The
receptionist Sara, a pleasant young lady politely asked him to wait for a
moment and informed Rishi and Anusha Eshwar the IP Attorneys and Partners of M/s.
LegalTree LLP, who were already in a meeting with a famous Fashion Designer
Mr.D’souza who had come to meet them to discuss on copyright issues over his
designs.
After 5 mins, Rohan was led into Anusha’s cabin while Rishi was continuing his
discussion with Mr.D’souza.
Anusha: Hello
Mr. Rohan, I am Anusha Eshwar the IP Attorney. What can I do for you?
Rohan: Ms.
Anusha, I am glad to meet you. I came across the show “Success Unlimited” on
television yesterday while randomly switching channels. I saw the interview of
Ms.Lakshana, Proprietrix of “MAYFLOWER SALOON AND SPAS”. She said that you were
part of her successful business.
Anusha: Oh, all right, did she mention that it was because of us? That’s
wonderful! Exclaimed Anusha sipping her hot coffee brought in by Subbu; the
person who supplies beverages and refreshments.
So, what
can I do for you Mr. Rohan?
Rohan
explained the failures he had met with in his businesses and asked help from
Anusha. He further was eager to know the importance of Intellectual Property
for a business.
Anusha then
explained Rohan about the importance of Intellectual Property.
“Intellectual
property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce. It is
a result of use and exploitation of mental or creative labour.”
“We are
surrounded by and constantly interact with the subject matter of Intellectual
Property Law. For example, you are reading a Copyright work bearing Oxford
University Press Trademark. Probably sitting on a chair protected by a design
rights and marking the book with a pen the mechanism for which has at some
stage been patented. Alternatively, you may be typing notes into your computer,
which no doubt has parts such as the mouse which are protected by Patents and
Design Rights in the shape of the product and as well as the Semiconductor chip
topographies inside.”
Anusha
further explained different types of Intellectual Property to Rohan.
There are
different types of Intellectual Property.
1.
Trademark for Names, signs and symbols,
2. Patents
for inventions,
3.
Industrial Designs for Aesthetic appearance of goods manufactured by industrial
process,
4. Copyrights
and Allied rights for literary, artistic, dramatic, musical, sound recording,
Cinematograph film and Computer programmes,
5. Geographical
Indications for goods manufactured/produced in a geographic location with
special characteristics attached to it.
6. Apart
from the above; creation of new plant varieties by farmers, conservation of
Bio-Diversity, Traditional Knowledge and Folklore, Trade Secrets and
Confidential Information and protection of the Semiconductor Integrated
Circuits Layout Designs also fall under the purview of Intellectual Property.
Anusha
after hearing Rohan, pointed out that he did not make use of a Trademark
properly. She advised him to use a Trademark for his restaurant. She further
told him that a Trademark or a Trade name is an identity to a business as a
name is to a person. The trademark will contribute a lot to a business.
Although, that alone is not enough for a successful business.
The first
mistake you did was to choose a common name like “Srinivasa”
for a restaurant in Thirupathi.
Firstly,
from an IP perspective, I would like to tell you that your idea of opening a
restaurant is an interesting one. The idea alone would not suffice. May be the
place where you opened a restaurant is not a forbidden place, but with a budget
of Rs.6,00,000/- you could have opted for a decent place with a decent decor.
There are
instances where the courts have recognised and protected certain distinctive
decor of a restaurant.
Now Rohan
after meeting Anusha Eshwar of M/s. LegalTree LLP-IP Experts had acquired
some knowledge of Intellectual Property and its importance. Further Rishi and
Anusha designed a business model for him.
They
advised him to start a food cart with a small budget instead of a restaurant
with huge investment. They also helped him to choose a distinctive
trademark/service mark. They also asked him to cater to different varieties of
foods from the usual food commonly available.
Rohan
started his food cart under the trademark ‘GOBLET’ and served French
and Italian Cuisine.
His food
cart was an instant hit and he managed to attract lots of customers within few
days of setting up of his business. Slowly and steadily his business grew and
he opened three more food carts by himself and several more franchises
in the city by licensing his
trademark ‘GOBLET’. In a span of two years his franchises spread all over
the country and it became a popular mark.
Rohan was
extremely pleased and happy with the success of the chain
of ‘GOBLET’ food carts. He now has plans to promote the brand
globally.
This is
how ‘GOBLET’ became big.
A franchise is a business method
where an individual (the franchisee) acquires a license that allows them to
acquire the proprietary knowledge of a business they want to operate (the
franchisor). The franchisee is then allowed to open a branch of the business in
the name of the business and sell the product or service that the business
sells. Source : http://bizfinance.about.com/od/glossaryf/g/What-Is-A-Franchise.htm