous financial audit and control systems to monitor the performance of the
firm, its flow of funds, the adherence to the budget, the expenditures, the income, the cost of
sales and other budgetary items.

3. To timely, regularly and duly prepare and present to the Board of Directors financial statements
and reports as required by all pertinent laws and regulations in the territories of the operations of
the firm and as deemed necessary and demanded from time to time by the Board of Directors of
the Firm.

4. To comply with all reporting, accounting and audit requirements imposed by the capital markets
or regulatory bodies of capital markets in which the securities of the firm are traded or are about
to be traded or otherwise listed.

5. To prepare and present for the approval of the Board of Directors an annual budget, other
budgets, financial plans, business plans, feasibility studies, investment memoranda and all other
financial and business documents as may be required from time to time by the Board of Directors
of the Firm.

6. To alert the Board of Directors and to warn it regarding any irregularity, lack of compliance, lack
of adherence, lacunas and problems whether actual or potential concerning the financial systems,
the financial operations, the financing plans, the accounting, the audits, the budgets and any other
matter of a financial nature or which could or does have a financial implication.

7. To collaborate and coordinate the activities of outside suppliers of financial services hired or
contracted by the firm, including accountants, auditors, financial consultants, underwriters and
brokers, the banking system and other financial venues.

8. To maintain a working relationship and to develop additional relationships with banks, financial
institutions and capital markets with the aim of securing the funds necessary for the operations of
the firm, the attainment of its development plans and its investments.
 9. To fully computerize all the above activities in a combined hardware-software and
communications system which will integrate into the systems of other members of the group of
companies.

10. Otherwise, to initiate and engage in all manner of activities, whether financial or of other nature,
conducive to the financial health, the growth prospects and the fulfillment of investment plans of
the firm to the best of his ability and with the appropriate dedication of the time and efforts
required.

Collection and Credit Assessment

1. To construct and implement credit risk assessment tools, questionnaires, quantitative methods,
data gathering methods and venues in order to properly evaluate and predict the credit risk rating
of a client, distributor, or supplier.

2. To constantly monitor and analyse the payment morale, regularity, non-payment and non-
performance events, etc. – in order to determine the changes in the credit risk rating of said
factors.

3. To analyse receivables and collectibles on a regular and timely basis.

4. To improve the collection methods in order to reduce the amounts of arrears and overdue
payments, or the average period of such arrears and overdue payments.

5. To collaborate with legal institutions, law enforcement agencies and private collection firms in
assuring the timely flow and payment of all due payments, arrears and overdue payments and
other collectibles.

6. To coordinate an educational campaign to ensure the voluntary collaboration of the clients,

distributors and other debtors in the timely and orderly payment of their dues.

The strategic investor is, usually, put in charge of the following:

Project Planning and Project Management

The strategic investor is uniquely positioned to plan the technical side of the project and to implement it.
He is, therefore, put in charge of:

1. The selection of infrastructure, equipment, raw materials, industrial processes, etc.;

2. Negotiations and agreements with providers and suppliers;
3. Minimizing the costs of infrastructure by deploying proprietary components and planning;
4. The provision of corporate guarantees and letters of comfort to suppliers;
5. The planning and erecting of the various sites, structures, buildings, premises, factories, etc.;
6. The planning and implementation of line connections, computer network connections, protocols,
solving issues of compatibility (hardware and software, etc.);
7. Project planning, implementation and supervision.
Marketing and Sales

1. The presentation to the Board an annual plan of sales and marketing including: market
penetration targets, profiles of potential social and economic categories of clients, sales
promotion methods, advertising campaigns, image, public relations and other media campaigns.
The strategic investor also implements these plans or supervises their implementation.

2. The strategic investor is usually possessed of a brandname recognized in many countries. It is the
market leaders in certain territories. It has been providing goods and services to users for a long
period of time, reliably. This is an important asset, which, if properly used, can attract users. The
enhancement of the brandname, its recognition and market awareness, market penetration, co-
branding, collaboration with other suppliers – are all the responsibilities of the strategic investor.

3. The dissemination of the product as a preferred choice among vendors, distributors, individual
users and businesses in the territory.

4. Special events, sponsorships, collaboration with businesses.

5. The planning and implementation of incentive systems (e.g., points, vouchers).

6. The strategic investor usually organizes a distribution and dealership network, a franchising
network, or a sales network (retail chains) including: training, pricing, pecuniary and quality
supervision, network control, inventory and accounting controls, advertising, local marketing and
sales promotion and other network management functions.

7. The strategic investor is also in charge of "vision thinking": new methods of operation, new
marketing ploys, new market niches, predicting the future trends and market needs, market
analyses and research, etc.

The strategic investor typically brings to the firm valuable experience in marketing and sales. It has
numerous off the shelf marketing plans and drawer sales promotion campaigns. It developed software
and personnel capable of analysing any market into effective niches and of creating the right media
(image and PR), advertising and sales promotion drives best suited for it. It has built large databases
with multi-year profiles of the purchasing patterns and demographic data related to thousands of clients
in many countries. It owns libraries of material, images, sounds, paper clippings, articles, PR and image
materials, and proprietary trademarks and brand names. Above all, it accumulated years of marketing
and sales promotion ideas which crystallized into a new conception of the business.

Technology

1. The planning and implementation of new technological systems up to their fully operational
phase. The strategic partner's engineers are available to plan, implement and supervise all the
stages of the technological side of the business.

