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So... you've created a new logo, a new image, a brand new Look and Feel for your client.
It looks great and you're about to hand it over to your client and move on to the next job in your in-tray... STOP! your creative work has intrinsic worth as a new piece of intellectual property (IP). It has a value of its own - to you, the agency you work for and/or your client. Have you thought about how it should be protected and managed?
Think of it as selling your creative work at two different levels: the first is the new logo you've created and the second is your contribution to the development of your client's brand in the long-term. The long-term value of the names, campaigns, logos, jingles and phrases that you create can be substantial. A brand is saleable property which can be greatly enhanced if protected by IP rights, such as a registered trade mark.
As Trevor Flett, Creative Director of FutureBrand FHA highlights "If you are not in control of your trade marks, you are not in control of your business. It is important for an agency and it's clients to know what their intellectual property is, what it is worth and to lever it and commercialise it."
Strategic use of the IP system profits you and your client
IP knowledge can help you help your client. Your client will appreciate the value-added service you can provide and it might prevent them from a spectacular, costly embarrassment or worse - a business in financial ruins.
Using the Trade Marks register to your advantage
Who's got your logo?
Failure to search the Trade Marks Register before launching a new brand can result in wasted expenditure on marketing campaigns
if someone else owns the brand, or a brand considered to be too similar.
Your client may end up having to withdraw the product from the market to ensure they do not infringe the other trade mark. At best, your client won't be thankful for the cost or the long delay of re-inventing a new product brand. At worst, the company will be liable for infringement of someone else's trade mark.
Sound risk management aside, searching the Trade Marks Register also gives you an idea of what your competitors are developing. If you're unsure about searching the register yourself, professional help is available to conduct a thorough search.
Where to from here?
Raise the issues outlined above with your client and suggest they talk to an IP professional, such as a trade mark attorney or IP lawyer, to find out how to reap the benefits of protecting intellectual property.
AT LEAST REMEMBER THIS MUCH:
Too busy? At least remember this much about intellectual property (IP)
- IP rights protect your creative ideas - the very basis of your existence. The IP system is valuable to your agency and your client in terms of risk management and commercial advantage.
- The types of IP rights most applicable to your industry are trade marks, design and copyright. Domain names, although not IP rights, are also important intangible assets.
- You can use a combination of IP rights to maximise protection and profits.
- As a designer/advertiser working for an agency, at the very least you should protect yourself, your agency and your client by searching the Trade Marks Register to ensure your new creative ideas do not infringe existing trade marks.
- IP rights are important to your client because rights such as trade marks are critical to long-term brand development. They are also a valuable, saleable property, which add considerable value to a company's bottom line.
- Be strategic - identify, exploit and manage IP, be it registered or unregistered IP.
- Deter infringers by placing ownership notices on products and materials and enforce IP rights.
- For help, visit IP Australia's website, http://www.ipaustralia.gov.au, or call 1300 65 1010.
For more information:
email marketing@ipaustralia.gov.au
phone 1300 65 1010
About IP Australia
IP Australia is the federal government agency that grants rights in patents, trade marks and designs. Our mission is to ensure that Australians benefit from the effective use of intellectual property (IP), particularly through increased innovation, investment and trade. IP Australia incorporates the Patent, Designs and Trade Marks Offices. It is a division of the Department of Industry, Tourism and Resources (ITR) but operates independently and reports directly to the Minister.
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