ANAND AND ANAND THE ROLE OF COPYRIGHT AND INDUSTRIAL DESIGNS IN THE BRANDING STRATEGIES OF ENTERPRISES IN THE ELECTRONICS INDUSTRY SUNITA K. SREEDHARAN ANAND AND ANAND NEW DELHI

ANAND AND ANAND American Marketing Association’s Definition a Brand is a a Brand is a name, term, sign, symbol or design, or a combination of them name, term, sign, symbol or design, or a combination of them intended to identify the goods and services of one seller or group of sellers and intended to identify the goods and services of one seller or group of sellers and to differentiate them from those of other sellers to differentiate them from those of other sellers

ANAND AND ANAND PATENT COPYRIGHT TRADEMARKS TRADE SECRETS KNOW-HOW DESIGNS GEOGRAPHICAL INDICATIONS PLANT VARIETY BIODIVERSITY SEMICONDUCTORLAYOUT IPR PORTFOLIO TRADITIONAL KNOWLEDGE

ANAND AND ANAND Development of Your Brands Strategy Four important marketing components: Primary Target Customer and/or Client Primary Target Customer and/or Client Competition Competition Product and Service Mix Product and Service Mix Unique Selling Proposition Unique Selling Proposition

ANAND AND ANAND The successful brand must Deliver the message of credibility Deliver the message of credibility Deliver the USP Deliver the USP Connect with the users (even at subliminal level) Connect with the users (even at subliminal level) Compel the user to buy Compel the user to buy Thereby building brand loyalty Thereby building brand loyalty

ANAND AND ANAND Copyright Protection   COPYRIGHT is   an exclusive right - a bundle of rights   Reproduce, issue copies, perform, translate, adapt etc.   does not protect ideas, procedures, methods of operations, discoveries, functionality - only the expression of an idea in a tangible form   program, audio visual displays, source code and object code are protectable   Term of protection - Life + 60 years (India)   Copyright subsists worldwide - BERNE Convention

ANAND AND ANAND Copyrights A minimum modicum of creativity Right of make or reproduction Right of make or reproduction Right to issue copies – sell, rent or give for hire Right to issue copies – sell, rent or give for hire Right of public performance – communicate to the public Right of public performance – communicate to the public Right of public display Right of public display Right of public distribution Right of public distribution Right of importation Right of importation Derivative rights – adaptation, translation, inclusion Derivative rights – adaptation, translation, inclusion Right to assign or license Right to assign or license Moral rights / right of paternity Moral rights / right of paternity

ANAND AND ANAND LiteraryFilms Dramatic Musical Sound Recording Artistic

ANAND AND ANAND Copyright Protection Copyright infringement person without license/ in contravention of license does anything which violates exclusive right of copyright holder Infringing copies are Any copy made in violation of the bundle of rights. distributed for trade or to the extent to prejudicially affect the owner exhibited in public imported into India Computer programs no infringement if adaptations or copies made by lawful possessor to utilize program for purpose it was supplied back-up copies

ANAND AND ANAND Industrial Design DESIGN - “features of shape, configuration, pattern, ornament or composition of lines and colors applied to any article whether in two dimensions or three dimensions or in both forms by any industrial process or means, whether manually made, or mechanical or chemical, separate or combined, which in the finished article, appears to and are judged solely by the eye” DESIGN - “features of shape, configuration, pattern, ornament or composition of lines and colors applied to any article whether in two dimensions or three dimensions or in both forms by any industrial process or means, whether manually made, or mechanical or chemical, separate or combined, which in the finished article, appears to and are judged solely by the eye” Does not include a mode or principle of construction, or anything which is mere is in substance a mere mechanical device; or Does not include a mode or principle of construction, or anything which is mere is in substance a mere mechanical device; or A trademark, property mark or artistic work A trademark, property mark or artistic work ARTICLE - “any article of manufacture and any substance, artificial or partially artificial and partially natural and includes any part of an article capable of being made or sold separately” ARTICLE - “any article of manufacture and any substance, artificial or partially artificial and partially natural and includes any part of an article capable of being made or sold separately”

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The Brand Coke bottle – design – brand Coke bottle – design – brand Blackberry – the palm design Blackberry – the palm design McDonald’s – red and yellow colors and the golden yellow arched ‘M’ McDonald’s – red and yellow colors and the golden yellow arched ‘M’ Mickey Mouse – copyright – design - brand Mickey Mouse – copyright – design - brand

ANAND AND ANAND Brand Power It is all about the image projected across products and services to the CONSUMER (both passive and active) The Consumer is the King

ANAND AND ANAND Finally …. Sun Tzu The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand. The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes but few calculations beforehand. To fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy's resistance without fighting. To fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy's resistance without fighting.

ANAND AND ANAND THANK YOU Sunita K. Sreedharan