Manufacturers: Noncompete Decision Threatens Manufacturers’ Ability to Protect IP
Washington, D.C. – Following the Federal Trade Commission’s vote in favor of a rule that would prohibit employers and their employees from entering noncompete agreements, National Association of Manufacturers Managing Vice President of Policy Chris Netram released the following statement:
“The FTC’s rule banning noncompete agreements is unprecedented and threatens manufacturers’ ability to attract and retain talent. In addition, today’s action puts at risk the security of intellectual property and trade secrets—anathema to an industry that accounts for 53% of all private-sector R&D.
“An NAM survey found that 66% of respondents—manufacturers of all sizes—said the ban would interfere with their operations, and nearly half said it would impact employee training programs. The ban could force manufacturers to revamp their human capital operations completely, enact burdensome controls or silo parts of their operations from each other, which would result in less training for employees, less collaboration, less innovation and less efficiency. The NAM will weigh all options in response to the commission’s vote, so that well-paying manufacturing jobs and innovation are not compromised.”
-NAM-
The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.89 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.
Proposed “Right-to-Repair” Exemptions Would Hurt Manufacturers, Consumers
The NAM testified before the U.S. Copyright Office last week, explaining how two proposed exemptions from copyright protections would weaken manufacturers’ intellectual property rights, do significant harm to their businesses and potentially endanger consumers.
What’s going on: The Copyright Office is considering whether to recommend two exemptions from the Digital Millennium Copyright Act that would allow users to circumvent measures protecting copyrighted content.
- One proposal was designed to allow the so-called “right-to-repair” by enabling access to operational data (including diagnostic and telematics data) from automobiles, agricultural vehicles, marine vessels and more. The other is focused on industrial equipment.
NAM speaks out: “The basis of the so-called ‘right-to-repair’ movement hinges on the false notion that owners do not have the ability to repair their own equipment,” NAM Vice President of Domestic Policy Charles Crain said at the recent hearing. “The truth, however, is that the majority of [original equipment manufacturers] already provide a wide range of resources and tools that allow users—and third-party repair businesses—to maintain, diagnose and repair products.”
- The NAM previously submitted comments urging the Copyright Office not to adopt the proposed exemptions.
Why it’s important: “These exemptions would undermine manufacturers’ IP rights in service of right-to-repair—and the record does not support their adoption,” Crain continued.
- The exemptions are too broad and inadequately defined, and their proponents have “failed to show that users will be adversely affected absent the ability to circumvent [copyright law].”
- What’s more, the exemptions “would expose proprietary information to public consumption and use, likely endangering consumers and allowing for unlawful modifications of government-mandated safety and emissions limits.”
The last word: “In short, right-to-repair is a solution in search of a problem,” Crain said.
NAM Helps Strike Forced IP Transfer from WHO Draft
In a significant change that protects manufacturers’ intellectual property rights, an updated draft of the World Health Organization’s pandemic agreement no longer includes IP language that would have pressured or compelled manufacturers to turn their innovations over to foreign countries, including competitors such as China, POLITICO Pro (subscription) reports.
- Convincing organizations such as the WHO to reject forced IP transfers has been a top priority for the NAM, and this week’s announcement represents significant progress for manufacturers.
What’s going on: “The latest text has scrapped a clause stating countries will ‘consider supporting’ time-bound suspensions of intellectual property rights during pandemics. Instead, each country will consider supporting ‘appropriate measures’ to scale up the manufacture of products that could help stymie a future pandemic.”
- The draft is set to be put to WHO members next month for a vote at the 77th World Health Assembly in Geneva, Switzerland.
- Subject to applicable laws, under the draft agreement countries will also be required to “support … capacity-building for the transfer of technology and knowhow for pandemic-related health products on mutually agreed terms.”
- The text indicates that the pathogen access and benefit sharing system—which would require nations to share pathogen information “with the WHO in exchange for access to the resulting health products developed to fight the new threat”—is still under negotiation. Thus far, countries have been unable to agree on the terms of that exchange.
