Legal Brand Flashcards
What are the 4 types of intellectual property?
Trademarks, copyright, designs and patents
What is genericide?
When a brand loses its identity as a result of being used to refer to any product of its kind e.g Jacuzzi
What do trademarks do?
Help brands protect their name, logo and jingles
What does copyright protect?
Ringtones and instruction manuals
What does designs protect?
Shape or look of a product e.g the shape of the iPhone
What does a patent protect?
The working parts of a product
Give an example of conflict of usage
Fake chicken shops trying to be KFC
What is a counterfeit good?
Inferior quality, made or sold under another brand’s name without the brand owner’s authorisation. To falsify, deceiver or defraud (Chaudhry & Zimmerman, 2009)
What is a copycat product?
Look a like products that are designed to copy brands with some degrees of difference
What is a parallel or grey import?
Goods which have been marketed for the first time by the rights owner, or with his consent, outside the European community and are then imported into the community. Example is somebody buying an iPhone in America, bringing it back to the UK and selling it on eBay, no warranty available
What kinds of counterfeit goods are there?
- car and aeroplane parts
- clothing, shoes, accessories
- mobile phones
- cd’s and DVD’s
- IT software
- Pharmaceuticals
Why should you not buy counterfeit items?
- it is illegal
- does not pay taxes
- do not treat employees fair
- been linked to funding terrorism and organised crime
- you become part of the cycle of counterfeiting
Define brand
A set of signs certifying the origin of a product or service and differentiating it from the competition (Kapferer, 2012)
How much does counterfeiting cost the UK and the World?
UK - £17 billion in 2016
World - half a trillion
