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  • 1. Needs Assessment Guide How to prepare clear and comprehensive instructions for Dilanchian K now M anage L ead Contents What We Do 10 Positioning Statement 9 Negotiations 8 Business Mapping 7 Business Model 6 Value Chain 5 Process Map 4 Supporting Documents 3 Contracting Framework 2 Needs Assessment 1
  • 2. 1. Needs Assessment
    • To advise you, at the start of any new project we need the background facts, documents and information. You can either collect and supply these, or we can gather them from you. This process is called “taking your instructions” or “needs assessment”. The process involves time hence costs.
    • To deliver value for money we use ways to reduce the time taken for needs assessment. These include asking you to fill in templates, supplying you with informational guides, conducting working meeting with you and supplying reading material for you. Telling us your situation over the phone is not enough on its own.
    • We can increase the speed of our work for you and reduce fees the quicker we get information to assess:
      • your organisation , in management terms, focusing on practical and commercial relationships between stakeholders;
      • your operations , focusing on linking offerings, business functions, processes, and systems;
      • your projects (which ideally may already be standardised and productised) and their legal relationships with your collaborators and third parties; and
      • your products or services , around which we often help you build legal “fortress walls of protection”.
    This guide helps you to minimise time and costs and helps us improve results for you.
  • 3. 2. Contracting Framework If we are to prepare a contract for you, we need your plans. Aspects of this framework are detailed in subsequent slides. Exactly how will you make money or add value? Write down and test your business model. What is your company or organisation structure? Precisely how and what do you charge for your offering? What are the links between your assets, people and projects? What records have you prepared of the deal and negotiations? Record Management Contract Planning Documents Asset Evaluation Asset Management Terms & Conditions Organisation’s Policy & Procedures Manuals eg intellectual property policy , regulatory compliance policy, operations manuals The Deal The Contract Asset Organisation’s Plans eg strategic plan, R&D plan, marketing plan, training plan, corporate plan, product plans The Contract Transaction The Plan The Contract Asset Organisation’s Key Goals eg as regards use of e-commerce, pricing policy, staff training, productivity, service levels Contract Management Feedback
  • 4.
    •   In complex projects, it is best for you to also prepare and supply:
    • your product graphics ( illustrates the product or service offering for better communication) ;
    • your product glossary (defines key words , technical terms, jargon, and product components to create a full description in writing ) ;
    • your product map (maps link s between the different components , parts or elements of a product or service ) ;
    • your product definition ( describes the product (ideally in a sentence, a paragraph, and a full page) and provides names and definitions of each component) ; and
    • your other documentation – see subsequent slides (process map, value chain, business model definition and organisational structure.
    In many transactions it is vital to prepare a set of non-legal supporting documents which define the product, service , technology, system , franchise or other intellectual property asset . The documents help in negotiations, deal making and the preparation of legal documents. Without them, contract drafting and other legal work may fail to address practical, commercial, managerial issues as well as legal issues. In complex projects, before legal drafting work begins, it is best to prepare a project plan . 3. Supporting D ocuments - Defining Products These supporting documents form the foundation for our efficient legal document preparation work for you .
  • 5. Client Company IP Assets Registered trade mark No. 556789 “CareChair” Pending Mark No. 000 "CaringChair” 4. Process Map Illustrated here is an example of a Process Map. We use a Process Map to define a company or other organisation and its legally relevant processes, project or transaction. The focus of a Process Map is on links, within and between processes, in the context of a particular project or business situation. Practically speaking, it is a picture of  your process answering these questions : Manufacturers They will make chairs Client Company Pty Ltd It will own the assets Joe Bloggs Inventor of the chair idea, “assisted” by Fred Nurk Suppliers They will supply chair parts to manufactures Customers They will buy online Currently a verbal agreement giving Joe Bloggs a share of the “profits” Retailers They will sell chairs Client Company will provide all marketing and advertising These “partners” will pay Client Company a royalty per chair they produce or sell CareChair Process Map Future Contracts Needed
    • what companies or entities are involved?
    • what IP is involved?
    • what agreements are in place?
    • how do you reach and deal with customers?
    • what do you do as your typical first steps with customers?
    • what in-house standard forms do you use (eg forms, typical email statements, letters)?
    • where does the work to be done by Dilanchian fit in the process?
  • 6.
    • STEPS
    • Fill out order form if phone order or receive online order
    • Obtain customer details and add to database
    • Send customer terms and conditions of trade
    • If applicable, send customer invoice for up-front payment
    • Obtain confirmation (and payment if applicable) and forward order to processing.
    5. Workflow and Value Chain A Value Chain focuses on refinement within and between the processes of a business to add value. ORDER Receive order from potential customer PROCESS Evaluate and process order DELIVER Deliver products and follow up STEPS 6. Obtain required materials to fill order 7. Customise design for product if applicable 8. Confirm design with customer 9. Build product in accordance with company procedures 10. Supervisor check STEPS 11. Package and send product 12. Send invoice for outstanding balance with product 13. Obtain confirmation of receipt of product from customer 14. Send payment reminder notice, if applicable 15. Send feedback form 16. Add customer details to broadcast email list for marketing Send customer confirmation of order Check and test product in accordance with quality control procedures Using it we can more easily identify and protect your liability and refine your processes and forms.
  • 7. Have you defined your business model? It helps test visions and set directions to execute more efficiently. According to Richard Rosenbloom and Prof. Henry Chesbrough, t he functions of a business model are as follows: 6. Business Model
    • To articulate the value proposition, that is, the value created for users by the offering based on the technology.
    • To identify a market segment, that is, the users to whom the technology is useful and the purpose for which it will be used.
    • To define the structure of the firm's value chain, which is required to create and distribute the offering, and to determine the complementary assets needed to support the firm's position in this chain.
    • To specify the revenue generation mechanism(s) for the firm, and estimate the cost structure and target margins of producing the offering, given the value proposition and value chain structure chosen.
    • To describe the position of the firm within the value network linking suppliers and customers, including identification of potential complementary firms and competitors.
    • To formulate the competitive strategy by which the innovating firm will gain and hold advantage over rivals.
    Prof. Henry Chesbrough
  • 8. A mission statement clarifies why your organisation exists and who it serves. B y sharpening the following focal points to improve performance , a positioning statement further clarifies intensions and your organisation’s message to its market : 7. Positioning Statement What is positioning ? “ Positioning ” is a marketing concept. It is marketing communication shaping or influencing customer perceptions for an offering or organisation to occupy a clear, distinctive and desirable market position. It helps market segmentation. The concept is applied in this KML Key to all business functions , as they are all involved in commercialisation, not just the marketing function. Positioning improves the opportunity for successful commercialisation. Positioning provides a map for cross-functional integration and targeted or focused effort in all business processes. Message to Stakeholders <Your Unique Selling Proposition> (Differentiation – from competition) USP <Key benefit – value proposition> Value-add <Compelling reason to buy> Why <Your product/service offerings> What <Your target customers> Who
  • 9. I mportant D isclaimer This document is an overview for general guidance only. It does not replace the need for advice on individual cases. For specific advice your particular circumstances must be taken into account. | Copyright © Dilanchian 2001-2008 Liability limited under a scheme approved under Professional Standards Legislation Dilanchian is a law firm of specialist lawyers and consultants with decades of experience in business law.  Use us to protect, register, contract, manage and commercialise your intellectual property and intellectual assets. Intellectual Property Law Business Law Intellectual Assets Management Entrepreneurship Support Your Needs Our Solutions