Legal issues in benchmarking

Abstract

The pursuit of organisational excellence requires the efficient acquisition and use of knowledge, but this is potentially problematical from a legal context. A particular case in point is benchmarking, a required aspect of the EFQM Excellence Model but which is potentially contrary to intellectual property law and competition law. Knowledge acquired through the practice of benchmarking constitutes a diverse range of potentially and commercially exploitable information. The contribution to organisational excellence by the successful transfer of knowledge to companies is potentially major. A methodology through which companies can receive and subsequently exploit knowledge is through the practice of benchmarking. Benchmarking is an organisational improvement methodology centred on measuring current practices and comparing exogenous entities and subsequent implementation. A central feature of benchmarking as it is practised in the West at present is information flow that takes place between benchmarking partners through a variety of mechanisms including informal undertakings or collaborative efforts. This paper examines the interface between benchmarking and the law, specifically intellectual property and competition law.

Učenje na delovnem mestu v kontekstu visokošolskega praktičnega usposabljanja

“…Opravili smo primerjalno presojanje PU v študijskih programih na področju turizma v Sloveniji. Primerjalna/medorganizacijska ali medoddelčna presoja (benchmarking) pomeni primerjavo stanja organizacije (ali dela organizacije) z drugimi, praviloma boljšimi organizacijami in na tej podlagi izboljšanje delovanja (Kralj, 2005;Boulter, 2003). Namen presojanja je priti do spodbud za inoviranje, spreminjanje programov, izboljšanje organiziranosti in postopkov, nižje stroške ipd.…”

Capacity Building for Internationalization at a Technical University in Kazakhstan

“…When benchmarking, it is recommended that a set of practical tools are applied to diagnose, improve, collaborate, constantly compare, and measure progress. To analyze internationalization at a technical university, also we used benchmarking tools, such as questionnaire design and administration, interviewing, and an analysis of etiquette and legal issues [18,25,26].…”

Development and application of a benchmarking information system in clusters of SMEs

“…A very critical issue of the benchmarking practice relates to legal aspects and ethics in the relationships between partners. Boulter (2003) presents the circumstances in which intellectual property should be protected. Concerning the relationship with benchmarking partners, the Benchmarking Clearinghouse of the American Productivity and Quality Center (APQC, 2004) has produced a code of conduct for an effective, efficient and ethical benchmarking process.…”