SUNITA K SREEDHARAN SKS LAW ASSOCIATES, NEW DELHI 23 July 2014, Delhi.

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Presentation transcript:

SUNITA K SREEDHARAN SKS LAW ASSOCIATES, NEW DELHI 23 July 2014, Delhi

BRAND NAME Quality Level Packaging Design Features Delivery& Credit Installation Warranty After- Sale Service Core Benefit or Service Core Benefit or Service Actual Product Actual Product Core Product Core Product Augmented Product Augmented Product SKS LAW ASSOCIATES © 2014

Patent Trade Secret Trade Dress Design Trademark Copyright Product & / Services SKS LAW ASSOCIATES © 2014 CONTRACTS- (LICENSING, ASSIGNMENTS WARRANTY, LIABILITIES) IMPORTS R&D MARKETING

 The first concrete evidence of a new product, drug or industrial process is usually published patent documents. Patents and other forms of Intellectual Property are often good indicators of what competitors are involved in.  Intellectual Property usually has three broad functions within a corporation:  As a tool to protect price and market share by exclusion (patents) and as a guarantee of channels to market and goodwill (trademarks).  As insurance against legal action by other patent holders, operating to mitigate risk of infringement.  As a financial asset in the high-stake game of strategic alliances, in which technology is licensed, swapped, assigned, mortgaged, or held as a blocking strategy. SKS LAW ASSOCIATES © 2014

MANY POSITIVE DEVELOPMENTS IN RECENT TIMES  EXCELLENT DECISIONS FROM COURTS ON TRADEMARKS AND COPYRIGHTS  POLICE ACTION IN SOME SITUATIONS COMMENDABLE  THE ENFORCEMENT OF IPR UNDER CUSTOMS ACT (INTELLECTUAL PROPERTY RIGHTS (IMPORTED GOODS) ENFORCEMENT RULES, 2007) SKS LAW ASSOCIATES © 2014

 IP CREATION, PROTECTION  TOOLS FOR IP CREATION WHY CREATE IP  FILING / REGISTRATION AT INTELLECTUAL PROPERTY OFFICES DO INDIAN IPO UNDERSTAND THE SIGNIFICANCE OF THE TRADEMARK / DESIGN IN THE BUSINESS ? e.g. DESIGN REGISTRATION CERTIFICATE IN WRONG CLASS OF GOODS  UNDERSTANDING PROTECTION TRENDS  e.g. DESIGN PROTECTION & TM PROTECTION FOR SHAPE MARK SKS LAW ASSOCIATES © 2014

 AT THE IPO  MISSING FILES  DELAYED PROSECUTION  AT COURTS  JUDICIAL DELAYS  LACK OF TRANSPARENCY IN SOME JUDICIAL PRONOUNCEMENTS  ENFORCEMENT AGENCIES  POLICE CLARITY, ACTION ESP. WHERE DIFFERENT IPRs ARE INVOLVED  CUSTOMS SKS LAW ASSOCIATES © 2014

SKS LAW ASSOCIATES © 2014