Term Paper: Cigarette Advertising Campaign

Pages: 6 (2907 words)  ·  Bibliography Sources: 1+  ·  Level: College Senior  ·  Topic: Business Law  ·  Buy This Paper

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[. . .] This is a complex document that is registered though the United States Patent Office, and in the document he will have to give detailed information regarding the product that is to be protected. The patent then protects his innovation from other developing and marketing the same type of product, regardless of whether or not they were even aware of his invention, for the life of the product, this is usually deemed as seventeen years. The only way that anyone else can use it is with the express permission of the patent holder.

This will protect the device from being manufactured in the U.S. By anyone else before it is even manufactured, and as such the research and development may continue, but all changes should be registered, to continue the protection. When in production it prevents any contractors taking the design and the design being reverse engineered and copied. The reverse engineering is still likely to happen, but they also have to avoid all of the patents. This will mean that when it comes to manufacture Sammy may license others to make the product for him, and as such will not need the same level of capital investment. He can develop the product and then simply take a licence fee. If anyone does compete with a breach of a patent he can also take legal action against them to stop and to claim damages. This will be seen as protecting the operations stage of the company, so that the product cannot be copied. However, this does not protect the products that they are buying form other suppliers, such as the chips. As a result they may wish to make use of confidentially clauses in contracts. The support service of technology development may also benefit from this protection.

Copyright may also be of use, to copyright his ideas in a printed form. Any advertising or publicity he undertake may also be copyrighted, as this gives the copyright owner five rights which are exclusive to them only; the right to copy, distribute, display, and perform their work as well as to amend it. This may be most often used with printed material, but with a design such as this there will also be some software involved. The patent protects the hardware and mechanics, the actual operation is a result software, then a copyright well protect this aspect of his invention. Arguably, the software is the most important part of the product, this also protects the product from competition stealing the ideas and the programming. The copyright is effective immediately, and it does not matter if there are any papers registered. It is interesting to note that the copyright will automatically reside with the inventor, and it does not have to be registered with the United States Copyright Office. In conjunction with the patent this is a protection that is necessary to prevent copycat products. However, as the idea alone is not enough, and if Sammy contracts someone there would need to be a written agreement who the copyright resides with, as the default position is the author not the person with the idea. If Sammy had them as an employee, and this was in the course of their work, the copyright would belong to Sammy.

Copyright may also be used to protect any related items, such as books or television programmes or videos he may make to accompany the product, These may be potential, but may also be related in other ways, such as a get fit video, with a work out, a book about weight loss, or even the development of a web site where information may be gained and the products may be sold. The same may be said of any scripts he produces, such as scripts for the telesales staff. The list is very long. In terms of Porters value chain this will protect the products during outbound logistics as well as the marketing.

Trademarks are also a feature that is pertinent. When the product is marketed it will need to be attractive and also recognisable. The development of a trademark is likely. This is used by consumers to identify product, and also aids repeat sales with increased consumer recognition. "A mark used in relation to good for the purpose of indicating a connection in the course of trade between the goods and some person having the right as proprietor or registered user to use that mark with or without any indication of the identity of that person " (Ivamy, 2000; 274).

A trademark can be registered at the United States Patent and Trademark Office and may be a valuable tool in marketing, especially if the product becomes established and other competing products come on the market. Trademark may be more valuable as the product is older, as it will be identify with the original, and as such repeat customers may be retained. Once the patent has expired there may be a number of new competitors entering the market, this will also help them identify which is Sammy's company and associate them with the marketing.

The registering of a trademark will also serve to identify related products, such as books, videos, web sites, and even ranges of food that may be approved or developed by Sammy and his company. There may even be products such as plates ands cutlery that us more compatible, and as well as registering any patents and copyrights that may be applicable, the trade mark will make use of the association with the company. This is a relevant aspect of both outbound logistics, so that wholesalers and retailers know what they are getting, and also for the marketing.

Trade Secrets are the last tool we will consider. A trade secret is seen as technical information which is not generally known, has an economic value to the possessor and the possessor takes reasonable actions to keep the information confidential. Many examples exist, one of the best being the formula for Coca Cola. The way that trade secrets are maintained will usually be included in contracts of employment or other commercial contract, but this is not always the case.

The protection that is granted by way of trade secrets generally dates back to the nineteenth century and is found in common law. However, since that time most states have enacted some type of legislation, but a few will still rely on the general provisions. Moreover, there is recognition of trade secrets in every state. Where there is specific legislation, most states use the Uniform Trade Secrets Act. The main contrast between this and the other tools of protecting intellectual property, is that these are not federal-based protection, and as such will depend on the state in which Sammy is operating. Therefore, even the ideas ands work he carries out before any other protecting is in place may be seen as protected, an idea cannot be stolen by an employee and sold on before it is patented, as this would breach the trade secret laws.

In Porters value chain this may be seen as relevant though the beginning of the chain when looking at the primary activities. Suppliers may be privy to sensitive information when discussing the suitability of their component parts, and the operations may also have this knowledge. Additionally the service end may also find a similar access to knowledge with the development of better products based on former ones especially if there is feedback between after sales and research and development. In terms of the support services human resources is effected directly by this. As already noted it is likely that employment contracts will allow for the required level of confidentially. This will also make it easier to take action where there is a breach. In technology development and procurement there are also relevancies for this type of protection, and as such where outside sources are used, confidentially agreements should be in place.

There is no single tool that Sammy should use, all serve a different purpose to protect his new product and his ideas. Moreover, it also need to be remembered that having the protection will prove useless unless it is utilised where there are breaches, This will also act as a deterrent for the future and other potential copycats.

References

FDA, (2000), FDA Children and Tobacco Website, [online] accessed at http://www.fda.gov/opacom/campaigns/tobacco/execrule.html

Ivamy ERH, (2000), Mozkley and Whiteley's Law Dictionary, London, Butterworths.

Lexis, (2002), [online] accessed… [END OF PREVIEW]

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Cigarette Advertising Campaign.  (2002, October 11).  Retrieved September 16, 2019, from https://www.essaytown.com/subjects/paper/cigarette-advertising-campaign/4159468

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"Cigarette Advertising Campaign."  Essaytown.com.  October 11, 2002.  Accessed September 16, 2019.
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