Intellectual property, or IP, has become one of the most valuable assets for organizations in today's innovation-driven world, especially in the era of technology. Most of the big tech giants made huge investments in technical (functional aspect) as well as branding (advertisement aspect) to make their product visually recognized and get instant fame in today’s IT driven world. These big tech giants are striving in a race to develop an innovation to minimize human efforts and provide better enriching experience. Tesla, Google, Samsung and many more-all these big IT companies are utilizing IP protection to establish their market dominance by giving user-friendly environment to its users, whether it is through any product design, incorporating any smartphone feature, or any innovative algorithm.

Both these protections, be it a trade dress or patent, are generally to referred as ‘secret weapons’ of giants IT companies, mainly because they provide two layers of security that safeguard both technical (functional aspect) and branding (advertisement aspect). In a way, a patent offers exclusive protection by administering them the right to use their innovations for a specified period of time, considering the time and money invested by them in R&D in return. On the contrary, trade dress aims to protect the distinctive visual and aesthetic components of a brand or product. Being able to stand out visually might be just as crucial as a product's functioning in a time when consumers have an abundance of options. By integrating these two types of intellectual property protection, tech companies can create a comprehensive IP strategy that not only prevents copying of their technological advancements but also enhances their brand recognition among consumers. As we dive deep into this, we will find out how this IP protection works as a weapon for tech giants and how they mastered its use.

Role of Patent in shaping tech industry

Imagine developing a game-changing technology only to discover that a rival has imitated it and made money from it without taking any authorization from you. That is a legitimate concern in the rapidly evolving field of technology, one that is mitigated by the strength of patents. In India, patents are regulated under the Patent Act, 1970 , which offers a thorough framework to safeguard innovation and enforcement of patent rights.

A patent is a type of legal protection that gives an inventor the sole right to use a functional or technological innovation, like a new machine, computer software, or technique. It acts as a shield against the organization or individual who imitates, uses, or sells any product or service without taking prior approval from the proprietor. It gives an advantage to the proprietor by providing exclusive rights, which would help in revenue generation, and that will, consequently, encourage them to spend more money on R&D so that an enriching experience could be provided to consumers.

Such type of exclusivity enables them to recover their expenditure and grant equity to the proprietor so that it can reduce the risk factor associated with the invention and elevate the chances of becoming more cost-productive. For example, Apple introduced the iPhone X with Face ID technology in the market in 2017 that provides a biometric authentication interface to its users, which transformed iPhone X security and led it to a new level by making it unique and effortless. In a similar way, Google’s patented search algorithm, which came in 2006, allows Google to maintain its supremacy in the entire world and that can be easily witnessed in current scenario. Google’s patent philosophy is a masterclass in how intellectual property can be wielded as both a shield and a sword. This approach has enabled Google to maintain a leading presence across various sectors, including artificial intelligence, cloud computing, hardware, and sustainability. Thus, due to this type of protection and exclusivity, it can complement companies to maintain a leading position by preventing other competitors benefiting from their unique advancements.

Additionally, patents act as a legal protection, shielding businesses from infringement and unauthorised use of their technology. In case of infringement, companies can proceed with the legal action to safeguard their intellectual property to make sure that their innovations are not utilized or copied without prior authorization. There are several big tech giants, like Apple and Samsung, who have fought numerous court cases over matters pertaining to smartphone designs and technologies, illustrating how patents act as a measure to safeguard against unfair competition. As a result, patents not only promote innovation but also offer a strong legal framework for safeguarding and promoting scientific advancement.

Trade Dress and Its Impact on Customer Loyalty and Recognition

As per Black Law Dictionary, trade dress defined as “visual impression that is made by totality of all elements used to package or present a service or good for sale giving it a recognizable look.” The visual and aesthetic components of a product or its packaging that differentiate it apart from rivals, such as its shape, coloring scheme, or design, all are protected under trade dress. By maintaining the distinctive look of the product, it promotes consumer loyalty and brand recognition.

It’s striking role can be easily accessible in promulgating tech giants in the current era. Apple's brand identity is reinforced by its elegant product aesthetics and minimalist packaging design, which exude refinement and innovation. On the same way, Google creates a unique and approachable brand character that appeals to its audience through the use of vibrant and whimsical graphics in both of its logo and user interface. Also, it is pertinent to note that protection of trade dress cannot be provided to every product because there are certain essential conditions which have to be fulfilled to grant the trade dress protection. These are –

• It should have acquired distinctiveness in the minds of customers i.e. Shape of Coca-Cola Bottle.

• It should not be extended to its functional aspect i.e. Inwood Laboratories, Inc. v. Ives Laboratories Case .

For example, Samsung was among the first companies to introduce curved screens, transforming how users engage with the devices. This groundbreaking innovation improved the user experience and established a new benchmark for smartphone design. Along with enhancing brand recognition, this unique trade dress provides a company with a competitive advantage by creating a distinctive market presence. Therefore, trade dress serves as a powerful resource for tech firms to establish their brand in a visually crowded marketplace, enhance customer confidence, and maintain a loyal customer base. . Along with enhancing brand recognition, this unique trade dress provides a company with a competitive advantage by creating a distinctive market presence. Therefore, trade dress serves as a powerful resource for tech firms to establish their brand in a visually crowded marketplace, enhance customer confidence, and maintain a loyal customer base.

Patents vs. Trade Dress: Supplementary Tools for Success

In order to preserve a product's value and distinctiveness, trade dress and patents play different but complementary roles. While a patent safeguards the functional and technical aspects of the innovation, trade dress focuses on the visual and aesthetic components of a product, such as the packaging of the product, shape, or design, that resonate with consumers.

While considering both IP protections, it is possible, in one way, to secure a utility patent for its innovative technology, and on the other, trade dress can be utilized for safeguarding its unique design or packaging. When we avail ourselves of this protection in tandem, it could provide us protection in two ways: firstly, help in preventing imitation of technology, and secondly, help in enhancing customer loyalty and brand identification. Dyson vacuum cleaners are one of the examples that uphold the similar principle and enhance cleaning experience of their customers. In this technology, cyclonic separation technology is protected under utility patent, whereas the distinctive look, including modern design, color scheme or visible dust canisters, is given protection under trade dress.

There are several factors that play a significant role in deciding which IP, either patent or trade dress, would be strategically beneficial for the them. These are the competitors, purpose and its long-term effect, nature of the product, and the kind of service they want to render. Based on their distinctive ideas and branding, companies could build a strong defense against competitors.

To maintain their supremacy and influential presence in the market, tech companies have properly utilized and are still utilizing the principles of trade dress and patents which become a reason for their perfect dominance. Now, it can be surely pointed out that both intellectual property rights emerge as a ‘secret weapon’ for these giant companies in a rapid world. As the technology advances to new heights, intellectual property (IP) would play an even more vital role in novel innovations like artificial intelligence (AI) and blockchain. Companies are building legacies that consequently affect the whole world by employing trade dress and patents to protect their innovations.

Author :- Ashish Kumar Patel, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.