Before launching new products on the market, it is necessary to conduct preparations in terms of protection and non-violation of intellectual property rights.
1. identify the main competitors in the market;
2. to study the products of competitors and their intellectual property;
3. cooperation – brand managers, marketers in one team with lawyers;
4. conduct a preliminary search both on the Internet and in specialized databases depending on the object;
5. apply for registration of objects;
6. pay attention to product labeling in accordance with legal requirements;
7. regularly monitor the market.
The objects of intellectual property rights are trademarks, industrial designs, inventions, utility models, works of science, literature, art and other results of intellectual work.
Almost everything in essence that is created by human is the result of intellectual labor:
– the name of the new product is a trademark;
– a new method, for example, in production – an invention, utility model;
– product label/appearance – industrial design, etc.
Exact with creating a new product simultaneously a number of intellectual property objects arise that should not only “protect” their owner, but also not violate the rights of third parties/market participants and the current legislation of Ukraine.
Knowing competitors and their product is an indispensable condition nowadays. Competitors in the market by their example will help to understand the general trends of your market. The names of their products inspire creativity in creating their own product line.
It is important that the team of lawyers works with the managers and marketers of the company and all participants involved in the development of new products. Some of them create a new product, others – check for compliance with the requirements of current legislation. Such a duet is the key to the success of the company and minimizing the risks of lawsuits.
Each product has its own name, in the future – a registered trademark, one of the most popular objects of intellectual property rights in our country.
Legislation of Ukraine on trademarks clearly regulates signs that cannot be registered. For example, common and descriptive concepts; designation contrary to the principles of humanity and morality; designations that are similar or identical to previously submitted or registered TM, etc. With special databases (with trademarks, patents, etc.), as well as just the Internet could check already registered trademarks.
With this check, you need to start, because having brought a product to the market, investing, and in return getting litigation for years and lack of registration is not a very good prospect.
The next step will be the registration of an object. The authorized body is the State Enterprise “Ukrainian Institute of Intellectual Property” (Ukrpatent). The registration is the legitimate reason to prohibit other persons from using without his consent and going to court.
Particular attention should also be paid to product labeling, indication of all reliable data, etc. In this case, you should comply with the Law on the Protection of Consumer Rights, as well as the Law on Protection against Unfair Competition. Failure to comply with requirements, violations of current legislation can cause not small fines.
And finally, it is recommended to regularly monitor the market.
Market monitoring will provide information on the activities of competitors, new trends in the market, and will also help identify violators of your intellectual property rights, including counterfeiting your products. Counterfeiting is the loss of profit, reputation, and what’s worse can harm the life and health of consumers.
Elena Polosmak, Managing partner of Crane IP Law Firm