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Marketing Software Products: The Importance of Trademarks and
Marketing Software Products: The Importance of Trademarks and
Beyond Getting Noticed: The Role of Trademark and Industrial Designs
Beyond Getting Noticed: The Role of Trademark and Industrial Designs
This Presentation
This Presentation
What is Branding
What is Branding
Does a Name Really Matter
Does a Name Really Matter
What is a Brand
What is a Brand
A brand represents the holistic sum of all information about a product
A brand represents the holistic sum of all information about a product
Simply, a brand is to
Simply, a brand is to
What is the Purpose of Branding for your Business
What is the Purpose of Branding for your Business
What to do for a Successful Branding Strategy
What to do for a Successful Branding Strategy
Source: Association of Professional Design Firms, APDF, http://www
Source: Association of Professional Design Firms, APDF, http://www
The Branding and Trademark Symbiotic Relationship
The Branding and Trademark Symbiotic Relationship
What is the Relationship between a Brand and a Trademark
What is the Relationship between a Brand and a Trademark
A Brand  A Trademark
A Brand A Trademark
So  What is the Value of Branding
So What is the Value of Branding
The Importance of Brand Equity and Trademark Protection
The Importance of Brand Equity and Trademark Protection
. Therefore, as an asset, a Brand and/or a Trademark, can
. Therefore, as an asset, a Brand and/or a Trademark, can
Note
Note
 the Importance of a Trademark is that it becomes
the Importance of a Trademark is that it becomes
The $ Value of a Brand;
The $ Value of a Brand;
The Value of Brands in 2004
The Value of Brands in 2004
France (June1, 2005)
France (June1, 2005)
Spain 16 February 2004
Spain 16 February 2004
Australia (November 18, 2004)
Australia (November 18, 2004)
Chile (August 5, 2002)
Chile (August 5, 2002)
{The Social Value of a Brand} by www
{The Social Value of a Brand} by www
Using the Trademark as a Business Asset
Using the Trademark as a Business Asset
What is a Trademark
What is a Trademark
What is a Trademark
What is a Trademark
 a Trademark is
a Trademark is
Less or Non-Traditional Forms of TMs
Less or Non-Traditional Forms of TMs
Types of Trademarks
Types of Trademarks
What are the Functions of a Trademark
What are the Functions of a Trademark
Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors,
Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors,
Any Distinctive Words, Letters,
Any Distinctive Words, Letters,
Examples of Trademarks
Examples of Trademarks
Protection through TM Registration
Protection through TM Registration
Enforcing Trademarks
Enforcing Trademarks
Remember
Remember
Dos and Donts to preserve distinctiveness and value of a trademark
Dos and Donts to preserve distinctiveness and value of a trademark
Protecting trademarks begins in-house
Protecting trademarks begins in-house
1. Use Actively
1. Use Actively
2. Avoid Trademark from becoming Generic
2. Avoid Trademark from becoming Generic
Examples of Generic Trademarks
Examples of Generic Trademarks
A) Set TM apart from surrounding text_
A) Set TM apart from surrounding text_
Correct use: Raymond Textile is India's leading producer of worsted
Correct use: Raymond Textile is India's leading producer of worsted
B) Specify font, size, proportion and placement_
B) Specify font, size, proportion and placement_
Correct use:
Correct use:
C) Specify colors_
C) Specify colors_
50
50
D) Use trademark as adjective_
D) Use trademark as adjective_
Correct use: - Buy a Mafatlal suite from authorized dealers
Correct use: - Buy a Mafatlal suite from authorized dealers
E) Do not use in possessive form_