2. The planning and implementation of a fully operative computer system (hardware, software,
communication, intranet) to deal with all the aspects of the structure and the operation of the
firm. The strategic investor puts at the disposal of the firm proprietary software developed by it
and specifically tailored to the needs of companies operating in the firm's market.
 3. The encouragement of the development of in-house, proprietary, technological solutions to the
needs of the firm, its clients and suppliers.

4. The planning and the execution of an integration program with new technologies in the field, in
collaboration with other suppliers or market technological leaders.

Education and Training

The strategic investor is responsible to train all the personnel in the firm: operators, customer services,
distributors, vendors, sales personnel. The training is conducted at its sole expense and includes tours of
its facilities abroad.

The entrepreneurs – who sought to introduce the two types of investors, in the first place – are usually
left with the following functions:

Administration and Control

1. To structure the firm in an optimal manner, most conducive to the conduct of its business and to
present the new structure for the Board's approval within 30 days from the date of the GM's
appointment.

2. To run the day to day business of the firm.

3. To oversee the personnel of the firm and to resolve all the personnel issues.

4. To secure the unobstructed flow of relevant information and the protection of confidential
organization.

5. To represent the firm in its contacts, representations and negotiations with other firms,
authorities, or persons.

This is why entrepreneurs find it very hard to cohabitate with investors of any kind. Entrepreneurs are
excellent at identifying the needs of the market and at introducing technological or service solutions to
satisfy such needs. But the very personality traits which qualify them to become entrepreneurs – also
hinder the future development of their firms. Only the introduction of outside investors can resolve the
dilemma. Outside investors are not emotionally involved. They may be less visionary – but also more
experienced.

They are more interested in business results than in dreams. And – being well acquainted with
entrepreneurs – they insist on having unmitigated control of the business, for fear of losing all their
money. These things antagonize the entrepreneurs. They feel that they are losing their creation to cold-
hearted, mean spirited, corporate predators. They rebel and prefer to remain small or even to close shop
than to give up their cherished freedoms. This is where nine out of ten entrepreneurs fail - in knowing
when to let go.
Q. 5 Give a note on enforcement of intellectual property rights.

Ans:- Enforcement of Intellectual Property Rights

Intellectual property rights are of limited value unless they are effectively enforced. Without
enforcement, there are no real deterrents for infringers or

remedies for those whose rights are infringed. The legal authorities do have some role in enforcing
intellectual property rights, but this is often limited, and for infringement of rights such as patents, plant
breeders rights and trade secrets, you would normally have to take action yourself to take the infringing
party to court. The same practical commercial considerations that apply to obtaining and managing IP
rights also apply to enforcement – in some cases, the possibility of taking court action could act to
encourage the infringing party to take out a licence to use your technology. This would save you the
expense and the uncertainty of a protracted court case, and could provide you with a good financial
return.

The procedures for enforcement of IP rights differ widely between countries, because they have much
more to do with the general legal system than other aspects of IP rights, such as examination and grant
of rights by a patent office. The TRIPS Agreement has established some general principles for IP
enforcement which are reflected in the laws of many countries, so this discussion will focus on the
TRIPS provisions to give an overall picture of how enforcement operates.

One basic distinction in enforcement lies between more those IP infringements which tend to be
infringed widely, potentially by many different people and on a large commercial scale, and general IP
rights. In the first category are pirated copyright works and counterfeit trade mark goods.

TRIPS, for instance, specifies that the government or legal authorities need to have a more active role in
dealing with these infringements than, say, for patents and plant breeders’ rights. So the state often has
an active role in tracking down and prosecuting those who infringe copyright and trademark rights on a
commercial scale, whereas for patents it is normally up to the patent holder or licensee to take an
infringer to court.

Enforcement Measures Required by TRIPS

The TRIPS Agreement differs from earlier international intellectual property treaties in several ways;
this includes having specific provisions for effective enforcement of IP rights in national laws. The main
enforcement provisions in TRIPS include:

• The general obligations under the TRIPS Agreement, which relate to the provision of fair
enforcement procedures
• Civil remedies, including injunctions, damages and provisional measures.
• Criminal procedures, which are compulsory for intentional trade mark and copyright piracy on a
commercial scale and optional for other kinds of intellectual property, such as patents.
• Special border enforcement measures to stop counterfeit trade mark and pirated copyright
material coming into a country, border enforcement measures are optional for other kinds of
intellectual property, such as patents.
General Enforcement Obligations under Trips

The TRIPS Agreement provides for a range of general obligations in relation to the enforcement of
intellectual property rights. The purpose of these obligations is to ensure that the enforcement measures
are effective, and that certain basic principles of due process are met, so that enforcement is fair and
balanced, and does not impede legitimate trade.

Remedies must be timely and deter further infringements

TRIPS requires that enforcement procedures permit effective action against any infringement of
intellectual property rights, and that the remedies available are expeditious in order to prevent
infringements. A legal system that enables timely initiation and execution of legal processes is
particularly important for effective enforcement of intellectual property rights because the information
that intellectual property protects is often easy to copy and spread quickly. The remedies available must
also be severe enough to deter further infringements. These procedures must be applied in a way that
avoids the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Enforcement procedures must be fair.

TRIPS provides that enforcement procedures must be fair and equitable, and may not be unnecessarily
complicated or costly, or entail unreasonable time-limits or delays. Decisions in enforcement cases must
be based on the merits of a case. Decisions should preferably be in writing and reasoned, and be made
available to the parties without undue delay. Decisions on the merits of a case must be based only on
evidence in respect of which the parties were offered the opportunity to be heard.

