A Packaging of a product could be like a Coca-Cola bottle, a jewelry box, a potato chip canister or packet, a shampoo sachet, a chocolate packaging, etc. The question is How to protect this Packaging from being copied by other competitors in the market, an thus have a competitive edge.
Understanding Intellectual Property Rights relevant for safeguarding a Packaging :
Before delving into the intricacies of protecting product packaging, it’s essential to grasp the fundamentals of intellectual property rights:
Trademarks: Trademarks safeguard brand names, logos, and other identifiers that distinguish products or services in the marketplace. They provide exclusive rights to use the mark in commerce and prevent others from using confusingly similar marks.
Copyrights: Copyrights protect original works of authorship, including literary, artistic, and visual creations. In the context of packaging, copyrights can cover graphic designs, label layouts, and other artistic elements.
Industrial Designs: Industrial designs protect the visual appearance of a product, including its shape, configuration, and ornamentation. Packaging designs that possess unique aesthetic qualities or features can be eligible for industrial design protection.
Choosing the Best Type of Protection:
Selecting the most suitable form of intellectual property protection for packaging depends on various factors, including the intended use, unique features of the design, and long-term business goals. Here’s a guide to help you make an informed decision:
Trademark Protection: Opt for trademark protection if your primary concern is establishing brand recognition and preventing consumer confusion. Trademarks offer strong legal protection and are ideal for protecting brand names, logos, and distinctive packaging features that serve as source identifiers. Distinctive Packaging can drive sales and can be protected as a “Trade Dress”
Copyright Protection: Choose copyright protection for packaging designs that contain original artistic elements, such as graphics, illustrations, or decorative patterns. Copyrights provide automatic protection upon creation and are suitable for preserving the creative aspects of packaging.
Industrial Design Protection: Consider industrial design protection for packaging designs that possess unique visual features or ornamental designs. Industrial designs offer exclusive rights to the appearance of the product packaging and are valuable for preventing unauthorized copying or imitation.
Example: Coca Cola Bottle
- Trademarks: The iconic contour shape of the Coca-Cola bottle stands as a testament to the power of trademarks in branding. Registered as a trademark, this distinctive shape instantly identifies the product and distinguishes it from competitors.
- Copyrights: Coca-Cola also harnesses copyrights to safeguard various artistic elements of its packaging, including label designs, graphics, and advertising materials. These copyrights ensure that the brand’s visual identity remains protected and exclusive.
- Industrial Designs: While the original glass bottle design may have qualified for industrial design protection, subsequent variations and adaptations of the Coca-Cola bottle have also been protected under industrial design laws in certain jurisdictions. This demonstrates the multifaceted approach that Coca-Cola employs to safeguard its packaging assets.
Addressing Conflict between Trademarks and Copyrights
As per section 45 of the Copyright Act, 1957, It is an established fact that an Artistic Work to be used in relation to goods or services cannot be granted Copyright Registration if the same is either identical or deceptively similar to a prior used or registered Trademark.
A trademarks may be registered for Packaging and/or shape of the goods. So, if a packaging has already been protected as a trademark, it cannot be registered as a copyright. The Copyright office may ask for a trademark search certificate provided by the trademark office proving that the packaging applied for copyright registration is not registered as a trademark. Retrieving the trademark search certificate from the trademark office involves a govt. fees of INR 9,000/- at the date of publication of this blog.
Addressing Conflict between Industrial Designs and Copyrights
One of most controversial provisions of the Copyright Act, 1957 which is in Secton 15 (1) and (2), states that copyright in any design that could be registered under the Designs Act, 2000, but has not been so registered will cease when any article to which the design has been applied has been reproduced more than 50 times by an industrial process. Once that limit is crossed, it would lose its copyright protection under the Copyright Act.
Further, Copyright in a design ceases as soon as it is registered as an Industrial Design.
Understanding this provision requires a one to one consultation with a patent agent/attorney.
Conclusion
Navigating intellectual property rights for product packaging requires careful consideration of the unique features of the design and the intended business objectives. By understanding the distinctions between trademarks, copyrights, and industrial designs, businesses can effectively protect their packaging assets and maintain a competitive edge in the marketplace.
However, it’s essential to consult a Patent Agent/Attorney before choosing the appropriate IPR type for your packaging as it varies a lot depending on the features of the packaging to be protected, the requirements of the client as well as the budget.
Schedule your FREE Consultation:
Schedule a Meeting: https://www.intellectbastion.com/contact-us/
Call/WhatsApp our Experts: +91 9977007307
Email Address: help@intellectbastion.com
Remember, securing your inventive/creative works is not just about protecting your intellectual property; it’s about realizing the potential of your innovation and bringing it to the world. We look forward to being your dedicated partner in this exciting journey of innovation and protection.
Join the community of inventors and creators who trust Intellect Bastion for patent, design, copyright and trademark services. We’re here to empower your ideas and safeguard your future.
Best Wishes,
Intellect Bastion