Why it’s important: IP waivers would significantly harm manufacturers and their ability to compete globally.
- The NAM led the charge with regard to the World Trade Organization earlier this year, when it warned policymakers in the U.S. and abroad about the problems inherent in expanding the WTO’s 2022 TRIPS waiver on IP rights to include COVID-19 therapeutics and diagnostics.
- As a result of that advocacy, the waiver was ultimately kept out of the WTO’s final Ministerial Declaration last month.
- In addition, in January, the NAM responded to the U.S. Department of Health and Human Services’ request for comments regarding the WHO’s pandemic preparedness agreement. The NAM urged that any IP waiver be removed from the WHO text.
The funding issue: Another challenge the WHO text puts off is the financing of all the initiatives it lays out.
- While it mentions establishing a “coordinating financial mechanism,” it does not detail how the mechanism would work.
How Will AI-Run Factories Be Different?
A common theme in science fiction is the fully automated, robotized factory that manufactures nothing but robots. We’re not there yet, but the fully automated manufacturing plant has already begun making everyday products, including computer parts, electric shavers and CNC machines.
The promise of AI: Now generative AI is promising to take manufacturing automation manufacturing to a new level.
- At the 2023 Hannover Messe trade fair in Hanover, Germany, Siemens and Microsoft showcased an offering now in use in factories worldwide: a system that uses ChatGPT to generate code for industrial computers known as programmable logic controllers. (For a deeper dive into what this means for manufacturing, read the full version of this article by Tim Hornyak in the Innovation Research Interchange’s Research-Technology Management magazine.)
Why it’s important: The innovation allows users to ask ChatGPT to generate code for specific tasks (i.e., a program to operate the stamping of a part).
- In addition to saving time and reducing the likelihood of errors, it is capable of understanding commands given in natural language, a characteristic that vastly increases the number of potential users.
Efficient designs: Creating more efficient designs is another early use case for generative AI.
- General Motors has used the technology to evaluate better designs for some of the roughly 30,000 parts that go into the average car. For example, a standard seat bracket—an important safety component that binds seatbelt fasteners to seats as well as seats to the floor of the car—consists of eight separate pieces welded together.
- Generative-design software used by GM analyzed the requirements and suggested more than 150 alternative designs, far more than the two or three options a designer can typically offer. GM engineers chose one: a single piece of stainless steel that is 40% lighter and 20% stronger than the conventional part.
Pharma applications: Generative AI looks promising for the pharmaceutical industry, too, given its potential for cutting costs and drug time to market.
- Merck has used generative AI to create synthetic images of complex but rare defects, a group for which training data are limited. The drugmaker’s quality-control sensors use the synthetic images to watch for novel defects.
Other potential use cases: The possible uses for generative AI in other areas is vast and includes the following:
- Reducing time and cost involved in creating physical prototypes
- Automating search and summary of documents related to manufacturing equipment, which would speed repairs and maintenance
- Accelerating supply chain operations by forecasting demand patterns, minimizing production downtime and suggesting better transport routes
- Customizing products or solutions to better suit customer needs
- Forecasting raw materials needs, optimizing production schedules and identifying production inefficiencies
However … Generative AI in manufacturing is not without its challenges. The energy cost to power a single server rack in the U.S. is $30,000 a year.
- Just one training run for an AI engine consumes the power equivalent of 120 U.S. households per year.
- With the reliance on large datasets, manufacturers are concerned about data privacy and security, necessitating robust data-protection measures.
- The integration of AI in manufacturing may require a change in workers’ skillsets and corporate culture.
- As AI plays a more significant role in decision-making, ethical questions about bias and accountability are emerging.
- Manufacturers have to ensure that AI systems operate fairly and transparently.
