The Reluctant Entrepreneur: Intellectual Property

IP is can be also applied to Intellectual property or IP as it is commonly called. Just two words but in today’s business they play a significant role. Recently at a program done by Stanford in Goa, 50 innovators were being taken thru the finer nuances of business in a crash course, and I was pleasantly surprised to see an entire session devoted to this important subject. A big change from when I attended business school.

Twenty year back when we started doing business, we had made an application to register our trademark SHAKTI. It was more by chance than design. One could say it was a positive aspect of the otherwise wasteful activity “waiting for permissions”. While waiting at some Government office, I met a gentleman who today can be called an angel in disguise. He mentioned I should look at registering my mark and even provided me with a reference. We did begin the cumbersome process and finally SHAKTI was registered. However, looking back we overlooked registering our tag lines, SUPERIOR BY DESIGN and PROUDLY MADE IN GOA.

A few years back we heard that one of our suppliers was refusing to accept delivery of a 5000lt tank. The driver called me and told me that despite our company buying our requirements from this customer he is refusing to take delivery. After discussion we realized why. He was delivered a imitation SHAKTI tank which split into two after it was filled. Now, seeing another SHAKTI tank he did not want it. Further investigation revealed that the dealer had supplied a JAL SHAKTI tank where the JAL had conveniently got wiped out. After clarification and confirmation from dealer the customer accepted the real SHAKTI.

This we found out was not an isolated case. Either some unscrupulous dealers simply wiped out the JAL or they informed customers this was a cheaper cousin. This is not limited to water tanks, fakes with deceptively similar logos are the bane of legitimate industry.

We decided to enforce out rights protected by the trade mark registration. This is easier said than done. We sent letters to the concerned Company who was infringing on our IP. They simply ignored the notices. To send more notices, one has to pay the IP lawyers for every notice and of course their time.

How come then we read of music companies being able to enforce IP of artists by raiding restaurants playing copyrighted songs without paying user fees. Microsoft officials regularly visit companies and get them to pay for legal copies if they are found using pirated software. These raids are conducted with the official help of the administration. How can a SME get similar assistance and protection? What does one need to do? What can be done if the notices are not issued? So many questions but very few answers.

We are pursuing the matter and hopefully we will have good news for you soon, till then do not get disheartened and take the road most traveled, it is no use, let us not register our brand name or other IP. Yes IP is not related to trade names, tag lines, it can be trade secret, a patent etc. Go back to the opening line and act on the second best time, now. Start protecting your IP by getting it registered.

The Government is apprised of this problem and on the anvil is the new National IP policy which is expected to to oversea implementation and regulations in India. It is also time business schools added this subject into their curriculum and industry organisations wake up and spearhead the drive to protect legitimate business, just like is done in the music industry.