E) Do not use in possessive form_
F) Do not change spelling _
F) Do not change spelling _
Correct use:
Correct use:
3. Use Trademark Notice
3. Use Trademark Notice
4. Register Domain Name
4. Register Domain Name
5. Monitor authorized users
5. Monitor authorized users
Control quality of goods and services offered under the licensed mark:
Control quality of goods and services offered under the licensed mark:
Most Common Mistakes Made by Exporters
Most Common Mistakes Made by Exporters
1. Believing that Trademark Protection is Universal
1. Believing that Trademark Protection is Universal
2. Using Trademark that is already Registered/Used by Competitors in
2. Using Trademark that is already Registered/Used by Competitors in
3. Using Trademark that Conflicts with Geographical Indication
3. Using Trademark that Conflicts with Geographical Indication
4. Not applying for Trademark Registration until it is too late
4. Not applying for Trademark Registration until it is too late
5. Leaving  on product/packaging when exported in country where
5. Leaving on product/packaging when exported in country where
6. Launching product in export market without checking whether
6. Launching product in export market without checking whether
Ensure the Proper Use of a Trademark
Ensure the Proper Use of a Trademark
What is an Industrial Design
What is an Industrial Design
Source: Design Council publication, Competitive Advantage Through
Source: Design Council publication, Competitive Advantage Through
Industrial Design: An Important Branding Tool
Industrial Design: An Important Branding Tool
What is a Design
What is a Design
What is an Industrial Design
What is an Industrial Design
Two-dimensional Designs
Two-dimensional Designs
Three Dimensional Designs
Three Dimensional Designs
Packaging, containers, bicycles, even computer design, etc
Packaging, containers, bicycles, even computer design, etc
The Value of a Creative Design
The Value of a Creative Design
Industrial Design helps to
Industrial Design helps to
Design - the business case
Design - the business case
Design and your strategy
Design and your strategy
Many regard Apple's iMac a masterpiece of product design
Many regard Apple's iMac a masterpiece of product design
Using ID as a Business Asset
Using ID as a Business Asset
Reasons for Protecting Designs Example: in the EU
Reasons for Protecting Designs Example: in the EU
By Protecting Industrial Design through Registration, the Owner
By Protecting Industrial Design through Registration, the Owner
What can be Registered as an Industrial Design
What can be Registered as an Industrial Design
The Stethoscope Reflex Hammer, PharmaDesign
The Stethoscope Reflex Hammer, PharmaDesign
Custom design
Custom design
Protecting Computer Generated Designs through Registration
Protecting Computer Generated Designs through Registration
Protecting Industrial Designs through Registration
Protecting Industrial Designs through Registration
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89
Scope of Rights
Scope of Rights
Keep in Mind
Keep in Mind
Protection at Home and Abroad
Protection at Home and Abroad
NOTE . on the Hague agreement
NOTE . on the Hague agreement
Enforcing Industrial Designs
Enforcing Industrial Designs
Remember what cannot be protected
Remember what cannot be protected
Industrial Design Issues Affecting Various Types of Business Decisions
Industrial Design Issues Affecting Various Types of Business Decisions
The type of protection and its cost or effectiveness may affect:
The type of protection and its cost or effectiveness may affect:
 if and when to seek or continue to maintain design registration;
if and when to seek or continue to maintain design registration;

