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SUNITA K SREEDHARAN SKS LAW ASSOCIATES, NEW DELHI 23 July 2014, Delhi
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BRAND NAME Quality Level Packaging Design Features Delivery& Credit Installation Warranty After- Sale Service Core Benefit or Service Core Benefit or Service Actual Product Actual Product Core Product Core Product Augmented Product Augmented Product SKS LAW ASSOCIATES © 2014
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Patent Trade Secret Trade Dress Design Trademark Copyright Product & / Services SKS LAW ASSOCIATES © 2014 CONTRACTS- (LICENSING, ASSIGNMENTS WARRANTY, LIABILITIES) IMPORTS R&D MARKETING
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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. SKS LAW ASSOCIATES © 2014
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MANY POSITIVE DEVELOPMENTS IN RECENT TIMES EXCELLENT DECISIONS FROM COURTS ON TRADEMARKS AND COPYRIGHTS POLICE ACTION IN SOME SITUATIONS COMMENDABLE THE ENFORCEMENT OF IPR UNDER CUSTOMS ACT (INTELLECTUAL PROPERTY RIGHTS (IMPORTED GOODS) ENFORCEMENT RULES, 2007) SKS LAW ASSOCIATES © 2014
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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 SKS LAW ASSOCIATES © 2014
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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 SKS LAW ASSOCIATES © 2014
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sunita@skslaw.org SKS LAW ASSOCIATES © 2014
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