| Introduction | | | | The World Intellectual Property Organization (WIPO) |
| Globalisation is referred to as a set of profound | | | | has initiated and promoted the Madrid Protocol, which |
| material changes that have an impact on relations | | | | establishes a system for the international registration |
| between societies in the past few decades. The | | | | of trademarks to reduce this cost due to multiple |
| identifiable features of these material changes are | | | | registrations in different countries. This protocol is |
| witnessed in the development and growth of web, | | | | termed as the Intellectual Property Rights. Intellectual |
| satellite transmission, fibre-optic technology, | | | | Property Rights cover Patents, Trade-marks, |
| broadband operations, transnational corporations and | | | | Industrial designs, Copy rights & related rights, |
| the emergence of World Trade Organisation. | | | | Geographical indications and Trade secrets & |
| Globalisation is transformation of how ideas travel and | | | | Undisclosed information. Trademarks have become |
| the nature of their final destination leading to increase | | | | more than a means of protecting market share. |
| in international trade thereby increased competition. | | | | They have become an invaluable tool in claiming and |
| Firms expand by penetrating established markets to | | | | creating markets. From just being a trade mark, they |
| create new markets for their products. This | | | | become trust marks as brands. According to the |
| necessitates them to have identity for them by | | | | author and journalist Naomi Klein, "branded world |
| establishing trademarks by way of branding and keep | | | | where the logo is a common language understood by |
| on administering to create value. While expanding and | | | | everyone" leading to a shift in corporate marketing |
| penetrating newer markets; developing, promoting | | | | strategies: from promoting commodities based on the |
| and performing marketing operations using different | | | | needs of the marketplace, to promoting a brand to |
| trade marks for different countries become costlier. | | | | represent a lifestyle thereby create needs in the |
| The more the countries a trademark is known, the | | | | marketplace. The branding strategy makes the |
| greater is its value and the greater the need to | | | | trademark and the socio-cultural identities associated |
| protect the same by registering at the global level. | | | | with the mark including the product itself. |
| Trademark registration involves not only higher costs | | | | Intellectual property in a brand plan becomes critical |
| but also procedural constraints while registering the | | | | as business incubator or investors need to |
| same in every country. | | | | understand and accept the coherence of the brand |
| Brands have become part of not only an economic | | | | idea including its protection. New or original knowledge |
| market, but also a metaphorical market because they | | | | and/or creative expression of ideas, protectable by |
| involve and propagate a system of using signs to | | | | the system of intellectual property (IP), underpin their |
| control meaning and language as brands fulfils several | | | | competitive advantage and success. Therefore, a |
| different economic functions. | | | | brand plan should cogently reflect how the firm plans |
| Identification: On a basic level, it serves an | | | | to protect, manage and leverage its intellectual |
| identification function by associating a product with a | | | | property assets for brand success. Patents for |
| company. | | | | Brands provide exclusivity for the commercialization |
| Communication: More abstractly, it has an informative | | | | of inventions and often play a crucial role in |
| function, in that it provides a vehicle for the efficient | | | | convincing investors or lenders. One or more patents |
| communication of information, thereby reducing | | | | along with industrial design registrations reflect as a |
| consumer search costs in choosing a product. | | | | proof of brands ability to dissuade competitors using |
| Signaling: The use of branding in advertising also | | | | original or aesthetically attractive features of the |
| serves a signaling function, in that, it suggests that a | | | | brand. Therefore, a brand plan should integrate |
| company who is willing to expend a substantial sum | | | | intellectual property and reflect the steps that are |
| on its advertising must have developed a good | | | | planned to develop, register and effective use of |
| product. Expression: Lastly, branding also serves an | | | | intangible assets to win and retain market share from |
| expressive function, in the sense that it links a | | | | competitors. |
| particular consumer identity or essence with a | | | | While integrating intellectual property, operational |
| product. | | | | elements that make the brand innovative like, |
| Mega - branding Strategy | | | | Challenge, customer focus, creativity, communication, |
| Branding involves not just the product name, | | | | collaboration, completion and contemplation should |