: Apple 2 . : ghelfi. : Apple 2 .ppt. zip-: 2429 .

Apple 2

Apple 2 .ppt
1 Marketing Software Products: The Importance of Trademarks and

Marketing Software Products: The Importance of Trademarks and

Industrial Designs - Case Studies

1

2 Beyond Getting Noticed: The Role of Trademark and Industrial Designs

Beyond Getting Noticed: The Role of Trademark and Industrial Designs

in Developing a Branding Strategy

Guriqbal Singh Jaiya Director Small and Medium-sized Enterprises Division World Intellectual Property Organization

2

3 This Presentation

This Presentation

1. What is Branding? 2. The Branding and Trademark Symbiotic Relationship 3. The $ Value of a Brand, . of a Trademark 4. What is a Trademark? 5. DOs and Donts to Preserve Distinctiveness and Value of a Trademark 6. Most Common Mistakes by Exporters 7. What is an Industrial Design? 8. The Value of a Creative Design 9. Practical Aspects of Industrial Designs 10. Industrial Design Issues Affecting Various Types of Business Decisions

3

4 What is Branding

What is Branding

4

5 Does a Name Really Matter

Does a Name Really Matter

? In 1969 while speaking at a small scientific conference, Sir Roger Penrose, a Cambridge physicist announced his discovery of what he called a gravitationally totally collapsed object. The world yawned. ? Months later, he changed his description to a Black Hole and the news of his discovery raced around the world. Today, the term Black Hole is a part of the world's working vocabulary. ? We cannot understand, or maybe we do not care about a collapsed object. But a Black Hole is something very different. It is provocative, intriguing, exciting and conceptual. Most important, it is believable. (quoted from Lexicon Branding, Inc.)

5

6 What is a Brand

What is a Brand

In marketing terms it is: The intangible, but real, value of words, graphics or symbols that are associated with the products or services offered by a business.

6

7 A brand represents the holistic sum of all information about a product

A brand represents the holistic sum of all information about a product

or group of products. It is a symbolic construct which typically consists of a name; identifying mark; logo; visual images or symbols; or mental concepts.

7

8 Simply, a brand is to

Simply, a brand is to

..

distinguish a product or service. ? It is useful for the marketer to think of this as a set of aligned expectations in the mind of its stakeholders ... ? from its consumers, ? to its distribution channels, ? to the people and companies who supply the products and services.

8

9 What is the Purpose of Branding for your Business

What is the Purpose of Branding for your Business

1. Gives your business a significant edge over the competition; 2. Makes the customer view your business as the only solution to their need or problem; 3. A strong brand will engender feelings of trust, reliability, loyalty and recognition in the customers mind; 4. Through its brand image, a business will attract and retain customer loyalty for its goods and services and increase the value of its business.

9

10 What to do for a Successful Branding Strategy

What to do for a Successful Branding Strategy

..

1. Develop a brand that is part and parcel of your business plan; 2. Target what customers care about: articulate precise values and qualities that are relevant and of direct interest; 3. Emphasize features that are both important to consumer and quite differentiated from competitors; 4. Sell the brand outside and inside: Motivate employees to identify with brand; 5. Keep brand flexible; 6. Communicate the brand image at all levels of operation; 7. Use Intellectual Property Rights (IPRs), tools for branding, such as trademarks and industrial designs.

10

11 Source: Association of Professional Design Firms, APDF, http://www

Source: Association of Professional Design Firms, APDF, http://www

apdf.org/Public/Index.asp?Page_ID=74

11

12 The Branding and Trademark Symbiotic Relationship

The Branding and Trademark Symbiotic Relationship

12

13 What is the Relationship between a Brand and a Trademark

What is the Relationship between a Brand and a Trademark

The term brand name is often used interchangeably with brand, BUT it is more correctly used to specifically denote written or spoken linguistic elements of a brand. . In this context a brand name constitutes a type of trademark, if the brand name exclusively identifies the brand owner as the commercial source of products or services. . A brand owner may seek to protect proprietary rights in relation to a brand name through trademark registration.

13

14 A Brand  A Trademark

A Brand A Trademark

Trademark: Legal concept Brand: Marketing concept 1. Registration of a trademark will add value to your business as it protects its other inherent assets; 2. Brand profile and positioning may vary over time, but trademark protection will remain the same.

14

15 So  What is the Value of Branding

So What is the Value of Branding

.. .. and the Importance of Trademark Protection .?

15

16 The Importance of Brand Equity and Trademark Protection

The Importance of Brand Equity and Trademark Protection

Brand Equity measures the total value of the brand to the brand owner, and reflects the extent of brand franchise. Brand Equity is built on the foundation of a protected Trademark, and this in turn becomes one of your business most valuable assets.

16

17 . Therefore, as an asset, a Brand and/or a Trademark, can

. Therefore, as an asset, a Brand and/or a Trademark, can

..

