intelectual_property_rights branding.ppt

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1. IPR and branding
Patents and trade marks

2. A company in Honduras has a good market share with
a branded product in the local market.
The company is considering the EU market for
international expansion.
The company has some options
1.Find a buyer in the EU that has a trade mark/brand
and manufacture the product for this buyer
2.Sell the product to the EU under its own brand
Give some good reasons for both options and
explain the consequences for option 2.

3. •…………………………………….
•…………………………………….
•……………………………………..
•………………………………………
•………………………………………
Intellectual Property Rights

4. Intellectual Property Rights
•Patents
•Trade marks
•Geographical
denominations
•Industrial designs
•Copyright

5. “Exclusive rights granted by the State
for inventions, new and original
designs, trademarks, new plant
varieties and artistic and literary
works”.
© ®™
Intellectual Property Rights

6. The right to prevent others from
•using
•manufacturing
•distributing
•products
•processes
•applications
•trade names
•geographical names
•ideas
•designs
Industrial Property Rights

7. PATENT TRADE MARK
Validity of
protection
when and where
registered
when and where
registered
Refers to
products
processes
applications
names, logo,
shape, symbol,
color, domain
Criteria
novelty, level of
inventiveness
no confusion,
generic name
EU registration
EU patent office
Munich, Germany
OHIM
Alicante Spain
Website www.epo.org
http://oami.europ
a.eu
Duration
20 years,
not renewable
6-10 years,
renewable

8. Duration of protection
YEARS RENEWABLE
Patents 20 (6) No
Trade marks 6-10 Yes
Designs 6-10 Yes
Copyright
70
after death
No

9. Trade marks
Name
Logotype
Symbol
Slogan
Shape
Color

10. Registration of trade marks
NATIONAL REGIONAL INTERNATIONAL
WHERE
Each country
where you seek
protection
EU:
OHIM, Alicante,
Spain
WIPO
system for 77
countries
FEES
National fees for
each country
National fees for
each country
or EU fees
One fee
LANGUAGE
Translation into
national
languages
One language One language
WHEN
May be
convenient if
limited number of
countries or no
alternative
For EU market If protection in
more countries is
needed.

11. Not allowed / not valid
•Violation of public order and morale
•Copy of earlier registration (bad faith)
•Withdrawal from register
•Not in use ( 5 years)
•Evolution into generic name
•Formica, cellophane, compact disc

13. Common mistakes
•Believing that trademark protection is
universal
•Using a trademark that is already
registered or is being used by competitors
in export market (Nike, Olympics 1992)
•Using a trademark that conflicts with a
protected geographical indication (South
African winegrowers –“Champagne”
•Leaving the ® sign on a product even
when exported into a country where it
has not yet been registered

14. “The right to exclusively produce,
use and/or market a
•Product
•Process
•Application
Registration in EU :
Patent office, Munich, Germany
http://www.epo.org
Patents

15. Extremely complex because of its criteria,
Result of too many funny/weird applications :
•Novelty, not publicly known Boomerang
•Product/process/application Aspirine
•Industrial, not software: Copyright
•Level of “inventiveness” Cashmere
brush
•Applicability Mars-shoes
Patent legislation

16. Registration of patents
NATIONAL REGIONAL
WHERE
Each country where you
seek protection (through
EPO website) or through
national patent office in
your country
European Patent Office
www.epo.org
US Patent Office
www.uspto.gov
FEES
National fees for each
country
National fees for each
country
excl. Benelux
LANGUAGE
Translation into national
languages
One language
WHEN
May be convenient if
limited number of
countries or no
alternative
For EU market
For US market

17. •Patents
•product, process, applications
•Registration :difficult to prove “novelty”
•limited duration
•Trade mark
•name, symbol, shape
•Registration : do not create confusion
•renewable
•IPR : only protection when
registered (excl. copyrights)
In a nut shell