Find out more: AI in manufacturing is just one of the timely topics covered in depth in Research-Technology Management, the journal of the IRI, the NAM’s innovation division. Learn more.
The MI Honors 2024 Women MAKE Award Winners
The Manufacturing Institute—the NAM’s 501(c)(3) workforce development and education affiliate—had ample reason to celebrate last night.
What went on: The MI held the 2024 Women MAKE Awards gala, a night that recognizes outstanding women in manufacturing. Each year, the awards pay special tribute to 100 peer-nominated women leaders (“Honorees”) and 30 rising female stars (“Emerging Leaders,” women under the age of 30) in the industry.
- The event, held this year at The Anthem—a waterfront concert venue in Washington, D.C.—was sponsored by Caterpillar, Toyota, BASF, Trane Technologies, International Paper, Johnson & Johnson, Novelis and others.
- It featured a vocal performance by singer Loren Allred, platinum-selling singer-songwriter of “Never Enough” from “The Greatest Showman” musical, who gained widespread fame after appearing on “Britain’s Got Talent” in 2022.
What was said: Caterpillar Group President of Resource Industries, NAM Executive Committee Member and Women MAKE Awards Chair Denise Johnson told the night’s award winners that she’s been “the only woman in a room, or the only woman on a project” many times in her career.
- But “[l]ooking around this theater and seeing the faces of the Honorees and Emerging Leaders tells me that times are changing.”
- She then addressed the honorees directly, saying, “Your success, your work ethic and your stories will inspire the next generation of manufacturing leaders. … You are moving us along toward a future when women are not underrepresented in our industry.”
From Honoree to Vice Chair: Toyota Motor North America Senior Vice President, Electric Vehicle Supply Susan Elkington—a 2014 Honoree of the awards, formerly called the STEP Ahead Awards—was this year’s awards vice chair. She attested to the power of the awards to help women advance in their careers.
- “[T]he Women MAKE network … helped me realize the many qualities and experiences uniting all the women who have been inducted into this amazing network.”
- She noted the cruciality of the MI’s Women MAKE initiative, which “provides a platform for role models and mentors to encourage women to enter the field and succeed in it.”
No limits: NAM President and CEO and MI Chairman of the Board Jay Timmons also discussed the importance of role models, a label aptly applied to all the award nominees.
- Timmons, a parent of three, told the audience that he and his children recently learned the story of 30-year-old Cole Brauer, who last month made history as the first American woman to sail solo nonstop around the world.
- Brauer’s story “sends a message to those—frankly, women or men—who might have been led to believe there were limits to what they could achieve or that their careers might be confined within guardrails,” he said. “Your examples are inspiring people in a similar way. You are powerhouses—your dynamism, your drive, your enthusiasm—all these qualities supercharge modern manufacturing, making our industry an even more powerful force for good.”
“Amazing things”: MI President and Executive Director Carolyn Lee called the nominated women “powerhouses who have accomplished amazing things.”
- “You deserve this recognition for your excellence and for everything you do to uplift others,” Lee told the award nominees. “But we’re not just celebrating. Being here to recognize these winners is shining a light and fueling the work to close the gender and talent gap in manufacturing.”
- Women account for less than one-third of the American manufacturing workforce, she went on, but endeavors such as the MI’s Women MAKE America initiative—the nation’s premier program dedicated to closing the gender gap in the sector—“and companies like yours are committed to closing that gap.”
Learn more: For a full list of this year’s award winners, click here.
How Will AI-Run Factories Be Different?
A common theme in science fiction is the fully automated, robotized factory that manufactures nothing but robots. We’re not there yet, but the fully automated manufacturing plant has already begun making everyday products, including computer parts, electric shavers and CNC machines.
The promise of AI: Now generative AI is promising to take manufacturing automation manufacturing to a new level.