.. be disposed of separately from the other companys assets (it becomes a free-standing asset); and .. give rights that can be legally protected.

17

18 Note

Note

In a highly competitive market, a companys brand will either ... .. disappear much faster than their products trademarks protection period, or will be . adapted to protect a different product over time.

18

19  the Importance of a Trademark is that it becomes

the Importance of a Trademark is that it becomes

..

A marketing tool; Source of revenue through licensing; Crucial component of franchising agreements; May be useful for obtaining finance.

19

20 The $ Value of a Brand;

The $ Value of a Brand;

. of a Trademark

20

21 The Value of Brands in 2004

The Value of Brands in 2004

21

22 France (June1, 2005)

France (June1, 2005)

Switzerland (December 16, 2004)

22

23 Spain 16 February 2004

Spain 16 February 2004

23

24 Australia (November 18, 2004)

Australia (November 18, 2004)

Singapore (December 15, 2004)

Brazil (June 2, 2004)

24

25 Chile (August 5, 2002)

Chile (August 5, 2002)

Mexico (June 11, 2003)

25

26 {The Social Value of a Brand} by www

{The Social Value of a Brand} by www

brandchannel.com

26

27 Using the Trademark as a Business Asset

Using the Trademark as a Business Asset

Licensing: owner retains ownership and agrees to the use of the TM by other company in exchange for royalties > licensing agreement (business expansion/diversification); Franchising: licensing of a TM central to franchising agreement. The franchiser allows franchisee to use his way of doing business (TM, know-how, customer service, etc.); Selling/assigning TM to another company (merger & acquisitions/raising of cash).

27

28 What is a Trademark

What is a Trademark

28

29 What is a Trademark

What is a Trademark

A sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.

29

30  a Trademark is

a Trademark is

..

Any distinctive sign, or any combination of signs; ? Words, including personal names, letters, numerals, figurative elements (logos), combination of colors, sounds, smells, etc. ? Visually perceptible; 2D or 3D (shape)

30

31 Less or Non-Traditional Forms of TMs

Less or Non-Traditional Forms of TMs

? Single colors ? Three-dimensional signs (shapes of products or packaging) ? Audible signs (sounds) ? Olfactory signs (smells)

31

32 Types of Trademarks

Types of Trademarks

Trade marks: to distinguish goods; Service marks: to distinguish services; Collective marks: to distinguish goods or services by members of an association; Certification marks; Well-known marks: benefit from stronger protection; Trade-name vs Trademark.

32

33 What are the Functions of a Trademark

What are the Functions of a Trademark

Allows companies to differentiate their products. Ensures consumers can distinguish between products and ultimately develop brand loyalty and Trust.

33

34 Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors,

Any Distinctive Words, Letters, Numerals, Pictures, Shapes, Colors,

Logo-types, Labels or Combinations

http://www.progress.com/trademarks/index.ssp

34

35 Any Distinctive Words, Letters,

Any Distinctive Words, Letters,

35

36 Examples of Trademarks

Examples of Trademarks

CyberGrid, MetaRules, High Tower, the High Tower logo, and TowerView are trademarks or registered trademarks of High Tower Software, Inc. in the United States and other countries. HI-TECH C, Pacific C, Lucifer, PPD, HPD and HI-TIDE are trademarks or registered trademarks of HI-TECH Software.

36

37 Protection through TM Registration

Protection through TM Registration

Exclusive rights prevent others from marketing products under same or confusingly similar mark; Secures investment in marketing effort; Promotes customer loyalty/ reputation / image of company; Provides coverage in relevant markets where business operates; Registered marks may be licensed or basis franchising agreements.

37

38 Enforcing Trademarks

Enforcing Trademarks

Responsibility on trademark owner to identify infringement and decide on measures; Cease and desist letter to alleged infringer; Search and seize order; Cooperation with customs authorities to prevent counterfeit trademark goods; Arbitration and mediation (preserve business relations).

