INTELLECTUAL PROPERTY RIGHTS

FASION BRAND MANAGEMENT

India 10/29/2012

SUBMMITED BY THARA . R MFM 3RD SEM IIFT

BRAND:
A brand can be a trade name, a sign, symbol, slogan or anything that is used to identify and distinguish a specific product, service or business. But a brand is much more than this; it can also be a promise of an experience and conveys to consumers a certain assurance as to the nature of the product or service they will receive and also the standards the supplier or manufacturer seeks to maintain. For example, a brand might focus on exclusivity of design; or perhaps excellence of customer service or maybe high moral standards in its dealings with suppliers; or perhaps a combination of these and other values. This guaranteeing function is not created overnight; it is usually hard won in the marketplace and develops over time. Brands are therefore reputational assets based on powerfully held beliefs; they drive the understanding of value in a product or company, and, perhaps most importantly, customer loyalty. It can, therefore, be important that as a company develops and expands it considers how its new products and services fit in with its branding, and how the value that they represent may be protected under intellectual property rights.

Intellectual property (IP) is any form of original creation that can be

bought or sold - from music to machinery. The four main types of IP rights are patents, trademarks, designs and copyright but there are many other ways to protect IP. 1. Patents protect the features and processes that make things work. This lets inventors profit from their inventions. I. About patents:

Find out about patents, their benefits, and the criteria for patentability. Plus, help deciding whether patent protection is right for you and where you can go for advice

II.

Benefits of patent protection

A patent gives you the right to stop others from copying, manufacturing, selling, and importing your invention without your permission. The existence of your patent may be enough on its own to stop others from trying to exploit your invention. If it does not, it gives you the right to take legal action to stop them exploiting your invention and to claim damages. III. 1. 2. 3. The patent also allows to: sell the invention and all the intellectual property (IP) rights license the invention to someone else but retain all the IP rights Discuss the invention with others in order to set up a business based around the invention.

The public also benefit from your patent because we publish it after 18 months. Others can then gain advance knowledge of technological developments which they will eventually be able to use freely once the patent ceases. IV. If invention is not patent:

If you do not patent your invention, anyone can use, make or sell your invention without your permission. You can attempt to keep your invention secret, but this may not be possible for a product where the technology is on display. 2 A trade mark is a sign which can distinguish your goods and services from those of your competitors (you may refer to your trade mark as your "brand"). It can be for example words, logos or a combination of both. The only way to register your trade mark is to apply to us - The Intellectual Property Office. You can use your trade mark as a marketing tool so that customers can recognize your products or services.

I.

Trademarks are acceptable if they are:

Distinctive for the goods and services you provide. In other words they can be recognized as signs that differentiate your goods or service as different from someone else's. You may be familiar with the trade marks below. They don't describe the goods or services, which is why they are good examples of registrable trade marks.

The above logos have been reproduced with kind permission of WH Smith Retail Limited and PZ Cussons (International) Limited. II. Trademarks are not register able if they:

Describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services; have become customary in your line of trade; are not distinctive; are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods; are specially protected emblems; are offensive; are against the law, for example, promoting illegal drugs; or;

 are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not. A registered trade mark must be renewed every 10 years to keep it in force III. Benefits of registration

Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom (UK). If you have a registered trade mark you can put the symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered is an offence. IV. A registered trade mark:

May put people off using your trade mark without your permission makes it much easier for you to take legal action against anyone who uses your trade mark without your permission allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark is your property, which means you can sell it, franchise it or let other people have a license that allows them to use it. V. Protecting unregistered trade marks

If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off. To be successful in a passing off action, you must prove that: the mark is yours you have built up a reputation in the mark you have been harmed in some way by the other person's use of the mark.

 It can be very difficult and expensive to prove a passing off action. If you register your trade mark, it is easier to take legal action against infringement of your mark, rather than having to rely on passing off. 3 Design is all about the way an object looks: its shape, its visual appeal...it's all in the design I. A Registered Design

Legal definition of "design" A Registered Design is a legal right which protects the overall visual appearance of a product or a part of a product in the country or countries you register it. For the purposes of registration, a design is legally defined as being "the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture or materials of the product or ornamentation." This means that protection is given to the way a product looks. The appearance of your product may result from a combination of elements such as shapes, colors and materials. References to texture and materials does not mean that protection may be granted for the feel of a texture, or what the product is actually made from; only that these features may influence what the overall product looks like. Equally, design registration cannot protect non-stylized wording (i.e. basic text), the way something works, or the idea or concept behind a product. II. A Product:

You can register a three-dimensional product such as an industrial or handicraft item (other than a computer program), or two-dimensional ornamentation alone, eg. a pattern intended for display upon a product, or a stylised logo. In all cases, the term "product" can mean things like packaging,

get-up, graphic symbols, typographic typefaces, and parts of products intended to be assembled into a more complex product. In respect of 'get-up', protection may be granted to the overall presentation of those products which comprise multiple components but which are sold as one single item, eg. a board game complete with playing pieces, or a product in its packaging. 'Get-up' does not include sets of items which may be bought individually, such as cutlery or suites of furniture. III. What does a Registered Design do?