Parties to a proceeding must have an avenue of appeal, unless the case was criminal in nature and the
accused was acquitted. TRIPS does not require a special judicial system for the enforcement of
intellectual property rights distinct from the normal court system. Finally, TRIPS creates no obligations
with respect to the distribution of resources as between enforcement of intellectual property rights and
the enforcement of law in general.

Example – enforcing a patented invention for making house paint.

For example, imagine that you own a patent for house paint that dries very quickly. It took you 8 years
to develop the process and cost you thousands of dollars to patent your invention in Australia, the US
and Indonesia. Just as you started to distribute the paint yourself in Australia you found out that your
paint is being sold cheaply to the painting trade in Sydney by a company trading as Cheap Paints. You
also suspect that Cheap Paints are exporting tins of infringing paint overseas. Obviously you need to
take legal action against Cheap Paints to enforce your rights, otherwise, there would be no market left
for you to get any financial return on your invention. The kinds of remedies you could take against
Cheap Paints are set out in this unit.
Q. 6 Give a note on complex systems behaviour and creativity.

Ans:- Complex Systems Behaviour

In studying Complex Systems, initially in physics and chemistry, it became clear that the key properties
of ‘open’ systems, where flows of matter, energy and information can occur across their boundaries,
were that they could undergo spontaneous transformations of structure and functionality. Instead of a
‘fixed’ mechanical system, this showed how systems came into being, and evolved over time, changing
structurally, gaining, and sometimes shedding, complexity and qualities.

The study of Complex Systems therefore revealed a co-evolutionary process of a system and its
environment in which successive change and adaptation each involved two separate steps:

• Discovering what to do (exploration and evaluation).

• Doing what has been decided (implementation).

And these two steps are radically different in nature.

In Complex Systems, the first step is ‘taken’ by the ‘non-average’ underlying elements within the
system, while the second – the emergence of a transformed, functioning system – concerns new,
effective ‘average’ behaviour of the elements. The successful co-evolution of a system with its
environment therefore occurs through the dynamic interplay of the average and non-average behaviours
within it. Successive instabilities occur each time that existing structure and organisation fail to
withstand the impact of some new circumstance or behaviour. When this occurs, the system re-structures
and becomes a different system, subjected in its turn to the disturbances from its own non-average
individuals and situations. It is this dialogue between successive ‘systems’ and their own inner
‘richness’ that provides the capacity for continuous adaptation and change.

Creativity

Everyone in business is creative.

Some of most creative people are in manufacturing.

They actually CREATE products that change the world.

Some of the least creative people perhaps are in advertising.

They spend most of their creative energy telling manufacturers that they…aren’t creative!

Salespeople Are Creative – They are natural born story-tellers.

Accountants are creative.

Best Creative Exercise Ever

Write down your ideas.

You have a ton every day.

But most of the time, you can’t remember them by the day’s end.

Don’t let spelling and grammar issues or relentless self-editing stop you.

Get your ideas on paper (Let someone else edit it.)

Go retro: Carry a notebook, pen, and calendar into your meetings.

Look up at people.

Story First, Technology Last.

Don’t invest in a presentation class called “How to Use PowerPoint”….

…until you’ve taken a class called “How to Tell Stories and Connect with Your Audience”.

A Simple Creative Exercise…

Simplify everything. Your life, your home, your office, your desk, your processes, vision, policy,
procedures. Everything.

Fixing Problems is Creative.

Your job is to fix problems, not to complain.

Brainstorming

Don’t tell people that their ideas are bad, especially if you don’t have a better one.

It’s only your life’s work.

Never say, “It’s not my job to be creative.”

How to Lose an Audience…

• Show your audience slides with columns of numbers.

• Refuse to tell them a story about the meaning of the numbers.
• Do not read your speech or presentation.
• Instead, read your audience.

How about a Show?

Try “giving a performance” instead of merely “giving a presentation.”

Everyone in Sales Knows…

· Tell stories.
· Don’t just provide data.

Avoid Meetings.

Do not attend more than two meetings a day, or else you will never get any real creative work done.

Get Fresh Ideas.

Leave the office building at least once a day.

Another Lame Excuse…

Designers should put more of their passion into designing great work, instead of endless (boring)
discussions about the superiority of the Macintosh over the PC!

Creativity: Use it or Lose it.

Create something every day.

Creativity takes place every day, not once in a while.

It’s not rare.

It’s just been mystified – Own your creativity.

 Master of Business Administration-MBA Semester 4
MB0036 – Strategic Management and Business Policy
Assignment Set- 2

Q.1 Explain the importance of licensing and assigning IP rights.

Ans:- Licensing and Assigning IP rights

One basic choice is whether you should actively exploit your IP rights yourself, or to keep your IP rights
and license them to others to use, or sell or assign the rights to another person. You can, in principle,
make different choices in different countries for exploiting IP rights for the same underlying invention.
If you are based in Malaysia, you could in theory decide to exploit your patent yourself in the East Asian
region, grant a licence a Canadian company to use the invention in North America, and sell or assign the
rights in Europe to a Danish company – whether or not this is the best approach in practice is a different
matter, of course.

A licence is a grant of permission made by the patent owner to another to exercise any specified rights
as agreed. Licensing is a good way for an owner to benefit from their work as they retain ownership of
the patented invention while granting permission to others to use it and gaining benefits, such as
financial royalties, from that use. However, it normally requires the owner of the invention to invest
time and resources in monitoring the licensed use, and in maintaining and enforcing the underlying IP
right.

The patent right normally includes the right to exclude others from making, using, selling or importing
the patented product, and similar rights concerning patented processes. The license can therefore cover
the use of the patented invention in many different ways.