38

39 Remember

Remember

..

In many countries, to enforce trademark rights, .. the owner of the trademark has to provide evidence or proof of use of the mark in relation to the goods or services specified in the trademark register, aside from proof of infringement.

39

40 Dos and Donts to preserve distinctiveness and value of a trademark

Dos and Donts to preserve distinctiveness and value of a trademark

40

41 Protecting trademarks begins in-house

Protecting trademarks begins in-house

..

Trademark is instrumental to developing brand identity and customer loyalty Important to preserve and enhance distinctiveness and value of mark

Protect it from being misused by others

Make proper use of your trademark

41

42 1. Use Actively

1. Use Actively

..

by offering the products, the services; Affix the mark to the goods or their packaging in promotional, instructional and reference materials; on website, labels, packaging, business papers, invoices, etc.

42

43 2. Avoid Trademark from becoming Generic

2. Avoid Trademark from becoming Generic

Remember, the function of trademark is . to distinguish the goods/services NOT to describe the goods/services. If the trademark becomes common use ... risks becoming generic; and a loss of protection will follow.

43

44 Examples of Generic Trademarks

Examples of Generic Trademarks

Kleenex = facial tissue Coke = soft drink Xerox = photocopier FedEx = overnight courier service Thermos = hot water bottle Yo-yo =

44

45 A) Set TM apart from surrounding text_

A) Set TM apart from surrounding text_

Distinguish mark from surrounding text Use capital letters, bold, color, italics, underline, quotation marks. This is to avoid the chance of the mark being seen as generic term. Creates distinct commercial impression in minds of consumers regarding the mark.

45

46 Correct use: Raymond Textile is India's leading producer of worsted

Correct use: Raymond Textile is India's leading producer of worsted

suiting fabric with over 60% market share. Raymond Textile is India's leading producer of worsted suiting fabric with over 60% market share.

Incorrect use: Raymond Textile is India's leading producer of worsted suiting fabric with over 60% market share.

46

47 B) Specify font, size, proportion and placement_

B) Specify font, size, proportion and placement_

Consistently reproduce font / size / proportion (especially if integral part of registered mark). ? This helps to maintain a uniform and consistent look. ? It avoids confusing consumers.

47

48 Correct use:

Correct use:

Incorrect use:

VIMAL

ADT

A ftosa

48

49 C) Specify colors_

C) Specify colors_

______________

? Color can be effective tool for creating brand identification (many people use color as selection). ? If color is feature ? must always appear in correct colors ? must appear in color whenever possible ? If you license others to use your trademark ? provide color specifications ? monitor correct use

49

50 50

50

51 D) Use trademark as adjective_

D) Use trademark as adjective_

___

? Avoid using as nouns or verbs; ? Use as adjective in association with a descriptive noun; ? Non-adjectival use, over time, can result in genericness.

51

52 Correct use: - Buy a Mafatlal suite from authorized dealers

Correct use: - Buy a Mafatlal suite from authorized dealers

- Photocopy this for me on the Xerox copier.

Incorrect use: - Buy Mafatlals from authorized dealers. - Xerox this for me.

52

53 E) Do not use in possessive form_

E) Do not use in possessive form_

_____

Correct use: - The great quality and design of Swarovski jewelry

Incorrect use: - Swarovskis great quality and design

53

54 F) Do not change spelling _

F) Do not change spelling _

___

? Do not insert/delete hyphens; ? Do not merge words; ? Do not abbreviate (except when registered).

54

55 Correct use:

Correct use:

- Calvin Klein - Tommy Hilfiger - Luis Vuitton - MPC POTTERIES GWALIOR

- Kalvin Klein - Tommy-Hilfiger - Luisvuitton - MPC P/G

Incorrect use:

55

56 3. Use Trademark Notice

3. Use Trademark Notice

..

, TM, SM ...