A Registered Design can be a valuable intellectual property right. It can form the basis of an infringement action against other parties, and will help you in stopping others from creating designs which are too similar to your own (within the same geographical area you have protected your design). IV. Why design have to be brand new?

For its registration to be valid, a design must be new haven individual character. A design is considered to be 'new' if no identical (or very similar) design has been published or publicly disclosed in the UK or the European Economic Area (EEA). For example, a design would not be considered new if it had been 'published' on an Internet website viewable in the EEA before the date it was filed. However, you can apply to register a design in the UK up to 12 months after the designer first discloses it. The term 'identical' covers designs whose features differ only in 'immaterial details'. Individual character means that the appearance of the design (known as the overall impression) is different from the appearance of other already known designs. This is assessed from the view of the "informed user", a person who is familiar with the kind of product in question, and the amount of design freedom will be taken into account.

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Are there any exclusion?

You may not be able to register your design if: It is not a design by legal definition as described above It is offensive It consists of, or includes, certain protected flags and international emblems It is solely dictated by the product's technical function 4 Copyright protects written, theatrical, musical and artistic works as well as films, book layouts, sound recordings, and broadcasts. Copyrights are an automatic right, which means you dont have to apply for it. I. About copyright

Copyright can protect: literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database dramatic works, including dance or mime musical works artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos layouts or typographical arrangements used to publish a work, for a book for instance recordings of a work, including sound and film broadcasts of a work You should only copy or use a work protected by copyright with the copyright owner's permission. Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This

includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on. Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright. A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it. For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark. II. Copyright applies to Original works Most works must be original to have copyright protection. Websites and the internet The same rules apply on the internet as with other medium. Written work including software and databases Software and databases can be protected as written work. Theatre Dance and mime can receive protection too. Music Music can have numerous types of work capable of protection. Artistic works including photographs Photographs are also artistic works. Spoken word and performers Performers of spoken word may receive protection. TV and Film Numerous types of work can be protected in the case of TV and film. III. How long copyright lasts

The length of time a copyright work is protected will depend upon the category or type of work and is usually calculated from the death of the creator.

Written, Theatrical, Musical, Artistic and Film The written category also includes software and databases Other types of work have different terms of protection: Sound Recordings Broadcasts Published editions

5 Other protection
Intellectual Property (IP) covers a wide range of subjects and you may find that you can protect your idea by another right. I. Companies House Companies House deal with the registration and provision of company information. II. Company Names Tribunal The Tribunal adjudicates in disputes about opportunistic company name registrations. III. Conditional access technology

For encrypted broadcasts and transmissions, you may need authority to produce decoding apparatus and equipment. IV. Copy protection devices

Copyright owners may choose to use technical measures to protect their material. V. Confidentiality agreements (CDAs) CDAs (also known as non-disclosure agreements) can be used to protect know-how or trade secrets

VI.

Database right

In addition to or instead of copyright protection, a database may be protected by the 'database right'. This is intended to protect and reward investment in the creation and arrangement of databases VII. Design right

United Kingdom (UK) Design Right and Community Design Right may give automatic protection for the look of your product. VIII. Plant breeders rights

If you have created a new variety of plant or seed, you may be able to protect it at The Plant Variety Rights Office and Seeds Division in the Department for Environment Food and Rural Affairs (DEFRA). IX. Publication right Publication right gives you rights equivalent to copyright if you publish for the first time a literary, dramatic, musical or artistic work or a film in which copyright has expired. X. Protection abroad If you want to protect your IP abroad you will generally need to apply for protection in the countries which you want your IP to have effect. Except particularly in the case of Copyright and other limited circumstances, your UK IP rights do not give you automatic protection abroad. XI. Trade secrets There is no legal requirement for you to file a patent, you could decide to keep your invention secret but if it enters the public domain then you may lose your rights to it Intellectual property insurance In the same way that you take out insurance on your physical property, such as your business premises, it is possible to take out insurance on your

intellectual property (IP). IP insurance can help cover your legal costs should you need to take enforcement action. It can also act as a deterrent to potential infringers, can cover legal awards and even your own losses. There are a number of companies who offer specialist IP insurance. You could seek advice from your legal advisor / attorney to provide you with contact details, but the brokers that specialize in IP or have an IP insurance division should be placed best to help you out. Negotiating with an insurance company may mean disclosing your IP and you should consider the need for a non-disclosure or confidentiality agreement