Legal Aspects of Marketing

A Legal definitions

The World Intellectual Property Organization gives the following definition:

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images and designs used in commerce. Intellectual property is divided into two categories:

1. Industrial property includes patents, which give the exclusive right to make, use and sell an invention in a given geographical area; trademarks (words or symbols that differentiate a company); and industrial designs. A granted patent gives patent protection for 20 years in the UK. After that time you must renew the patent. In order to trademark, or register your trademark, you will need to complete a registration process.

2. Copyright protects literary and artistic works. Copyright protected work includes novels, plays, films, musical works, and artistic works such as drawings, photographs, and architectural designs. Copyright protected work is said to be subject to copyright.

B Legal problems

Legal problems may arise if another person had used copyright protected work without the copyright owner’s (or holder’s) permission. The UK Patent Office says: “Intellectual property (IP) crimes include counterfeiting and privacy. Counterfeiting is deliberate or willful trademark infringement and privacy is willful copyright infringement. Infringement means reproducing copyright work without permission from the IP owner”.

If a trademark or copyright holder believes that another person has made unauthorized use of trademark or copyright, then this may lead to a lawsuit, where one company takes another to court to enforce the trademark or copyright. The infringer, the person who has broken the copyright, may have to pay damages or compensation to the trademark holder, normally financial.

Most company websites include a page called terms and conditions or copyright information. Visitors to the site must agree to the terms and conditions. The terms and conditions usually contain what a visitor may download or take from the web page and post or upload to the web page, and a disclaimer to say the company is not legally responsible for the misuse of its web pages.

Comprehension questions:

1. What legal aspects of marketing do you know?

2. In what case may legal problems arise?

3. What may lead to a lawsuit?

4. What do most company websites include?