Brand IPR

Mechanisms

Sushant Saraswat -340

Ankita Vadhel -350
 Intellectual property
• It is a term attributed to any product of the human
intellect which will have some value in the market place,
e.g.

An Idea
An Invention
Unique Name
Business Method
Industrial Process
Chemical Formula
Computer Program
 Why?
• Protecting consumer products against counterfeiting and
fraudulent imports and indigenous production are major
concerns for every brand owner. It is a constant battle as
illicit imports and counterfeiting increase.
•
Brand value and brand protection can enable forecasting
the future performance of an enterprise. Sound brand
protection will lead to long and profitable business-life
whereas poor protection exaggerates any flaws or
weaknesses to the point where failure becomes almost
inevitable in the long run.
 Options
Patents: A registration system available in all major industrial countries designed to protect
inventions such as new or improved products and processes which are capable of industrial
application by conferring exclusive rights in the invention.

Trademarks: Trademarks can be words, symbols, images, a logo, packaging, a smell, colour or
sound which are capable of distinguishing one’s goods and/or services from those of others.

Design: ‘Design’ generally relates to the aesthetic features of an article. These may or may
not necessarily impact on the use of the article, but are distinguishable as part of the ‘look’ of
the item.

Copyright: Attached to all literary or artistic materials, music, film, sound recordings and
broadcasts, including software and multimedia. It should be noted that copyright is an
unregistered right, which exists, and comes into play as soon as a copyright work is created.
 Filing of Application

Application No. Allotment

Data Entry

Scanning

Examination &
Examination
Accepted Report Objected

Journal Publication

Await for Show Cause Hearing Refused, Withdrawn,

Opposition Abandoned

Registration (Manuscript Opposition (Fixing Intellectual Property

Check, Check for
associated marks
of hearing) Appellate Board

Application to proceed If opposition is allowed &

for registration application is refused OR
Renewal, Post reg.
changes, etc. Either Renew
 Benefits of Registration and Intellectual
Property Rights (IPR)
•Registration of IP imparts upon the creator IPR in the form of an exclusive legal right to
prevent the use of their innovation by another party, without the permission of the
creator. This gives the IP owner a powerful strategic tool, which facilitates the
development of a strong competitive advantage within the marketplace.

• Obtain an exclusive property right

• Transpose knowledge/idea into a tangible asset capable of:
- Transfer
- Licensing
- Security
• Mark off a niche area of technology.
• Generate royalty income from licensing
 Contd….
• Trademark can operate as a "badge of origin" for your goods/services
thereby providing a guarantee of source and quality to
customers/prospective customers

• Provide a tool for identification and differentiation within the market.

• Managing your IP and generation of IPR in a strategic way may enable

your enterprise to access new export markets through licensing,
franchising, the establishment of joint ventures or other contractual
agreements with other companies.
• IP rights permit you to negotiate agreements with other organisations
for the production, marketing, distribution or delivery of goods and
services in foreign markets.
 Common Mistake
• Believing that IP protection is universal . Many
exporters believe that by applying for
trademark, patent or industrial design
protection in their own country they are
automatically protected worldwide.
• One example is the US, where patents are
granted on a first-to-invent basis
• First to- file basis