The Importance of Intellectual Property Rights on Marketing Plans
Intellectual property rights play an essential role in the marketing strategy of a rising number of businesses, and it entails a collection of processes, inventions, and communications services that have value for clients, consumers, or society as a whole. Intangible assets are created via marketing, and they can be protected by intellectual property rights. In reality, the protection of intangible assets in a marketing campaign is the first significant feature of intellectual property rights’ importance on marketing strategy.
Regardless of the above, eagerly attracting the attention of clients or consumers and seeking to outdo the competition, marketing efforts can occasionally go beyond legal limits, particularly when it comes to the protection of intellectual property rights that are legally protected. In this regard, marketing strategy compliance with legal requirements is also a critical issue where marketing and intellectual property must operate hand in hand. An illegal campaign may have implications for the communication strategy as a whole, as well as serious legal consequences.
The various types of intellectual property rights that might be used in marketing campaigns
Some examples of marketing communication and strategy include new commercial names, logos, domain names, product names, slogans, flyers, white papers, brochures, newsletters, landing pages, and website designs. Whether or not they are covered by intellectual property rights in the specific situation will depend on whether or not they meet the relevant standards for protection. They can, however, all be protected, at least in theory. Depending on the type of asset in question, the extent and manner of protection will change.
A trademark is a symbol (word or figurative) that distinguishes one source’s products or services from those of another. New signs launched in the communication are a typical occurrence in marketing advertisements. These signs are generally sub-brands that appear as a brand-new message to debut a new product, service, or benefit for the relevant audience, whether or not they are associated with the company’s primary brand. They should be registered as trademarks since they are unique signals that correspond to the principle of novelty for marks.
The ornamental or aesthetic feature of a product, such as its color, form, or lines, is protected by industrial designs. Industrial designs can be three-dimensional or two-dimensional. In this view, industrial design should preserve creative designs employed in marketing campaigns as long as they are innovative and non-obvious.
The copyright is the final significant intellectual property issue to examine. Copyright is a legal term that refers to the exclusive right to protect certain types of original works. White papers and newsletters can be included under this intellectual property protection. Copyright may also be used to protect landing pages and website designs; however, there may be some overlap between copyright and industrial design in these circumstances, which isn’t always a negative thing because they compliment each other. In reality, in most countries, copyright protection outlasts the legal protection provided by industrial designs.
In contrast to other intellectual property rights, a copyright is automatically protected. In this sense, despite being highly recommended, copyright registration is no longer essential. Without any procedures, the copyright will be secured from the moment it is created.
As previously stated, the marketing process normally involves the release of a range of communication materials. There is a risk of violation of someone’s intellectual property rights, in addition to the protection provided by the above-mentioned intellectual property rights.
With this in mind, it’s critical to do a prior effective intellectual property conformity compliance, which will protect your company from lawsuits, lost earnings, and a ruined reputation.
