sunita k sreedharan sks law associates, new delhi 23 july 2014, delhi
TRANSCRIPT
SUNITA K SREEDHARANSKS LAW ASSOCIATES, NEW DELHI
23 July 2014, Delhi
BRANDNAME
QualityLevel
Packaging
Design
Features
Delivery& Credit
Installation
Warranty
After-Sale
Service
CoreBenefit
orService
CoreBenefit
orService
ActualProduct
ActualProduct
CoreProduct
CoreProduct
AugmentedProduct
AugmentedProduct
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Patent
Trade Secret
Trade DressDesign
Trademark
Copyright
Product & /Services
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CONTRACTS- (LICENSING, ASSIGNMENTSWARRANTY, 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.
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MANY POSITIVE DEVELOPMENTS IN RECENT TIMESEXCELLENT DECISIONS FROM COURTS ON
TRADEMARKS AND COPYRIGHTSPOLICE ACTION IN SOME SITUATIONS
COMMENDABLETHE ENFORCEMENT OF IPR UNDER
CUSTOMS ACT (INTELLECTUAL PROPERTY RIGHTS (IMPORTED GOODS) ENFORCEMENT RULES, 2007)
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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
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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
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