- At the 2023 Hannover Messe trade fair in Hanover, Germany, Siemens and Microsoft showcased an offering now in use in factories worldwide: a system that uses ChatGPT to generate code for industrial computers known as programmable logic controllers. (For a deeper dive into what this means for manufacturing, read the full version of this article by Tim Hornyak in the Innovation Research Interchange’s Research-Technology Management magazine.)
Why it’s important: The innovation allows users to ask ChatGPT to generate code for specific tasks (i.e., a program to operate the stamping of a part).
- In addition to saving time and reducing the likelihood of errors, it is capable of understanding commands given in natural language, a characteristic that vastly increases the number of potential users.
Efficient designs: Creating more efficient designs is another early use case for generative AI.
- General Motors has used the technology to evaluate better designs for some of the roughly 30,000 parts that go into the average car. For example, a standard seat bracket—an important safety component that binds seatbelt fasteners to seats as well as seats to the floor of the car—consists of eight separate pieces welded together.
- Generative-design software used by GM analyzed the requirements and suggested more than 150 alternative designs, far more than the two or three options a designer can typically offer. GM engineers chose one: a single piece of stainless steel that is 40% lighter and 20% stronger than the conventional part.
Read the full story here.
Making the Business Case for Sustainability
Ecolab’s mission hasn’t changed much in more than 100 years. It’s still “bringing science to our customers in a way that drives performance, productivity and less water and energy use.”
- That’s according to Ecolab Chief Sustainability Officer Emilio Tenuta, who says being climate-minded is not only “the right thing to do,” but also at the core of the St. Paul, Minnesota–headquartered water, hygiene and infection-prevention company’s operating model.
A dual purpose: “We make the business case for why sustainability and [profitability] can go hand-in-hand when it comes to driving solutions,” Tenuta told us recently. “It’s why 48,000 Ecolab associates wake up every morning with the feeling, ‘We’re making a real difference in the world.’”
- Ecolab—which recently announced that 100% of its European operations are now powered by renewable energy sources—helps millions of customers worldwide reduce their environmental impact while promoting food safety, maintaining clean environments and optimizing resource use.
- “At Ecolab, we talk about eROI—Exponential Return on Investment,” Tenuta explained. “It’s about understanding that we have the ability to deliver on a business outcome—profitability—while also delivering an environmental impact.”
Don’t forget water: Often neglected in sustainability conversations, Tenuta said, is water. For a full picture of the effect of conservation and innovation efforts on climate, water needs to be factored in.
- “Sometimes we forget the role that water plays in addressing climate change,” he continued. Depending on the type of manufacturing, up to 75% of energy is driven by the water systems. You have to heat it, treat it, pump it, cool it. …Water doesn’t necessarily get the same headlines as climate, but if you follow the water, that’s going to have a lasting impact” on the environment, while also saving you money.
A holistic approach: In addition to being recognized regularly for its environmental stewardship, Ecolab is routinely named to most-ethical-company lists. That’s no accident; to the company, caring for the planet goes hand-in-hand with caring for people, Tenuta told the NAM.
- “Workplace quality is just [one way of] demonstrating a holistic approach to the world,” he said. “That’s how we think about it at Ecolab. It’s for us as a company but it’s also for society as a whole.”
A sustainable partnership: In furtherance of its financial and net-zero emissions goals, the firm recently partnered with Ford to electrify its service and sales vehicles.
- Ecolab—which has “a longstanding relationship dating back almost 100 years” with the automaker, according to Tenuta—has pledged to both halve emissions from its own operations and help its customers reduce their emissions by 6 million metric tonnes by 2030. “To get there, we need to implement initiatives like electrifying our fleet,” he said.
- Under the program, Ecolab will buy and deploy more than 1,000 Ford F-150 Lightning and Mustang Mach-E electric vehicles for its employees in California by 2025. The company will then move to electrify its entire North American sales and service fleet by 2030. “This allows us to support our associates so they can be more productive in their day-to-day work serving our customers and getting to net zero.”