. Not compulsory, but: ? Alerts public that trademark is registered ? May discourage illegal use Where to place it: With the name or logo of the mark On products, advertising, websites, labels, etc. NOT in countries where not registered!

56

57 4. Register Domain Name

4. Register Domain Name

Often most important asset of an online business Use trademark as SLD, if possible Choose carefully TLD .in : if target audience is based in India. Not so good if you're reaching out for global audience .com : classic TLD for any site anywhere in the world. BUT: not always available .biz : for business sites .info : for informational sites .org : for nonprofit sites .coop : for cooperatives

Greater availability BUT: spammers

57

58 5. Monitor authorized users

5. Monitor authorized users

All types of users ? Licensees, franchisees ? Authorized resellers, retailers ? Brand owners ? Developers ? Advertising agencies ? Subsidiaries ? Customers All types of use ? Promotional, instructional, reference material, website, products, labels, packaging, etc.

58

59 Control quality of goods and services offered under the licensed mark:

Control quality of goods and services offered under the licensed mark:

? Bad quality damages your reputation! Monitor correct use (style, color, etc.) of trademark: ? Incorrect use confuses customers + risk of loss of protection

59

60 Most Common Mistakes Made by Exporters

Most Common Mistakes Made by Exporters

60

61 1. Believing that Trademark Protection is Universal

1. Believing that Trademark Protection is Universal

Trademark rights are territorial In many countries only protected if registered Registration abroad national route regional route international route (Madrid Protocol)

61

62 2. Using Trademark that is already Registered/Used by Competitors in

2. Using Trademark that is already Registered/Used by Competitors in

Export Market

62

63 3. Using Trademark that Conflicts with Geographical Indication

3. Using Trademark that Conflicts with Geographical Indication

63

64 4. Not applying for Trademark Registration until it is too late

4. Not applying for Trademark Registration until it is too late

64

65 5. Leaving  on product/packaging when exported in country where

5. Leaving on product/packaging when exported in country where

trademark is not registered

65

66 6. Launching product in export market without checking whether

6. Launching product in export market without checking whether

trademark is likely to be considered distinctive and has no undesired connotation in local language

66

67 Ensure the Proper Use of a Trademark

Ensure the Proper Use of a Trademark

..

? It is crucial to acquire, register and maintain the mark; ? Avoid the risk that the mark will become generic; ? Preserve the marks ability to identify origin of the products; ? Maintain a consistent business image so that it provides immediate recognition and creates goodwill.

67

68 What is an Industrial Design

What is an Industrial Design

68

69 Source: Design Council publication, Competitive Advantage Through

Source: Design Council publication, Competitive Advantage Through

Design, www.designcouncil.info

69

70 Industrial Design: An Important Branding Tool

Industrial Design: An Important Branding Tool

? Just as trademarks distinguish your product or service, . . industrial designs differentiate your products from those of the competition. ? Both are intellectual property tools that contribute to your branding strategy and therefore need protection.

70

71 What is a Design

What is a Design

In everyday language often it is ? the look of a product which we like because we find it is attractive and appealing to our eyes; For businesses, designing a product implies ? developing a products functional and aesthetic features taking into consideration issues such as marketability, costs of manufacturing, ease of transport, storage, repair and disposal.

71

72 What is an Industrial Design

What is an Industrial Design

... In an Intellectual Property law perspective, it refers ... ? only to the ornamental or aesthetic aspects of a product ... even when the product may have a technical (Patents) or functional feature, or distinguishing features (Trademarks).

72

73 Two-dimensional Designs

Two-dimensional Designs

- Ornamentation, patterns, lines or color on a product

Wallpaper, carpets, textiles, etc...

73

74 Three Dimensional Designs

Three Dimensional Designs

74

75 Packaging, containers, bicycles, even computer design, etc

Packaging, containers, bicycles, even computer design, etc

..

75

76 The Value of a Creative Design

The Value of a Creative Design

76

77 Industrial Design helps to

Industrial Design helps to

..

