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Chapter 8: Intellectual Property

Terms in this set (48)

In 2011, Australia, Canada, Japan, Korea, Morocco, New Zealand, Singapore, and the United States signed the Anti-Counterfeiting Trade Agreement (ACTA), an international treaty to combat global counterfeiting and piracy.

The members of the European Union, Mexico, Switzerland, and other nations that support ACTA are still developing domestic procedures to comply with its provisions.

Once a nation has adopted appropriate procedures, it can ratify the treaty.

- to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting.
- ACTA applies not only to counterfeit physical goods, such as medications, but also to pirated copyrighted works being distributed via the Internet. The idea is to create a new standard of enforcement for intellectual property rights that goes beyond the TRIPS agreement and encourages international cooperation and information sharing among signatory countries.

Border Searches"
- Under ACTA, member nations are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods. The treaty neither requires nor prohibits random border searches of electronic devices, such as laptops, tablet devices, and smartphones, for infringing content. If border authorities reasonably believe that any goods in transit are counterfeit, the treaty allows them to keep the suspect goods unless the owner proves that the items are authentic and noninfringing.
- The treaty allows member nations, in accordance with their own laws, to order online service providers to furnish information about (including the identity of) suspected trademark and copyright infringers.
Catchy Phrases—Certain brands have established phrases that are associated with them, such as Nike's "Just Do It!" As a marketing manager for a competing product, you will have to avoid such catchy phrases in your own marketing program. Note, though, that not all phrases can become part of a trademark or service mark. When a phrase is extremely common, the courts normally will not grant trademark or service mark protection to it.

Abbreviations—The public sometimes abbreviates a well-known trademark. For example Budweiser beer is known as Bud and Coca-Cola as Coke. As a marketing manager, you should avoid using any name for a product or service that closely resembles a well-known abbreviation, such as Koke for a cola drink.

Shapes—The shape of a brand name, a service mark, or a container can take on exclusivity if the shape clearly aids in product or service identification. For example, just about everyone throughout the world recognizes the shape of a Coca-Cola bottle. As a marketing manager, you would do well to avoid using a similar shape for a new carbonated drink.

Ornamental Colors—Sometimes color combinations can become part of a service mark or trademark. For example, FedEx established its unique identity with the use of bright orange and purple. The courts have protected this color combination. The same holds for the black-and-copper color combination of Duracell batteries.

Ornamental Designs—Symbols and designs associated with a particular mark are normally protected. Marketing managers should not attempt to copy them. Levi's places a small tag on the left side of the rear pocket of its jeans. Cross uses a cutoff black cone on the top of its pens.

Sounds—Sounds can also be protected. For example, the familiar roar of the Metro-Goldwyn-Mayer (MGM) lion is protected.