| advertisements, or the use of a logo, but the core | | | | also be considered. |
| assumptions and beliefs that are conjured up when | | | | Issues |
| one thinks of the brand. The best brands were those | | | | The possibility of inadvertently infringing a third |
| who could generate a certain psychological feeling | | | | party's intellectual property rights is high in high-tech |
| about the product. Thus, the "brand essence" moved | | | | sectors. Confidential information such as details of |
| away from a focus on the product and toward a | | | | production, inventions, and technical, financial and |
| psychological association of the brand with a certain | | | | marketing know-how is often the source of |
| identity. Today, firms undertake "mega-branding" | | | | competitive advantage. Intellectual Property can be a |
| strategy, in which firms devote a substantial portion | | | | highly valuable asset. Managing and ascribing a value |
| of their income towards placing their logo on a | | | | on the balance sheet of the brand will make it more |
| variety of different products and events, further | | | | attractive to potential investors. The more the |
| amplifying the link between psychological, cultural and | | | | position in the market place is exploited, more the |
| corporate association. In this way manufacturers | | | | value will be of the property while licensing it or selling |
| control both supply and demand by manipulating | | | | the brand. |
| consumer trends through the skilful promotion of the | | | | Conclusion |
| brand. | | | | Administering Intellectual Property is an arduous task |
| Brand Plan - A Valuable Management Tool | | | | for approaching investors and considering the market |
| Brand plan is a crucial step in charting a business | | | | opportunities for the brand. As the Intellectual |
| route to success. A good brand plan provides an | | | | Property provides the brand with competitive |
| overview of where the brand is, how it plans to | | | | advantages and increases its value, it is necessary to |
| position or reposition itself, and how it seeks to | | | | let the investors know that the intellectual property |
| achieve its business objectives. A well-prepared and | | | | integrates with the brand plan. Reference to the |
| regularly updated brand plan is a valuable | | | | assets of the brand and its market opportunities |
| management tool that serves variety of purposes. It | | | | should list both the tangible and intangible assets, as |
| helps examine the feasibility of taking a brand idea to | | | | the latter are often the key to success of the brand. |
| the market. A written brand plan forces a firm to | | | | The growing emphasis on the brand has been |
| think through all the key issues - such as the potential | | | | paralleled by a massive expansion of property rights |
| demand, the nature of the competition, entry | | | | in trade symbols. In the past, the law's major |
| barriers, the unique selling proposition, key employees, | | | | emphasis focused on protecting a mark in order to |
| relevant technologies and strategic partners, raising | | | | avoid the danger of consumer confusion, or piracy |
| funds, projected start-up costs, and the like. | | | | between goods which used similar marks. However, |
| A brand plan is a reference document that provides | | | | today, the focus has shifted towards trademark |
| management with an objective basis for determining | | | | protection. In other words, in order to protect their |
| whether the brand is on track to meet its goals and | | | | trade marks used in advertisements and logos, firms |
| objectives with the available resources in a set | | | | turn to trademark law, and copyright law. As per the |
| timeframe. Innovation is very important and critical to | | | | trademarks, 1999, the term mark includes a device, |
| the future of the brands. Context, Leadership and | | | | brand, heading, label, ticket, name signature, word, |
| core values of the brands are the drivers of | | | | letter or numeral or any combination thereof. The |
| innovation. One needs to address "What is the | | | | new Trade Marks Act, 1999 has made far reaching |
| current situation of the brand? What threats for | | | | changes in the act considering the liberalisation and |
| survival might exist?", "What is the leadership | | | | globalisation of economy. They include particularly the |
| passionate about? What drives the choices, decisions | | | | following:a. Registration of Service Marksb. Collective |
| and behaviour in the organisation? How innovation | | | | marks providedc. Two parts A & B abolishedd. |
| and creativity improve brand? How this can be | | | | Well known trademarks protected even if not |
| strengthened to be considered as a global brand? | | | | registerede. Shape of words can also be registered |
| Customer analysis and brainstorming help generate | | | | Hence, intellectual property law should form a key |
| ideas for innovation. Internal sources and customers | | | | part of every aspect of a good brand plan. |
| are the best sources of ideas. | | | | |