1. Make a product attractive and appealing: -- may be unique selling point; 2. Target specific market segments: -- i.e. customization: by making small modifications to make product suitable for different age groups, cultures or social groups 3. Create a new market niche: -- to differentiate product from those of other competitors, I.e, locks, shoes, cups and saucers, etc. 4. Strengthen brands: -- combined with distinctive trademarks to enhance the distinctiveness of a companys brand.

77

78 Design - the business case

Design - the business case

There is compelling evidence that businesses which use design perform better. Design Council research found that while 90% of businesses which are growing rapidly say design is integral or significant to them, only 26% of static companies say the same. As well as increasing market share, using design can help to reduce costs by making manufacturing processes more efficient and cutting materials costs. It can also reduce the time to market for new products and services. It is significant that while a third of the UK's fastest growing companies surveyed by the Design Council in 2005 see design as integral to their running, only 11 per cent of shrinking firms say the same. Also, almost 70 per cent of companies which see design as integral have developed new products and services in the last three years, compared to only a third of businesses overall.

78

Source: Design Council, UK, www.designcouncil.info

79 Design and your strategy

Design and your strategy

One of the best-known examples of a business transformed by the strategic use of design is Apple Computer. The development first of the iMac and now the iPod (both the work of a team led by Briton Jonathan Ive), have transformed Apple's fortunes. A fine creative achievement but, just as importantly, also a great advert for the design-aware management culture, led by CEO Steve Jobs, which enabled that creativity. Remember too that it wasn't just about putting a brightly coloured shell around the same old computer, or coming up with a slick shape for a new music player. Ive's team creating an improved user experience and Apple's design process embraced every single component and the entire manufacturing process as well as integrating the iTunes music service.

79

Source: Design Council, UK, www.designcouncil.info

80 Many regard Apple's iMac a masterpiece of product design

Many regard Apple's iMac a masterpiece of product design

80

81 Using ID as a Business Asset

Using ID as a Business Asset

Licensing additional source of revenue exploiting a companys exclusivity over design licensing contracts

81

82 Reasons for Protecting Designs Example: in the EU

Reasons for Protecting Designs Example: in the EU

70% prevent copying 23.4% company policy 20.3% get ahead competition 10.1% prestige 6.5% prevent people think I copy 5.8% other

82

83 By Protecting Industrial Design through Registration, the Owner

By Protecting Industrial Design through Registration, the Owner

Obtains:

? Exclusive right(s) to prevent unauthorized copying or imitation by others; ? A fair return on investment; ? A business asset which will increase the commercial value of a company and its products; ? A registered design that may be licensed (or sold); ? Encourages fair competition and honest trade practices.

83

84 What can be Registered as an Industrial Design

What can be Registered as an Industrial Design

. A design must be ? NEW -- i.e. if there is no identical design already made available to the public before the date of filing, or application for registration. ? ORIGINAL -- must be independently created by designer, and not a copy or imitation of existing designs. ? INDIVIDUAL CHARACTER -- overall impression produced by a design must differ from the overall impression produced by an earlier design made available to the public.

84

85 The Stethoscope Reflex Hammer, PharmaDesign

The Stethoscope Reflex Hammer, PharmaDesign

'Analog Pad' by Oriol Mogas Bartomeu

Many regard Apple's iMac a masterpiece of product design.

Blauwerk bicycle/scooter by Philippe Starck

Virgin Trains

Duracell flashlight

85

Manor Born - packaging and branding redesign

Swatch watches

86 Custom design

Custom design

License agreement License Agreement for S. ten Broeke Royalty-Free Icons. This is a legal agreement between You, the purchaser, and S.ten Broeke, Inc. ("Qualityicons.com"). By opening the CD package, you agree to the following: All of the icons remain the property of S. ten Broeke. The icons can be used royalty-free by the licensee for any personal or commercial projects. This is a non-exclusive license. Modifications to the image data are limited to combinations of the included icons and to hue, saturation, brightness adjustments. These icons may not be resold or redistributed by the licensee or included in any product wherein the icons will be resold or redistributed (in whole or in part).

