THE CURIOUS CASE OF INTELLECTUAL PROPERTY RIGHTS AND E-COMMERCE

By Pooja Bhatia

Though not very common, in the United States of America, you can also protect the business method as a patent.

What is Intellectual Property?

The World Intellectual Property Organisation (WIPO) defines IP as, “creations of the mind such as inventions, literary and artistic works, designs and symbols, names and images used in commerce”.

IP helps in the protection of brands, products and ideas from unauthorised use. When IP is protected and granted, it becomes Intellectual Property Rights. The rights are granted by a government body and are limited to the country where these rights are granted.

What use does IP have in e-commerce? Many.. Let me explain.

IP is not only an asset for your business, but is also a tool to:

1. Protect your interest

2. Increase the valuation of your business, as IP is an asset, it adds up in your balance sheet too.

3. Beat the competition

4. Prevent infringement of rights

5. To be traded and licensed.

Here are some ways in which you can incorporate IP in your e-commerce business:

• Trademarks protect brand names, logos and slogans.

• Copyrights protect original works of authorship, such as books, music, and software.

• Patents can be used to protect inventions and in some countries, like the United States of America, even business methods.

• Trade secrets protect confidential business information, such as customer lists, pricing data, and manufacturing processes.

what can be protected?

country where it is registered.

3. That you are not protecting something that has already been registered.

follows:

1. Logos, slogans, taglines, product or service name (s), domain names, hashtags, and smells

2. Search engines and specific tools created

3. Software

4.Design of the website

5. Content, manuals, flowcharts, databases, books, training modules, etc

6. Music, videos, songs, poetry

7. Photographs and paintings

8. Business methods.

A good strategy would be to use a combination of all forms to have a powerful arsenal. Moreover, an asset can only be an asset if it is protected, valid, and if the law is enforced. While protecting any IP, keep in mind:

1. The scope needs to be defined properly

2. The IPR has to be maintained by paying the maintenance fees for each form in every

A trade secret has value until it is no longer a secret, which means you have to put in effort to protect it. Thus, you will have to use other means to keep it confidential.

Here are some tips for protecting IP in e-commerce:

1. Register your IP: Registering your IP with the appropriate government agency, in the appropriate country, can provide you with a valuable legal right to your IP.

2. Use strong security measures to prevent unauthorised access to your computer systems and data.

3. Monitor for infringement for unauthorised use of your IP. If you find any infringement, take immediate action to stop it.

4.Educate your team and collaborators on usage and protection.

5. Have protocols for use and governance of IP

6. Use confidentiality

About Pooja Bhatia

I agreements, while discussing trade secrets turned entrepreneur working on different platforms, a host, author, and ‘Queen of Platforms'. As the Chief Executive Officer of Inoberry LLC, the motto is to “simplify the lives of entrepreneurs, startups, and innovators''. I am currently building three platforms. Dhvaani is one of the platforms which showcases inspiring stories of women entrepreneurs, experts, and innovators. SAAply is another,where you can find details of grants, schemes, and funding opportunities in one place. Last but not least, is the Investing in Talent platform, supporting you to make your dreams a reality. I have 17 years of experience in managing and commercialising Intellectual Property. I hold an MBA degree in Technology Management, two internationally recognised credentials: Certified Licensing Professional, Registered Technology Transfer Professional, and a registered patent agent with the Indian Patent Office. I have helped innovators and entrepreneurs in effectively protecting and commercialising their IP. Through Inoberry, I am trying to touch every sphere of the innovation ecosystem, including consulting on IP protection and technology transfer.

7. Have proper documentation in place like policies, manuals, employee, vendor, consultant, partnership, and contractual agreements, to ensure the protection of your assets.

8. Most importantly, have an IP lawyer on your team or in a contractual position, to advise you on different matters.

In addition to the above, you must have a list of your assets, proper management of the IPRs, and regular auditing, will help in keeping information up to date. Using an IP management tool is essential as it stores all of this information in one place. Another important point is that you must watch the infringement of your rights, but also ensure that no one else's rights, or other organisations connected to your platform, are being infringed by your brand. You do not want to be linked to an infringement suit. For example, Ali Baba used technology to monitor counterfeit products and developed a framework to ensure no counterfeit product is sold on their platform. SO you can see, it is very essential for the brand building and client retaining part.