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A Handbook of Intellectual Property Management: Protecting, by Adam Jolly, Jeremy Philpott

By Adam Jolly, Jeremy Philpott

* best innovators and IP specialists supply recommendation on a number themes together with: the worth of IP; ecu Union vs US legislations; trading IP rights; motion opposed to counterfeiting and piracy

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If the brand owner has established recognition in an unregistered name by use, to the extent that there is commercial goodwill arising from it, the owner is entitled to protect the goodwill at common law by an action in passing off. Brand equity, the perceptions associated with the brand in the minds of consumers, is not entitled to legal protection. These perceptions are influenced every time the consumer has any contact with the brand, be it a direct experience with the product, advertising or other media exposure, an interaction with a representative of the brand or word of mouth.

This component of a brand is ‘owned’ by the consumer. As a result the underlying equity of a brand, the aggregation of such perceptions, is constantly shifting. The successful creation of brand value requires a combination of skills. IP has to be properly registered, controlled and protected. Skilful marketing is required to build and protect brand equity. Financial analysis informs the allocation of resources and tracking of brand performance. Tax planning is _________________________________________________ BRAND EQUITY 27 ឣ required to ensure that a tax-efficient structure is determined for legal and economic ownership of trade marks and transfer pricing.

There are also wide variations in the cost of litigation in the EU, since for patents and copyright there is no unitary EU, granting and enforcement system. National courts implement national procedures with their inherently different cost structures. In the EU, specialist courts and judges handle IP litigation. In contrast, in the United States IP litigation is handled by district courts with no specialist judges. In fact it is enshrined in the US Constitution that parties to litigation have the right to a jury trial.

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