For instance, licences can be exclusive or non-exclusive. If a patent owner grants a non-exclusive licence
to Company A to make and sell their patented invention in Malaysia, the patent owner would still be
able to also grant Company B another non-exclusive for the same rights and the same time period in
Malaysia. In contrast, if a patent owner granted an exclusive licence to Company A to make and sell the
invention in Malaysia, they would not be able to give a licence to

anyone else in Malaysia while the licence with Company A remained in force.

Licenses are normally confined to a particular geographical area – typically, the jurisdiction in which
particular IP rights have effect. You can grant different exclusive licences for different territories at the
same time. For example, a patent owner can grant an exclusive licence to make and sell their patented
invention in Malaysia for the term of the patent, and grant a separate exclusive licence to manufacture
and sell their patented invention in India for the term of the patent.

Separate licences can be granted for different ways of using the same technology. For example, if an
inventor creates a new form of pharmaceutical delivery, she could grant an exclusive licence to one
company to use the technology for an arthritis drug, a separate exclusive licence to another company to
use it for relief of cold symptoms, and a further exclusive licence to a third company to use it for
veterinary pharmaceuticals.

A licence is merely the grant of permission to undertake some of the actions covered by intellectual
property rights, and the patent holder retains ownership and control of the basic patent.
An assignment of intellectual property rights is the sale of a patent right, or a share of the patent.

It should be remembered that the person who makes an invention can be different to the person who
owns the patent rights in that invention. If an inventor assigns their patent rights to someone else they no
longer own those rights. Indeed, they can be in infringement of the patent right if they continue to use it.

Patent licences and assignments of patent rights do not have to cover all patent rights together.

Licences are often limited to specific rights, territories and time periods. For example, a patent owner
could exclusively licence only their importation right to a company for the territory of Indonesia for 12
months. If an inventor owns patents on the same invention in five different countries, they could assign
(or sell) these patents to five different owners in each of those countries. Portions of a patent right can
also be assigned – so that in order to finance your invention, you might choose to sell a half-share to a
commercial partner.

If you assign your rights, you normally lose any possibility of further licensing or commercially
exploiting your intellectual property rights. Therefore, the amount you charge for an assignment is
usually considerably higher than the royalty fee you would charge for a patent licence. When assigning
the rights, you might seek to negotiate a licence from the new owner to ensure that you can continue to
use your invention. For instance, you might negotiate an arrangement that gives you licence to use the
patented invention in the event that you come up with an improvement on your original invention and
this falls within the scope of the assigned patent. Equally, the new owner of the assigned patent might
want to get access to your subsequent improvements on the invention.

Q.2 Assess the need for Corporate Social Responsibility with supporting instances.

Ans;- CSR is a concept whereby companies integrate social and environmental concerns in their business
operations and in their interaction with their stakeholders on a voluntary basis.

The main function of an enterprise is to create value through producing goods and services that society
demands, thereby generating profit for its owners and shareholders as well as welfare for society,
particularly through an ongoing process of job creation. However, new social and market pressures are
gradually leading to a change in the values and in the horizon of business activity.

There is today a growing perception among enterprises that sustainable business success and shareholder
value cannot be achieved solely through maximising short-term profits, but instead through market-
oriented, yet responsible behaviour. Companies are aware that they can contribute to sustainable
development by managing their operations in such a way as to enhance economic growth and increase
competitiveness whilst ensuring environmental protection and promoting social responsibility, including
consumer interests.

In this context, an increasing number of firms have embraced a culture of CSR. Despite the wide
spectrum of approaches to CSR, there is large consensus on its main features:

• CSR is behaviour by businesses over and above legal requirements, voluntarily adopted because
businesses deem it to be in their long-term interest;
• CSR is intrinsically linked to the concept of sustainable development: businesses need to
integrate the economic, social and environmental impact in their operations;
• CSR is not an optional "add-on" to business core activities – but about the way in which
businesses are managed.
Socially responsible initiatives by entrepreneurs have a long tradition in Europe. What distinguishes
today’s understanding of CSR from the initiatives of the past is the attempt to manage it strategically
and to develop instruments for this. It means a business approach, which puts stakeholder’s expectations
and the principle of continuous improvement and innovation at the heart of business strategies. What
constitutes CSR depends on the particular situation of individual enterprises and on the specific context
in which they operate, be it in Europe or elsewhere. In view of the EU enlargement, it is however
important to enhance common understanding both in Member States and candidate countries.

The Growing Recognition of CSR

CSR has found recognition among enterprises, policy-makers and other stakeholders, as an important
element of new and emerging forms of governance, which can help them to respond to the following
fundamental changes:

• Globalisation has created new opportunities for enterprises, but it also has increased their
organisational complexity and the increasing extension of business activities abroad has led to
new responsibilities on a global scale, particularly in developing countries.
• Considerations of image and reputation play an increasingly important role in the business
competitive environment, as consumers and NGO’s ask for more information about the
conditions in which products and services are generated and the sustainability impact thereof,
and tend to reward, with their behaviour, socially and environmentally responsible firms.
• Partly as a consequence of this, financial stakeholders ask for the disclosure of information going
beyond traditional financial reporting so as to allow them to better identify the success and risk
factors inherent in a company and its responsiveness to public opinion.
• As knowledge and innovation become increasingly important for competitiveness, enterprises
have a higher interest in retaining highly skilled and competent personnel.

The Global Dimension of CSR

Global governance, and the interrelation between trade, investment and sustainable development are key
issues in the CSR debate. Indeed, awareness of CSR issues and concerns will contribute to promote
more sustainable investments, more effective development co-operation and technology transfers.

