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
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American Marketing Association’s Definition

a Brand is a
 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
 to differentiate them from those of other
sellers
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TRADE SECRETS
PATENT
KNOW-HOW
COPYRIGHT
DESIGNS
TRADEMARKS
IPR
PORTFOLIO
GEOGRAPHICAL
INDICATIONS
TRADITIONAL
KNOWLEDGE
SEMICONDUCTOR
LAYOUT
BIODIVERSITY
PLANT VARIETY
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Development of Your Brands Strategy
Four important marketing components:
 Primary Target Customer and/or Client
 Competition
 Product and Service Mix
 Unique Selling Proposition
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The successful brand must
Deliver the message of credibility
 Deliver the USP
 Connect with the users (even at subliminal
level)
 Compel the user to buy
 Thereby building brand loyalty

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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
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Copyrights
A minimum modicum of creativity
 Right of make or reproduction

Right to issue copies – sell, rent or give for hire

Right of public performance – communicate to the public

Right of public display

Right of public distribution

Right of importation

Derivative rights – adaptation, translation, inclusion

Right to assign or license

Moral rights / right of paternity
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Literary
Musical
Films
Sound Recording
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Dramatic
Artistic
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
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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”



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
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
 Blackberry – the palm design
 McDonald’s – red and yellow colors and
the golden yellow arched ‘M’
 Mickey Mouse – copyright – design brand

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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
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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.

To fight and conquer in all your battles is
not supreme excellence; supreme
excellence consists in breaking the
enemy's resistance without fighting.
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THANK YOU
Sunita K. Sreedharan
[email protected]
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