Module 3

WIPO FOR OFFICIAL USE ONLY

Assignment 2

Client File Note:

Liam and Olivia work in the marketing and design department of MiaKora, an innovative food
technology company. Ella is a food microbiologist and she works as a senior researcher in
the research and development (R&D) department at MiaKora.

One hot summer’s day in December 2017 Olivia and Liam were sitting in the gardens
surrounding the MiaKora manufacturing plant taking their lunch break. While drinking their
tepid lemonade drinks, they come up with the brilliant idea of designing an environmentally
friendly self-chilling can. They agreed that the name “Cold Can” would be perfect.

Neither of them has any scientific training so they consulted their scientist colleague and
friend, Ella, who also works at MiaKora. As noted above, Ella works in the R&D department
at MiaKora. Liam and Olivia asked Ella whether their idea for the “Cold Can” was
scientifically possible. Ella suggested that the way to proceed might be to use vacuum heat-
pump technology, rather like a refrigerator, and a double-walled can, rather like a vacuum
flask.

During the last six months Ella developed an isotonic/sports drink. Her drink contains all the
ingredients that help athletes replace water and electrolytes and restore energy after
training. The drink has a very particular taste and colour, which makes it enjoyable and
differentiates it from existing drinks. Ella believes that her isotonic drink will become a
success as currently there is nothing comparable on the market (in terms of efficacy, colour
and taste).

Extracts of a plant that grows in a secluded area in the South Island of New Zealand (whose
qualities are not widely known) is a key ingredient of the isotonic drink. Ella has combined
the extract with other commonplace ingredients under specific temperatures and with the
use of a specific method. Ella is not sure whether she should apply for a patent for the
isotonic drink or if she should opt for trade secret protection. She seems to favour the latter
option because it is cheaper.

Task:
Address the following in advice to the three friends:
 The classification of technological innovation and its application to the work Ella has
been doing;
 The link between this type of innovation and intellectual property protection; and
 Advice to Ella on the implications of choosing either patent protection or trade secret
protection for the isotonic/sports drink.