Why IP?: a compendium

Introduction
A Briefest of Histories

Further Information:

The legal issues affecting a new brand name
The legal issues affecting a new logo
The legal issues affecting a new design
Protecting a new brand name or new logo
Protecting new designs
Protecting ideas
A Trade Mark Attorney
Enforcement
Defending a trade mark
Defending other IP rights
Delimitation of rights
Licensing
Franchising
• Exploitation of IP rights also features in media use, in advertising and entertainment (often by way
of sponsorship of sports and other entertainment events). Sponsorship arrangements are governed
by agreements between sponsors who are usually brand owners seeking to extend the profile or
awareness of their brands, and the organisations being sponsored (such as motor racing teams).
Examples of sponsorship are seen every day and this form of exploitation, if used properly, can be
one of the most cost effective forms of marketing. Cornhill Insurance was virtually unknown as a
brand until its “awareness” was transformed by becoming the principal sponsor of Cricket Tests in
England in the 1980’s. Such arrangements are not restricted to sports but can be used in other
contexts such as entertainment events (e.g. concerts), charity events, venues (e.g. stadia) and
institutions (such as museums or art galleries). In short the relationship involves the granting to the
brand owner of a range of marketing benefits, including the right to have its brand associated with the
sponsored organisation in a specified manner and in relevant media coverage, in return for monetary
payments. The arrangement can often involve the granting of a trade mark licence by the brand
owner to the sponsored organisation allowing the latter to use the brand owner’s trade mark in
respect of pre-defined products and/or services. Careful analysis is required by potential sponsors of
sponsorship opportunities and organisations, for example, to ensure the right market is targeted and
that the brand is not adversely affected. Agreements governing sponsorship relationships should
reflect these objectives.
Exploitation of Intellectual Property rights: raising funds and securitisation
Intellectual Property Rights as investments
Acquisition and transfer
Registration of transactions
E-commerce and the internet
Trade Marks and the internet/e-commerce
Domain names, “ownership” of a name and cyber-squatting
Disputing domain names
Websites and e-commerce – legal issues
Contractual issues in e-commerce
The legal issues affecting advertising
Intellectual Property and Insurance
Intellectual Property and Insolvency

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