86

87 Protecting Computer Generated Designs through Registration

Protecting Computer Generated Designs through Registration

Korean Intellectual Property Office (KIPO) extends design protection in Korea by accepting applications of Computer Generated Graphic designs under amended Guidelines for Examination of Design Applications. The KIPO, as of July 1, 2003, accepts design applications of Computer Generated Graphics such as Graphic User Interface (e.g. a website GUI, software GUI, and mobile GUI), icons (e.g. an application icon, tool icon, and GUI icon), and graphic images (e.g. a character, screen saver, contents graphic, 3D animation, and emoticon). In order for a computer-generated graphic to be protected under the Korean Design Law, the article to which the image is embodied or applied must be a subject matter for design. For example, any article of manufacture with a display panel such as a computer monitor, mobile phone, PDA, navigation system, refrigerator, washing machine, photo copier, MP3 player, CD player, MD player, digital camera, digital TV, ATM, and POS terminal is an appropriate subject matter for design of a computer-generated icon. However, a design of a computer-generated graphic that is separate from the object to which it is applied will simply be rejected.

87

88 Protecting Industrial Designs through Registration

Protecting Industrial Designs through Registration

The Applicant application form, contact details, drawings or photographs of design, written description or statement of novelty, fee. The IP Office formal examination; substantive examination; design register/design gazette; design registration certificate valid at least 10 years.

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90 Scope of Rights

Scope of Rights

The right to prevent unauthorized copying or imitation by third parties; Exclude all others making, offering, importing, exporting or selling product with the design.

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91 Keep in Mind

Keep in Mind

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? The time it takes to register a design; ? The cost of registration ? Keeping design secret prior registration; ? Grace period; ? Who may apply for ID protection; ? Who owns the right over ID.

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92 Protection at Home and Abroad

Protection at Home and Abroad

The national route each country where you seek protection. The regional route countries members of a regional agreement: African Regional Industrial Property Office (ARIPO); Benelux Design Office; Office for Harmonization of the Internal Market of the EU; Organisation Africaine de la Propri?t? Intellectuelle (OAPI). The international route Hague agreement - Administered by WIPO (36 countries)

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93 NOTE . on the Hague agreement

NOTE . on the Hague agreement

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? An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. ? The design will then be protected in as many member countries of the treaty as desired.

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94 Enforcing Industrial Designs

Enforcing Industrial Designs

Responsibility on owner of the ID to monitor, identify imitators/counterfeiters and decide on action; Advice of IP lawyer; Cease and desist letter to infringer; Search and seize order; Cooperation with customs authorities to prevent importation of infringing goods.

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95 Remember what cannot be protected

Remember what cannot be protected

Designs that fail to meet requirements of novelty, originality and/or individual character; Designs dictated by technical function; Designs with official symbols or emblems; Designs contrary to public order or morality

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96 Industrial Design Issues Affecting Various Types of Business Decisions

Industrial Design Issues Affecting Various Types of Business Decisions

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97 The type of protection and its cost or effectiveness may affect:

The type of protection and its cost or effectiveness may affect:

which details should be disclosed to the designer, especially when the designer is employed by a contractor; whether to undertake design development entirely in-house, to contract or commission an outside agency or to do it jointly; timing of the initial use of a new design in advertising, marketing or public display in an exhibition;

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98  if and when to seek or continue to maintain design registration;

if and when to seek or continue to maintain design registration;

if and when to initiate action against unauthorized and/or infringing acts of competitors, counterfeiters or importers; if and when to license or partially assign a design; and if and when to register the design in other markets for export or for exploring the potential of entering into strategic business alliances, joint ventures, setting up wholly owned subsidiaries, etc.

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