Both processes of trade and financial markets liberalisation should be matched by appropriate
progress towards an effective system of global governance including its social and environmental
dimensions. Globalisation has also increasingly exposed enterprises to trans-boundary economic
criminality, requiring an international response.

By abiding by internationally accepted standards, multinational enterprises can contribute to ensure that
international trade markets function in a more sustainable way and it is therefore important that the
promotion of CSR at international level takes as its basis international standards and agreed instruments.

Those agreed instruments are, at present, of two kinds:

First, the OECD Guidelines for Multinational Enterprises are the most comprehensive, internationally
endorsed set of rules governing the activities of multinationals. In promoting CSR in developing
countries, EU businesses should demonstrate and publicise their world-wide adherence to them.
Second, beyond CSR, international agreements are in place and their implementation by governments
should be promoted. In its communication on Promoting Core Labour Standards and Improving Social
Governance in the context of Globalisation[1], the Commission stressed the need to ensure the respect
for core labour standards in the context of globalisation. It stressed in particular the universality of core
labour standards and the need for codes of conduct to integrate the ILO fundamental Conventions.

At the same time, identifying common frameworks for the global dimension of CSR is challenging due
to the diversity in domestic policy frameworks, protection of workers and environmental regulation. A
number of initiatives in which European companies participate, such as Investors for Africa, World
Business Council for Sustainable Development, and the UN Global Compact have sought to identify
basic principles and practices. The underlying approach should be that, at global level, just as at
European, the implementation of CSR principles should also go over and above the legal requirements
that businesses need to comply with, and approaches should involve consultation with local
stakeholders.

CSR practices and instruments will be more effective if they are part of a concerted effort by all
those concerned towards shared objectives. They should be transparent and based on clear and
verifiable criteria or benchmarks. Public policy can contribute to the development of an action
framework with a view to promote transparency and thus credibility for CSR practices.

Q.3 What are the obstacles faced by small business units? Explain with examples.

Ans:- Small business is more than a fashion or a buzzword. In the USA, only small businesses create
new jobs. The big dinosaur firms (the "blue-chips") create negative employment – they fire people. This
trend has a glitzy name: downsizing.

In Israel many small businesses became world class exporters and big companies in world terms. The
same goes, to a lesser extent, in Britain and in Germany.

Small businesses often face a variety of problems related to their size. A frequent cause of bankruptcy is
undercapitalization. This is often a result of poor planning rather than economic conditions- it is
common rule of thumb that the entrepreneur should have access to a sum of money at least equal to the
projected revenue for the first year of business in addition to his anticipated expenses.

For example, if the prospective owner thinks that he will generate $100,000 in revenues in the first year
with $150,000 in start-up expenses, then he should have no less than $250,000 available. Failure to
provide this level of funding for the company could leave the owner liable for all of the company's debt
should he end up in bankruptcy court, under the theory of undercapitalization.

In addition to ensuring that the business has enough capital, the small business owner must also be
mindful of gross margin (sales minus variable costs). To break even, the business must be able to reach a
level of sales where the gross margin exceeds fixed costs. When they first start out, many small business
owners underprice their products to a point where even at their maximum capacity, it would be
impossible to break even. Cost controls or price increases often resolve this problem.
In the United States, some of the largest concerns of small business owners are insurance costs (such as
liability and health), rising energy costs and taxes. In the United Kingdom and Australia, small business
owners tend to be more concerned with excessive governmental red tape.

Another problem for many small businesses is termed the 'Entrepreneurial Myth' or E-Myth. The mythic
assumption is that an expert in a given technical field will also be expert at running that kind of business.
Additional business management skills are needed to keep a business running smoothly.

Q.4 Are decision support systems beneficial in strategic management and business policies?
Justify your answer.

Ans:- A decision system has great impact on the profits of the company. It forces the management to
rationalize the depreciation, inventory and inflation policies. It warns the management against
impending crises and problems in the company. It specially helps in following areas:

• The management knows exactly how much credit it could take, for how long (for which
maturities) and in which interest rate. It has been proven that without proper feedback, managers
tend to take too much credit and burden the cash flow of their companies.
• A decision system allows for careful financial planning and tax planning. Profits go up, non cash
outlays are controlled, tax liabilities are minimized and cash flows are maintained positive
throughout.

As a result of all the above effects, the value of the company grows and its shares appreciate.

The decision system is an integral part of financial management in the West. It is completely compatible
with western accounting methods and derives all the data that it needs from information extant in the
company.

So, the establishment of a decision system does not hinder the functioning of the company in any way
and does not interfere with the authority and functioning of the financial department.

Decision Support Systems cost as little as 20,000 USD (all included: software, hardware, and training).
They are one of the best investments that a firm can make.

Levels of Reporting and Flows of Data

To assist in overcoming the above, there are four levels of reporting and flows of data which every
company should institute:

The first level is the annual budget of the company which is really a business plan. The budget allocates
amounts of money to every activity and/or department of the firm.

As time passes, the actual expenditures are compared to the budget in a feedback loop. During the year,
or at the end of the fiscal year, the firm generates its financial statements: the income statement, the
balance sheet, the cash flow statement.
Put together, these four documents are the formal edifice of the firm’s finances. However, they can not
serve as day-to-day guides to the General Manager.

The second tier of financial audit and control is when the finance department (equipped with proper
software – Solomon IV is the most widely used in the West) is able to produce pro forma financial
statements monthly.

These financial statements, however inaccurate, provide a better sense of the dynamics of the operation
and should be constructed on the basis of Western Accounting Principles (GAAP and FASBs, or IAS).

