IPMM 1: A Strategic Marketing Classification and Integration of Intellectual Property Assets

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.