Which One Should You Pursue First Trademark Registration Patent Registration Or Industrial Design

Jul 7, 2022 | Corporate & Compliance

Intellectual Property (IP) has been recognized to be positively related to business valuation. For that reason, business owners are encouraged to protect their IP. Contrary to a tangible assets, IP as an intangible assets is free from depreciation unless its protection ends. The protection period is vary depending on the type of each IP. There are several types of intellectual property that may be overwhelming for some business owners. Hereby we summarize the basic guideline to monetize your intellectual property.

Classify your IP

Intellectual Property are divided into seven category such as, copyright, mark, geographical indication, industrial design, layout design unified circuit, patent and trade secret. Copyright exists automatically to an original work of a creator that makes copyright does not require approval. However, the owner can enhance the protection by registering it to the Directorate General of Intellectual Property (DJKI) as the Indonesian authorized institution. This is also applied to trade secret that requires no approval, the trade secret will be protected as long as the owner keeps the secret. On the other hand, mark, industrial design and patent require approval from the authority. This is the reason why these three types of IP need extra effort to protect.

Understand the protection strategy

(national protection → do you need to protect it in more than one country?)

It is important to understand that IP protective properties are within the national scope and it is first to file. For example, when a trademark is registered in Indonesia, it will only be protected in Indonesia. In order to protect such trademark in another country, there is further registration needed following the requirements regulated by the respective countries. For those who already know that they want to expand the business overseas, they will need to register their IP in two countries or more. There is a way to make multiple applications through World Intellectual Property Organization that will help the IP owner to file multiple registrations by selecting several countries that they wish to register.

After knowing the concept of IP classification and its protection strategy, now take a look at your business model to decide personalized IP protection that is suitable for your current needs.

Know your business

Mark which can be a trademark and or service mark is related to the brand for commercialization purposes.
If your business model is focusing on products and services branding, you would focus on securing the brand first, whether it is a trademark or service mark to distinguish your product from other competitors. For example, your business is in the field of food and beverage, consumer goods, etc.

A patent will be related to technology-oriented business which actively involves research and technology development
When your business model is having a complex technology-oriented industry that you may have some novelty invention, then you are urged to pursue patent protection. For example, you develop a formulation to prevent aging that no one ever found before or anything that you can do with software etc.

Industrial design is closely related to a business that has a sense of fashion and style
Lastly, if your business is in the field of design, fashion and any other related stuff that determines some configuration, shapes, ornament and color combination that are produced in a sufficient amount you should protect the industrial design. For example, the business that related to a fashion item such as bags, shoes, sunglasses etc.

Set your short-term and long-term IP goals.
You may start humbly with an idea that you intended to protect your IP just to feel safe and recognized. Although it will be best to cover all your basis by protecting your IP comprehensively, at the first time, you may only register one aspect of your IP. As time goes by you will feel the need to protect all aspects of your IP since one product may contain more than one IP aspect, it can be trademark and patent, trademark and industrial design, the list goes on even one trademark can be followed by another trademark. For example, company’s brand plus product brand. Once the business growing, and more people love your product you can initiate to commercialize your IP through licensing and franchising.

Moreover, you need to consider doing IP monitoring to maintain your IP value, keep tracking the competitor and develop new strategies to magnify the business.

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