But the Manager should be able to open this computer daily and receive two kinds of data, fully updated
and fully integrated:

1. Daily financial statements

2. Daily ratios report.

The Daily Financial Statements

The Manager should have access to continuously updated statements of income, cash flow, and a
balance sheet. The most important statement is that of the cash flow. The manager should be able to
know, at each and every stage, what his real cash situation is – as opposed to the theoretical cash
situation which includes accounts payable and account receivable in the form of expenses and income.

These pro forma financial statements should include all the future flows of money – whether invoiced or
not. This way, the Manager will be able to type a future date into his computer and get the financial
reports and statements relating to that date.

In other words, the Manager will not be able to see only a present situation of his company, but its future
situation, fully analysed and fully updated.

Using today’s technology – a wireless-connected laptop – Managers are able to access all these data
from anywhere in the world, from home, while traveling, and so on.

The Daily Ratios Report

This is the most important part of the decision support system.

It enables the Manager to instantly analyse dozens of important aspects of the functioning of his
company. It allows him to compare the behaviour of these parameters to historical data and to simulate
the future functioning of his company under different scenarios.

It also allows him to compare the performance of his company to the performance of his competitors,
other firms in his branch and to the overall performance of the industry that he is operating in.

The Manager can review these financial and production ratios. Where there is a strong deviation from
historical patterns, or where the ratios warn about problems in the future – management intervention
may be required.
Instead of sifting through mountains of documents, the Manager will only have to look at four computer
screens in the morning, spot the alerts, read the explanations offered by the software, check what is
happening and better prepare himself for the future.

Examples of the Ratios to be Included in the Decision System

a) SUE measure – deviation of actual profits from expected profits

b) ROE – the return on the adjusted equity capital
c) Debt to equity ratios
d) ROA – the return on the assets
e) The financial average
f) ROS – the profit margin on the sales
g) ATO – asset turnover, how efficiently assets are used
h) Tax burden and interest burden ratios
i) Compounded leverage
j) Sales to fixed assets ratios
k) Inventory turnover ratios
l) Days receivable and days payable
m) Current ratio, quick ratio, interest coverage ratio and other liquidity and coverage ratios
n) Valuation price ratios
o) And many others

Q. 5 Mr. Kevin is a CFO of a multinational company. What would be his role and responsibilities
in the company?

Ans;- The CFO (Chief Financial Officer) is fervently hated by the workers. He is thoroughly despised
by other managers, mostly for scrutinizing their expense accounts. He is dreaded by the owners of the
firm because his powers that often outweigh theirs. Shareholders hold him responsible in annual
meetings. When the financial results are good – they are attributed to the talented Chief Executive
Officer (CEO). When they are bad – the Chief Financial Officer gets blamed for not enforcing budgetary
discipline. It is a no-win, thankless job. Very few make it to the top. Others retire, eroded and
embittered.

The job of the Chief Financial Officer is composed of many elements. Here is a universal job description
which is common throughout the West.

Organizational Affiliation

The Chief Financial Officer is subordinated to the Chief Executive Officer, answers to him and regularly
reports to him.

The CFO is in charge of:

1. The Finance Director

2. The Financing Department
3. The Accounting Department which answers to him and regularly reports to him.

Despite the above said, the CFO can report directly to the Board of Directors through the person of the
Chairman of the Board of Directors or by direct summons from the Board of Directors.
In many developing countries, this would be considered treason – but, in the West every function holder
in the company can – and regularly is – summoned by the (active) Board. A grilling session then ensues:
debriefing the officer and trying to spot contradictions between his testimony and others’. The structure
of business firms in the USA reflects its political structure. The Board of Directors resembles Congress,
the Management is the Executive (President and Administration), the shareholders are the people. The
usual checks and balances are applied: the authorities are supposedly separated and the Board criticizes
the Management.

The same procedures are applied: the Board can summon a worker to testify – the same way that the
Senate holds hearings and cross-questions workers in the administration. Lately, however, the
delineation became fuzzier with managers serving on the Board or, worse, colluding with it. Ironically,
Europe, where such incestuous practices were common hitherto – is reforming itself with zeal
(especially Britain and Germany).

Developing countries are still after the cosy, outdated European model. Boards of Directors are rubber
stamps, devoid of any will to exercise their powers. They are staffed with cronies and friends and family
members of the senior management and they do and decide what the General Managers tell them to do
and to decide. General Managers – unchecked – get involved in colossal blunders (not to mention
worse). The concept of corporate governance is alien to most firms in developing countries and
companies are regarded by most general managers as milking cows – fast paths to personal enrichment.

Functions

(1) To regulate, supervise and implement a timely, full and accurate set of accounting books of the firm
reflecting all its activities in a manner commensurate with the relevant legislation and regulation in the
territories of operation of the firm and subject to internal guidelines set from time to time by the Board
of Directors of the firm.

This is somewhat difficult in developing countries. The books do not reflect reality because they are "tax
driven" (i.e., intended to cheat the tax authorities out of tax revenues). Two sets of books are maintained:
the real one which incorporates all the income – and another one which is presented to the tax
authorities. This gives the CFO an inordinate power. He is in a position to blackmail the management
and the shareholders of the firm. He becomes the information junction of the firm, the only one who has
access to the whole picture. If he is dishonest, he can easily enrich himself. But he cannot be honest: he
has to constantly lie and he does so as a life long habit.

He (or she) develops a cognitive dissonance: I am honest with my superiors – I only lie to the state.