Advice for manufacturers: Achieving sustainable operations doesn’t happen overnight—but undertaking the efforts to get there is well worth manufacturers’ time, Tenuta said.
- “Sustainability requires a multifaceted approach that considers all things: social, emotional, economic. It’s about in some ways taking a longer-term view of progress and opportunity. That can be challenging, but by elevating innovation and long-term commitment, companies can build a more sustainable future … and boost profitability.”
Making the Business Case for Sustainability
Ecolab’s mission hasn’t changed much in more than 100 years. It’s still “bringing science to our customers in a way that drives performance, productivity and less water and energy use.”
- That’s according to Ecolab Chief Sustainability Officer Emilio Tenuta, who says being climate-minded is not only “the right thing to do,” but also at the core of the St. Paul, Minnesota–headquartered water, hygiene and infection-prevention company’s operating model.
A dual purpose: “We make the business case for why sustainability and [profitability] can go hand-in-hand when it comes to driving solutions,” Tenuta told us recently. “It’s why 48,000 Ecolab associates wake up every morning with the feeling, ‘We’re making a real difference in the world.’”
- Ecolab—which recently announced that 100% of its European operations are now powered by renewable energy sources—helps millions of customers worldwide reduce their environmental impact while promoting food safety, maintaining clean environments and optimizing resource use.
- “At Ecolab, we talk about eROI—Exponential Return on Investment,” Tenuta explained. “It’s about understanding that we have the ability to deliver on a business outcome—profitability—while also delivering an environmental impact.”
Don’t forget water: Often neglected in sustainability conversations, Tenuta said, is water. For a full picture of the effect of conservation and innovation efforts on climate, water needs to be factored in.
- “Sometimes we forget the role that water plays in addressing climate change,” he continued. Depending on the type of manufacturing, up to 75% of energy is driven by the water systems. You have to heat it, treat it, pump it, cool it. …Water doesn’t necessarily get the same headlines as climate, but if you follow the water, that’s going to have a lasting impact” on the environment, while also saving you money.
A holistic approach: In addition to being recognized regularly for its environmental stewardship, Ecolab is routinely named to most-ethical-company lists. That’s no accident; to the company, caring for the planet goes hand-in-hand with caring for people, Tenuta told the NAM.
Read the full story here.
From Mentee to Mentor: Rockwell Automation’s Aaliyah Brown
To hear Aaliyah Brown tell it, the start of her career in manufacturing was the result of a happy accident.
“My interest in manufacturing actually started accidentally,” the Rockwell Automation quality engineering team lead said with a laugh. “I was hired as a high school intern [at age 16]. I had a lot of different positions within my role, from [learning] how our different products are utilized in the field, to project management, to printed circuit board design. That’s when I really started to dip my toe into manufacturing.”
A quick ascent: After obtaining her bachelor’s degree in electronic engineering technology from Cleveland State University in 2019, Brown—who works at Rockwell Automation’s Twinsburg, Ohio, location—was hired full time by the automation and digital transformation technologies company as a process engineer.
- Three years later, she was made a quality engineer. Just a year after that, she was promoted to quality team lead.
- Her meteoric rise is one of the reasons her colleagues nominated her for this year’s Women MAKE Awards, honors given annually by the Manufacturing Institute, the NAM’s 501(c)(3) workforce development and education affiliate, to women in manufacturing who have accomplished remarkable successes at their companies.
The elevator speech: Her day-to-day job may be complex, but for the layperson, Brown can break down her duties in just a few sentences.
- “Manufacturing quality can be explained as anything that goes wrong within a manufacturing facility,” she said. “My team has to figure out why it happened and how to fix it to make sure it does not happen again.”
Paying it forward: Brown credits a great deal of her early professional success to mentor and colleague Marzell Brown (“no relation whatsoever”), a talent management lead at Rockwell Automation.
