Brand protection

Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand equity, reputation and trust. Brand protection seeks primarily to ensure that trademarks, patents, and copyrights are respected, though other intellectual property rights such as industrial design rights or trade dress can be involved.[1] Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement.[2]

A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used.[3][4] Counterfeiting of physical goods that involves trademark infringement is indeed one of the predominant forms of intellectual property infringement.[5] However, both copyright and patent infringement are possible without an associated trademark infringement, and both may result in loss of revenue and of brand equity. Eliminating diversion, gray market, or product theft and resale, are generally considered as well as part of a brand protection strategy, even though an intellectual property may not be necessarily infringed.[6]

  1. ^ "Trade Dress Watch: A case for counterfeit trade dress | | Insights | DLA Piper Global Law Firm". DLA Piper. Retrieved 2020-05-02.
  2. ^ "IP enforcement: asserting your rights | European IP Helpdesk". www.iprhelpdesk.eu. Retrieved 2020-05-02.
  3. ^ "BRAND PROTECTION | meaning in the Cambridge English Dictionary". dictionary.cambridge.org. Retrieved 2020-05-02.
  4. ^ Fairley, Michael; Plimmer, Jeremy (2019). Encyclopedia of Brand Protection and Security Printing Technology. Tarsus Exhibitions & Publishing Ltd. ISBN 978-1910507209.
  5. ^ Trade in Counterfeit and Pirated Goods: Mapping the Economic Impact. Illicit Trade. 2016. doi:10.1787/9789264252653-en. ISBN 9789264252646. Retrieved 2020-05-03. {{cite book}}: |website= ignored (help)
  6. ^ "PROTECTING BRANDS AGAINST THE GRAY MARKET | On Publishing". Retrieved 2020-05-03.

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