(2) To implement continuous financial audit and control systems to monitor the performance of the
firm, its flow of funds, the adherence to the budget, the expenditures, the income, the cost of sales
and other budgetary items.

In developing countries, this is often confused with central planning. Financial control does not mean
the waste of precious management resources on verifying petty expenses. Nor does it mean a budget
which goes to such details as how many tea bags will be consumed by whom and where. Managers in
developing countries still feel that they are being supervised and followed, that they have quotas to
complete, that they have to act as though they are busy (even if they are, in reality, most of the time,
idle). So, they engage in the old time central planning and they do it through the budget. This is wrong.
A budget in a firm is no different than the budget of the state. It has exactly the same functions. It is a
statement of policy, a beacon showing the way to a more profitable future. It sets the strategic (and not
the tactical) goals of the firm: new products to develop, new markets to penetrate, new management
techniques to implement, possible collaborations, identification of the competition, of the relative
competitive advantages. Above all, a budget must allocate the scarce resources of the firm in order to
obtain a maximum impact (=efficiently). All this, unfortunately, is missing from budgets of firms in
developing countries.

No less important are the control and audit mechanisms which go with the budget. Audit can be external
but must be complemented internally. It is the job of the CFO to provide the management with a real
time tool which informs them what is happening in the firm and where are the problematic, potential
problem areas of activity and performance.

Additional functions of the CFO include:

(3) To timely, regularly and duly prepare and present to the Board of Directors financial statements
and reports as required by all pertinent laws and regulations in the territories of the operations of the
firm and as deemed necessary and demanded from time to time by the Board of Directors of the Firm.

The warning signs and barbed wire which separate the various organs of the Western firm (management
from Board of Directors and both from the shareholders) – have yet to reach developing countries. As I
said: the Board in these countries is full with the cronies of the management. In many companies, the
General Manager uses the Board as a way to secure the loyalty of his cronies, friends and family
members by paying them hefty fees for their participation (and presumed contribution) in the meetings
of the Board. The poor CFO is loyal to the management – not to the firm. The firm is nothing but a
vehicle for self enrichment and does not exist in the Western sense, as a separate functional entity which
demands the undivided loyalty of its officers. A weak CFO is rendered a pawn in these get-rich-quick
schemes – a stronger one becomes a partner. In both cases, he is forced to collaborate, from time to time,
with stratagems which conflict with his conscience.

It is important to emphasize that not all the businesses in developing countries are like that. In some
places the situation is much better and closer to the West. But geopolitical insecurity (what will be the
future of developing countries in general and my country in particular), political insecurity (will my
party remain in power), corporate insecurity (will my company continue to exist in this horrible
economic situation) and personal insecurity (will I continue to be the General Manager) combine to
breed short-sightedness, speculative streaks, a drive to get rich while the going is good (and thus rob the
company) – and up to criminal tendencies.

(4) To comply with all reporting, accounting and audit requirements imposed by the capital markets
or regulatory bodies of capital markets in which the securities of the firm are traded or are about to
be traded or otherwise listed.

The absence of a functioning capital market in many developing countries and the inability of
developing countries firms to access foreign capital markets – make the life of the CFO harder and
easier at the same time. Harder – because there is nothing like a stock exchange listing to impose
discipline, transparency and long-term, management-independent strategic thinking on a firm. Discipline
and transparency require an enormous amount of investment by the financial structures of the firm:
quarterly reports, audited annual financial statements, disclosure of important business developments,
interaction with regulators (a tedious affair) – all fall within the remit of the CFO. Why, therefore,
should he welcome it?

Because discipline and transparency make the life of a CFO easier in the long run. Just think how much
easier it is to maintain one set of books instead of two or to avoid conflicts with tax authorities on the
one hand and your management on the other.

(5) To prepare and present for the approval of the Board of Directors an annual budget, other
budgets, financial plans, business plans, feasibility studies, investment memoranda and all other
financial and business documents as may be required from time to time by the Board of Directors of
the firm.

The primal sin in developing countries was so called “privatization”. The laws were flawed. To mix the
functions of management, workers and ownership is detrimental to a firm, yet this is exactly the path
that was chosen in numerous developing countries. Management takeovers and employee takeovers
forced the new, impoverished, owners to rob the firm in order to pay for their shares. Thus, they were
unable to infuse the firm with new capital, new expertise, or new management. Privatized companies are
dying slowly.

One of the problems thus wrought was the total confusion regarding the organic structure of the firm.
Boards were composed of friends and cronies of the management because the managers also owned the
firm – but they could be easily fired by their own workers, who were also owners and so on. These
incestuous relationships introduced an incredible amount of insecurity into management ranks (see
previous point).

(6) To alert the Board of Directors and to warn it regarding any irregularity, lack of compliance, lack
of adherence, lacunas and problems whether actual or potential concerning the financial systems, the
financial operations, the financing plans, the accounting, the audits, the budgets and any other
matter of a financial nature or which could or does have a financial implication.

The CFO is absolutely aligned and identified with the management. The Board is meaningless. The
concept of ownership is meaningless because everyone owns everything and there are no identifiable
owners (except in a few companies). Absurdly, Communism (the common ownership of means of
production) has returned in full vengeance, though in disguise, precisely because of the ostensibly most
capitalist act of all, privatization.

(7) To collaborate and co-ordinate the activities of outside suppliers of financial services hired or
contracted by the firm, including accountants, auditors, financial consultants, underwriters and
brokers, the banking system and other financial venues.

Many firms in developing countries (again, not all) are interested in collusion – not in consultancy.
Having hired a consultant or the accountant – they believe that they own him. They are bitterly
disappointed and enraged when they discover that an accountant has to comply with the rules of his
trade or that a financial consultant protects his reputation by refusing to collaborate with shenanigans of
the management.