- Like Brown, Marzell Brown is a graduate of the Cleveland Metropolitan School District. Years ago, seeing a lack of programs in the greater Cleveland area designed to expose youth from traditionally underrepresented communities to science, technology, engineering and math careers, he helped found Brown’s alma mater, Cleveland’s MC2 STEM High School. Later, he spearheaded the internship program at Rockwell Automation’s business engineering unit that Brown completed.
- “Before I started going to summer camp at a private school, I had no idea what an engineer was,” Brown continued. “No engineers were in my family at the time. I was in the second graduating class of MC2 and about, I think, the seventh cohort of students Marzell brought in.”
- Inspired by her own experiences, in 2017—while still in college—Brown founded the nonprofit Build Sessions CLE, a mentorship initiative for college-bound STEM students from underrepresented communities.
- “All of the wonderful things that Marzell did for me and others like me, all of those best practices, those are what I brought over” to my job and to Build Sessions CLE, she said.
Changing perceptions: Brown—who helps lead Rockwell Automation’s annual Manufacturing Day events—believes that if more young people knew what modern manufacturing was really like, they would be much more inclined to enter the field.
- “I want to reach back … into these high schools, to provide these students with the great opportunities [I had] and show them that, yes, you can be successful here, and manufacturing facilities aren’t dirty and dingy,” she said.
Calling all women: She knows, too, the importance of shoring up the percentage of women in manufacturing in the U.S., which is around 30%.
- And there’s encouraging news on that front from the Rockwell Automation internship program that launched Brown’s career: If current trends continue, the number of women coming into the company from that program is going to rise, she told us.
- “[To all the] young ladies who don’t know exactly what they want to do, but have interests—say, sewing or project management or just wanting to help people— there are ways to be able to use all of those” talents in manufacturing, Brown said. “And you can have a very lucrative career here.”
IRI Announces Winner of Prestigious Holland Award
Should manufacturers strive to be “cutting edge”?
That’s the question explored in “Is ‘Cutting-Edge’ Good? Assessing Product Newness Factors in Technologically Turbulent Environments,” the paper that won the Innovation Research Interchange’s 2023 Maurice Holland Award.
- The honor, named for the IRI’s founder, has been bestowed annually since 1982 by the IRI, the NAM’s innovation division. It goes to the best article published in the IRI’s flagship publication, Research-Technology Management.
- Winning papers exemplify a commitment to significant work in research and development and innovation management, originality of new management concepts and excellence in presentation.
- This year’s paper, by Michael Obal, Todd Morgan and Wesley Friske, does all three, according to the IRI.
Providing value: “In innovation, novelty generates the most attention but does not always translate into better value for the company and customers,” said Research-Technology Management Editor-in-Chief Yat Ming Ooi.
- “This article tells readers when and to whom novel new products matter and why companies need to strike the right balance to ensure better new product performance.”
Authors respond: Research-Technology Management “is a leading academic journal for innovation-related research, and thus having an opportunity to publish an article in RTM is a significant accomplishment in its own right,” said co-author Friske, an associate professor at Missouri State University’s marketing department. “I am also grateful for the opportunity to share this award with my friends and co-authors, and it is particularly important to me now that Todd is no longer with us.”
- Co-author Morgan, an assistant professor at Cleveland State University’s Monte Ahuja College of Business, passed away in 2023.
- “I’m honored to receive the Holland Award from Research-Technology Management alongside Todd and Wes,” said co-author Obal, an associate professor at the University of Massachusetts Lowell’s Manning School of Business. “All three of us have aimed to publish academic work that impacts practitioners throughout our careers, [so] receiving an award from a journal that specifically focuses on bridging the gap between academia and practice is especially gratifying.”
- “This paper and award are bittersweet as Todd is no longer with us,” Obal continued. “[But] I am encouraged that his work will continue to have an impact.”
About the IRI: The IRI offers insights, case studies, research, benchmarks and strategic connections—all built around a set of innovation growth drivers as determined by members annually. Click here to learn more about the IRI.