A Handbook of Intellectual Property Management: Protecting, by Adam Jolly, Jeremy Philpott

By Adam Jolly, Jeremy Philpott

* top innovators and IP specialists supply recommendation on various themes together with: the worth of IP; ecu Union vs US legislation; trading IP rights; motion opposed to counterfeiting and piracy

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So before an individual or organization settles on a name for a new business, product or service, it should at least spend a few minutes checking the trade marks register. And if it wants to stop others jumping on the reputation it hopes to acquire under a name, it should seek appropriate registration for that name. Existing brand owners also want to check that competitors are not attempting to register trade marks that are too similar to their own. This is why trade marks are published (‘advertised’) three months prior to registration: to allow others to check that marks that might be confusingly similar to their own, and that might threaten to dilute their brand, are not getting onto the register.

Tax planning is _________________________________________________ BRAND EQUITY 27 ឣ required to ensure that a tax-efficient structure is determined for legal and economic ownership of trade marks and transfer pricing. In many organizations, these distinct skill sets reside in separate silos. The parties involved have different reporting lines and functional objectives that might not be aligned to those of the brand. This explains the many examples of dysfunctional brand behaviour. Examples include giving the rights to use valuable trade marks to joint ventures, or third parties, for little or no consideration; tax structures being ignored by operating companies; and brands being launched in markets without trade mark protection.

Thus, a jury will usually try even highly technical patent litigation. However, the damage awards in US litigation are very much larger than those in the EU, and attorneys who are prepared to work on a contingency fee basis are more prevalent. Summary There are many more pitfalls in obtaining and enforcing IP and particularly patents in the United States than in the EU. However, it has to be remembered that, in view of the market size of the United States, the potential benefits are high. The EU does not yet have truly uniform IP laws, and while there is continuous movement towards harmonization, it has been painfully slow.

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