(8) To maintain a working relationship and to develop additional relationships with banks, financial
institutions and capital markets with the aim of securing the funds necessary for the operations of the
firm, the attainment of its development plans and its investments.
One of the main functions of the CFO is to establish a personal relationship with the firm’s bankers. The
financial institutions which pass for banks in developing countries lend money on the basis of personal
acquaintance more than on the basis of analysis or rational decision making. This "old boy network"
substitutes for the orderly collection of data and credit rating of borrowers. This also allows for
favouritism and corruption in the banking sector. A CFO who is unable to participate in these games is
deemed by the management to be "weak", "ineffective" or "no-good". The lack of non-bank financing
options and the general squeeze on liquidity make matters even worse for the finance manager. He must
collaborate with the skewed practices and decision making processes of the banks – or perish.

(9) To fully computerize all the above activities in a combined hardware-software and
communications system which integrates with the systems of other members of the group of
companies.

(10) Otherwise, to initiate and engage in all manner of activities, whether financial or other,
conducive to the financial health, the growth prospects and the fulfillment of investment plans of the
firm to the best of his ability and with the appropriate dedication of the time and efforts required.

It is this point that occupies the working time of Western CFOs. It is their brain that is valued – not their
connections or cunning acts.

Q. 6 Give a note on strategies that improve sales.

Ans:- Strategies to Improve Sales

There are three alternatives to improve the sales performance of a business unit, to fill the gap between
actual sales and targeted sales:

a) Intensive growth
b) Integrative growth
c) Diversification growth

a) Intensive Growth:

It refers to the process of identifying opportunities to achieve further growth within the company’s
current businesses. To achieve intensive growth, the management should first evaluate the available
opportunities to improve the performance of its existing current businesses.

It may find three options:

• To penetrate into existing markets

• To develop new markets
• To develop new products

At times, it may be possible to gain more market share with the current products in their current markets
through a market penetration strategy. For instance, SONY introduced TV sets with Trinitron picture
tubes into the market in 1996 priced at a premium of Rs.10,000 and above over the market through a
niche market capture strategy. They gradually lowered the prices to market levels. However, it also
simultaneously launched higher-end products (high-technology products) to maintain its global image as
a technology leader. By lowering the prices of TVs with Trinitron picture tubes, the company could
successfully penetrate into the markets to add new customers to its customer base.

Market Development Strategy is to explore the possibility to find or develop new markets for its current
products (from the northern region to the eastern region etc.). Most multinational companies have been
entering Indian markets with this strategy, to develop markets globally. However, care should be taken
to ensure that these new markets are not low density or saturated markets, which could lead to price
pressures.

Product Development Strategy involves consideration of new products of potential interest to its current
markets (e.g. Gramaphone Records to Musical Productions to CDs)– as part of a Diversification
strategy.

Study the following example to understand what Product Development Strategy is.

MICROSOFT’s New Strategy

It is called PC-plus. It has three elements:

a) Providing computer power to the most commonly used devices such as cell phone, personal
computer, toaster oven, dishwasher, refrigerator, washing machines and so on.
b) Developing software to allow these devices to communicate.
c) Investing heavily to help build wireless and high-speed internet access throughout the world to
link it all together.

Microsoft envisions a home where everyday appliances and electronics are smart. According to Bill
Gates, ‘In the near future, PC-based networks will help us control many of our domestic matters with
devices that cost no more than $ 100 each ‘.

It is also said at Microsoft that VCRs can be programmed via e-mail, laundry washers can be designed
to send an instant message to the home computer when the load is done and refrigerators can be made to
send an e-mail when there’s no more milk. Microsoft plans to give these appliances ‘brains‘ and provide
them the means to talk to each other through their Windows CE Operating System.

b) Integrative Growth:

It refers to the process of identifying opportunities to develop or acquire businesses that are related to
the company’s current businesses. More often, the business processes have to be integrated for linear
growth in the profits. The corporate plan may be designed to undertake backward, forward or horizontal
integration within the industry.

If a company operating in music systems takes over the manufacturing business of its plastic material
supplier, it would be able to gain more control over the market or generate more profit. (Backward
Integration)

Alternatively, if this company acquires some of its most profitably operating intermediaries such as
wholesalers or retailers, it is forward integration. If the company legally takes over or acquires the
business of any of its leading competitors, it is called horizontal integration (however, if this competitor
is weak, it might be counter-productive due to dilution of brand image).
c) Diversification Growth:

It refers to the process of identifying opportunities to develop or acquire businesses that are not related
to the company’s current businesses. This makes sense when such opportunities outside the present
businesses are identified with attractive returns and that industry has business strengths to be successful.
In most cases, this is planned with new products that have technological or marketing synergies with
existing businesses to cater to a different group of customers (Concentric Diversification).

A printing press might shift over to offset printing with computerised content generation to appeal to
higher-end customers and also add new application areas ( Horizontal Diversification ) – or even sell
stationery.

Alternatively, the company might choose new businesses that have nothing to do with the current
technology, products or markets (Conglomerate Diversification).

The classic examples for this would be engineering and textile firms setting up software development
centres or Call Centres with new service clients.

Situation AnalysisSales Improvement Strategies:

a) A supplier of computer stationery invests in a computer stationery manufacturing unit.

b) A vendor supplying engine boxes to Maruti decides to supply the same with modifications to
Hyundai.
c) A company dealing in computer floppies plans to set up a Software Technology Park.