Brands: Intellectual property issues where the brand is king Jan Vidjeskog Senior Counsel PHILIP MORRIS INTERNATIONAL MANGEMENT S.A.
Philip Morris International, Inc. The leading international tobacco company Our brands are sold in more than 180 markets Brand portfolio includes among others Marlboro, and L&M, the world’s 1st and 3rd most popular brands. Held an est. 15.6% share of the total international cigarette market outside the U.S., or 28.6% excluding the China and the U.S. (2014)
Established IP Portfolio Management Mr. Philip Morris opens a single shop on London’s Bond Street in 1847 First TM filing made in 1876 TM “AMBASSADEURS”* Portfolio: 50’000+ trademarks registrations Thousands of domain names Copyright and design Trademark team of ~ 25 professionals in-house *)Source: UK Intellectual Property Office
Established brand owner’s IP challenges Mitigating IP risks in business Ensuring adequate protection Enforcing effectively Cost efficiency
Country laws Important for protection, enforcement and risk mitigation Predictability through law and judicial practice crucial For ex. New Trademark Law in China good step in right direction, but… How law is applied will still develop in Courts Factual circumstances remain challenging
Internal policies Key for ensuring compliance – Minimum standard for broad audience Simple tool to ensure: Mitigation of infringement risk vs. 3rd party IP No loss of rights Reporting infringements of company IP Challenging to keep contemporary and effective
Brand usage guidelines Ensure consistency and help maximizing protection and enforceability Challenging to maintain in fast moving business environment More complex tool for specific audience Concepts of dilution, distinctiveness challenging Business goals vs. strong protection can differ
Training Training allows tailored and targeted approach Can be resource intensive – Technology helps Continuity and value is key to effectiveness
Trends and developments Business pace increasing – IP laws under pressure Globalization and Digitalization – Enforcement challenges Increased complexity – Training needs grow
Conclusions Need to adapt to changing environment Use all tools – Laws, policies, guidelines, training Control cost and priorities