Huge changes are taking place with the way google ranks websites and pages on them, and the implications are significant in many ways.

There is a big industry associated with optimising websites to rank highly in google, known as Search Engine Optimisation (SEO). For the last 10 years or so, whilst there are other factors, perhaps the most important factor for any given site and pages on that site to rank on the all important page 1 of google search results organically ie not pay per click has been the quality and quantity of inbound relevant links from other websites.

Given that being on page 1 creates a lot of visitors, enquiries and work, there is fierce competition and so SEO workers have often pushed hard for inbound links, and most end up paying, one way or another for a proportion if not high proportion of links. Google in turn has always known this and historically has had a policy of mostly ignoring links which are garnered from automated sources or clearly paid for. But google has changed it’s policy drastically and fast and is now penalising what it considers to be attempts to manipulate the rankings, with sites being demoted fast, literally in the millions.

Aside from the fact that many clients and SEO people are furious that google has changed things so radically, and many say that the search engine results are currently appalling because good sites, albeit that they have “played the game” with google are being replaced by sites that have not bothered with any seo so cannot be penalised. In not bothering with seo, in some sectors this means, not bothering with content either, which sort of ridicules google’s claims that they want great content to replace over optimisation as they have called it.

The real agenda from google may be to make seo so uncertain and expensive that businesses revert to more pay per click which is if course google’s bread and butter.

Anyway, on to the legal position. Some businesses are threatening to sue google, although we doubt thgis will happen for 2 reasons :-

1. the google search index is google property, they can allow people in, change the rules etc as they wish

2. google would argue that those penalised have breached their rules

So, who else might be in the firing line ? Well, a lot of businesses who have been hit hard are appealing to google on the basis they have a rogue seo consultant who got links without their consent. Google is pretty unsympathetic to this, so is the underlying position that litigation may arise between the client and seo provider ?

Perhaps, but it would of course depend on the contract, if any, between the seo company or person and client/ If the terms and conditions aren’t clear on the policies which the seo company might use to links etc then there could well be disputes, certainly loss of revenue is happening on a big scale due to these changes. The seo company might counter argue that the client knew full well that google changes it’s rules regularly, as it sees fit (although the current penalties are unprecedented in type and scale) and that rankings under the old way google worked could only be achieved by procuring links in whatever way necessary.

It does look like this google upheaval will create a lot of fall out and we suspect quite a bit of litigation, so we will keep a close eye on developments and report anything interesting.

Any view on the above ?

Small to medium business enterprises have been core of the capitalism for many decades.  Not only they provide huge boost to the economy by being responsible for over 50% of workplaces in the private sector, but also with the growth of young and dynamic IT companies, hold increasing number of valuable intellectual property rights including copyrights, trademarks and patents.

With the recent surge in acquisitions, mergers and takeovers of small businesses by large corporate entities it becomes increasingly important for small business owners to become more aware of issues associated with intellectual property protection and due diligence.

Although global statistics for patent and trademark applications grew by 7.2% and 11.8% in 2010, according to the World Intellectual Property Organisation there is still a large proportion of small enterprises that fail to implement adequate IP protection mechanisms.

In its recent publication the United States Patent and Trademark Office reports that patent filings by small businesses in the United States are quite rare and that small businesses fail to sufficiently protect trademarks, copyrights and trade secrets. Interestingly, non-patentable trade secrets are relatively easy to protect by non-disclosure agreements with staff members.

What are the causes of failure to implement sufficient intellectual property protection measures?

High Costs Misconception

The recently published American data demonstrates that vast amount of businesses do not implement appropriate protection measures due to their cost. The reason comes as a big surprise for a number of reasons. Firstly, it is possible to register a trademark in the US for not more than $500.00. It is true that patents are more expensive and here the fees for maintenance can run into a few thousand dollars. However, businesses need to understand that saving on IP protection in short-term will be far more costly in the long-term. Many businesses work hard and spend a lot of their financial resources to develop innovative and original concepts that later on can bring profits. By not protecting innovations properly you risk the idea being also used by somebody else and losing majority of its value. Moreover, without sufficient protection in place you will not be able to approach any potential buyers as firstly they will be in a position to go away and develop your idea themselves or secondly they will be worried that since your idea has not been protected it might have already been copied by somebody else.

By comparison the fees in the UK are even lower. At this time application for trademark registration in relation to goods or services within one class costs £250.00. Any additional class costs only £50.00 to register.

On the other side of the venue we have companies that recognise true value of intellectual property rights and follow legal procedures to ensure full protection. These companies not only enjoy the peace of mind but also can more effectively profit from their innovations and attract potential investment from venture capitalists.