Transcript PATENTS, TRADE SECRETS AND COMPETITIVE INTELLIGENCE

SUNITA K SREEDHARAN
SKS LAW ASSOCIATES, NEW DELHI
23 July 2014, Delhi
Augmented
Product
Installation
Packaging
BRAND
NAME
Delivery
& Credit
Quality
Level
Core
Benefit
or
Service
Features
AfterSale
Service
Design
Warranty
Actual
Product
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Core
Product
CONTRACTS(LICENSING, ASSIGNMENTS
WARRANTY, LIABILITIES)
Copyright
Design
IMPORTS
Trade Dress
MARKETING
Product & /
Services
Trademark
Trade Secret
Patent
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R&D

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 TIMES
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
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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)
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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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