Thaweesakdhi Suvagondha
Introduction
In the digital economy, Intellectual Property (IP) has emerged not only as a legal tool but as a core
strategic asset in marketing. However, traditional IP frameworks—divided into patents, trademarks,
copyrights, and trade secrets—often don’t align neatly with marketing functions. For businesses to
fully capitalize on their intangible assets, a strategic marketing-centric classification system is
essential.
This article proposes a functional reclassification of IP assets into three marketing-focused
categories. Each category plays a distinct role in either supporting a product’s market presence or
enhancing brand communication. This classification bridges the gap betweenn legal frameworks
and market strategy, allowing companies to build and protect competitive advantages more
effectively.Functional Group 1 : Protected Commercialized Products
These are tangible or intangible offerings that are legally protected and directly generate
revenue. IP rights safeguard the core value of these products, and marketing communicates this
exclusivity to the market.
Patented Products
A patented product represents a unique innovation granted legal protection for a specified time.
Marketing can leverage patent claims to enhance product positioning.
Example:
A pharmaceutical company launches a patented drug that treats a rare condition. The exclusivity
allows for premium pricing. Marketing emphasizes its patented status in every campaign,
reinforcing both trust and scarcity.
Illustration:
1. Medical device companies might display patent numbers in advertisements to deter
competitors and assure customers of cutting-edge technology.
2. Electronics brands often highlight proprietary features, like patented battery-saving algorithms
or foldable screen technology.
Copyrighted Products
These are original works sold as core offerings, such as books, movies, sculptures, paintings,
software, and video games. Here, the content itself is the product.
Example:
A software firm sells a copyrighted accounting application. The code, manuals, and interface design
are protected. Marketing promotes it not just as a tool, but as a proprietary system with regular
updates.
Illustration:
1. 2. Authors and publishers highlight that their books are “copyrighted works” to deter piracy and
reinforce legitimacy.
Streaming platforms emphasize exclusive copyrighted content as a competitive differentiator.Functional Group 2 : Enhancement of Commercialized
Products
This category includes IP assets that don’t directly generate revenue but significantly enhance
a product’s market appeal. They influence consumer perception, create brand identity, and foster
loyalty.
Trade Secrets
These include unique selling propositions (USPs), pricing algorithms, customer segmentation
techniques, and manufacturing methods that are not disclosed to the public.
Example:
A coffee brand’s unique roasting process is a trade secret that gives its blend a distinct flavor.
Though invisible to customers, it’s central to the brand story: “We craft our flavor through a process
perfected over generations.”
Illustration:
Coca-Cola’s formula or KFC’s blend of spices are classic trade secrets that marketers refer to subtly
to evoke mystique and exclusivity.
Trade Dressings
These include the visual and experiential elements that distinguish a product, such as logos,
packaging, colors, shapes, and even store layouts. Many of these are protected through trademark
and copyright laws.
Example:
Apple’s minimalist packaging, store design, and product layout create a cohesive and instantly
recognizable brand experience. These elements are protected and consistently emphasized in
marketing.
Illustration:
1. A patented perfume bottle shape (e.g., Jean Paul Gaultier’s torso design) is iconic and is a
centerpiece in advertisements.2. Color trademarks (like Tiffany Blue) are used to instantly connect emotional identity with brand
memory.
Functional Group 3 : Protected Marketing Communication
Content
This category covers IP that protects how a product is presented to the world—through
advertising, storytelling, branding, and customer engagement. As AI and personalization
become more dominant, this category becomes even more crucial.
Copyrighted Marketing Content
These are the promotional materials that drive brand recognition and customer action—
commercials, jingles, slogans, and narratives.
Example:
A beverage company creates a branded animation for social media. The visuals, script, and music
are all copyrighted. This content is used globally, ensuring consistent brand messaging across
markets.
Illustration:
Nike’s “Just Do It” slogan, video campaigns, and athlete storytelling are protected forms of
expression that form part of its brand value.
AI-Enhanced Marketing Secrets
In modern digital marketing, companies often develop proprietary algorithms for ad targeting,
personalization, or campaign optimization. These can be protected as trade secrets.
Example:
A fashion e-commerce platform uses an AI algorithm to customize product recommendations. The
logic and data behind it are trade secrets. The output—personalized ads—can be partially protected
through copyright and contract clauses.
Illustration:
1. Streaming platforms use proprietary AI to tailor trailers and banners for each user.
2. Fitness apps generate AI-personalized plans with content protected as part of their copyrighted
system.Benefits of This Marketing-Focused Reclassification
1. Better IP Alignment with Marketing Goals
Marketers can more effectively identify which IP assets support differentiation, positioning,
and trust-building.
2. Improved IP Valuation
Reclassifying IP based on marketing function makes it easier for companies to measure their
market impact and include them in brand valuation.
3. Enhanced Cross-Functional Collaboration
Marketing teams and legal departments can co-develop strategies when IP assets are
organized by business function, not just legal type.
4. AI Integration Opportunities
AI tools can help manage, personalize, and protect each category of IP—especially in digital
advertising, design generation, and infringement monitoring.
Conclusion
This marketing-based classification of Intellectual Property Assets shifts the perspective from legal
categories to strategic functions. By organizing IP into Protected Commercialized Products,
Enhancement Assets, and Protected Marketing Communication Content, businesses can better
integrate intangible assets into their brand, pricing, and promotion strategies.
As AI continues to transform marketing operations, understanding and protecting these asset classes
becomes even more critical. Intellectual property, when managed and marketed correctly, is not just
a shield—but a sword for competitive advantage.