Tag: Social media marketing

Management Notes

Meaning and Concept of Fund, Funding, Reasons, Types

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A fund is a pool of money set aside for a specific purpose, often managed by individuals, institutions, or governments. Funds are used to finance projects, investments, or operations, such as retirement funds, mutual funds, or emergency funds. In business, funds can be internally generated from profits or externally raised through investors. Funds are typically tracked and managed carefully to ensure they serve their intended purpose. Whether for personal savings, charitable causes, or business ventures, a fund provides structured financial resources to support ongoing or future needs, helping ensure stability, planning, and financial control.

Funding

Funding refers to the act of providing financial resources to support a business, project, or cause. It can come from various sources such as personal savings, loans, investors, crowdfunding, or government grants. In startups and entrepreneurship, funding is crucial for product development, marketing, hiring, and scaling operations. There are different stages of funding like seed, venture capital, and series funding. The type and amount of funding depend on business needs and growth objectives. Effective funding ensures a project’s financial health, enabling innovation and expansion while often involving ownership or repayment agreements with fund providers.

Reasons of Funding:

  • Startup Capital

Funding launches a business by covering initial costs like product development, licenses, and early hires. Without capital, ideas remain unrealized. Investors (angels, VCs) provide this runway in exchange for equity or future returns.

  • Scaling Operations

Expanding to new markets, hiring talent, or boosting production requires significant capital. Funding fuels growth beyond bootstrapping limits, helping businesses capture market share before competitors.

  • Research & Development (R&D)

Innovation demands investment in tech, prototypes, and testing. Funding accelerates R&D cycles, enabling breakthroughs (e.g., AI tools, pharmaceuticals) that secure a competitive edge.

  • Marketing and Customer Acquisition

Brand awareness and lead generation require budgets for ads, SEO, and sales teams. Funding ensures campaigns reach critical mass to drive sustainable revenue.

  • Survival in Crisis

Economic downturns, cash flow gaps, or unexpected setbacks (e.g., pandemic disruptions) threaten survival. Emergency funding (loans, grants) stabilizes operations.

  • Debt Refinancing

Businesses secure funding to repay high-interest loans, reducing financial strain and improving credit health for future growth.

  • Strategic Acquisitions

Funding enables purchasing competitors, patents, or complementary businesses to consolidate market power and diversify offerings.

Types of Funding:

  • Bootstrapping (Self-Funding)

Bootstrapping means funding a business using personal savings or revenue generated by the company. It’s common in the early stages when external investors are not yet involved. Entrepreneurs retain full ownership and control, avoiding debt or equity dilution. Though it limits initial capital, bootstrapping encourages careful spending and lean operations. It’s ideal for startups with low overhead and scalable models. However, the risk is high as the founder bears all financial burdens. Success depends on disciplined budgeting and reinvesting profits to grow steadily without relying on outside help.

  • Crowdfunding

Crowdfunding involves raising small amounts of money from a large number of people, typically via online platforms like Kickstarter or Indiegogo. Entrepreneurs present their idea to the public, who fund it in exchange for rewards, early access, or equity. This method validates market demand while generating capital. It suits creative products or innovative startups looking to build a community. However, success depends on marketing appeal and transparency. Failure to meet targets or fulfill promises may damage reputation. Crowdfunding also requires detailed planning, engaging presentations, and often, a pre-existing audience to attract contributions.

  • Angel Investment

Angel investors are wealthy individuals who provide capital to early-stage startups in exchange for equity or convertible debt. They often bring mentorship, industry experience, and networking opportunities. Angel funding typically bridges the gap between self-funding and venture capital, offering both financial support and strategic guidance. It’s beneficial for startups with growth potential but limited access to institutional funding. However, it involves giving up a portion of ownership and may lead to differences in vision. Angel investors are more risk-tolerant than banks and usually invest in ideas they believe in personally or professionally.

  • Venture Capital

Venture Capital (VC) funding is provided by investment firms to high-potential startups in exchange for equity. VCs usually invest during the growth stage, expecting significant returns as the business scales. They offer large capital, mentorship, and market connections. However, startups must demonstrate scalability and a strong business model. VC funding comes in multiple rounds (Series A, B, C, etc.), and founders often give up substantial control. The goal of VC firms is eventual exit through IPO or acquisition. While risky, it is one of the most aggressive and fast-paced funding methods.

  • Bank Loans

Bank loans are a traditional funding method where businesses borrow money from financial institutions and repay it with interest over time. It’s a non-dilutive source, meaning owners retain full equity. Banks evaluate credit history, collateral, and business plans before approval. Bank loans are suitable for stable businesses with predictable cash flow and assets to secure the loan. However, they come with rigid repayment schedules and interest obligations. Startups may find it difficult to qualify without strong financial records. Nonetheless, loans offer a structured and regulated financing option for businesses seeking long-term capital.

Management Notes

WTO Patent Rules

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal “to promote access to medicines for all.”

Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Requirements

TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS:

  • Copyright terms must extend at least 50 years, unless based on the life of the author. (Art. 12 and 14)
  • Copyright must be granted automatically, and not based upon any “formality”, such as registrations, as specified in the Berne Convention. (Art. 9)
  • Computer programs must be regarded as “literary works” under copyright law and receive the same terms of protection.
  • National exceptions to copyright (such as “fair use” in the United States) are constrained by the Berne three-step test
  • Patents must be granted for “inventions” in all “fields of technology” provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33).
  • Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict.
  • No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.
  • Legitimate interests of third parties have to be taken into account by patent rights (Art 30).
  • In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPS also has a most favored nation clause.
  • The TRIPS Agreement incorporates by reference the provisions on copyright from the Berne Convention for the Protection of Literary and Artistic Works (Art 9), with the exception of moral rights. It also incorporated by reference the substantive provisions of the Paris Convention for the Protection of Industrial Property (Art 2.1). The TRIPS Agreement specifically mentions that software and databases are protected by copyright, subject to originality requirement (Art 10).

Article 10 of the Agreement stipulates: “1. Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). 2. Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.”

Post-TRIPS expansion

In addition to the baseline intellectual property standards created by the TRIPS agreement, many nations have engaged in bilateral agreements to adopt a higher standard of protection. These collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. General objectives of these agreements include:

  • The creation of anti-circumvention laws to protect Digital Rights Management systems. This was achieved through the 1996 World Intellectual Property Organization Copyright Treaty (WIPO Treaty) and the WIPO Performances and Phonograms Treaty.
  • More stringent restrictions on compulsory licenses for patents.
  • More aggressive patent enforcement. This effort has been observed more broadly in proposals for WIPO and European Union rules on intellectual property enforcement. The 2001 EU Copyright Directive was to implement the 1996 WIPO Copyright Treaty.
  • The campaign for the creation of a WIPO Broadcasting Treaty that would give broadcasters (and possibly webcasters) exclusive rights over the copies of works they have distributed.
Management Notes

Restoration and surrender of lapsed patent

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The Patents Act provides certain safeguards for restoring a lapsed patent. Accordingly a patent that is ceased to have effect because of failure to pay the prescribed fees within the prescribed period under Section 53 of the Act or within such period, allowed under Section 142 of the Act.

The patentee of his legal representative, may, make an application in the prescribed manner for the restoration of the lapsed patent. In the case where the patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have effect. Though the renewal fees can be paid by any person, the application for the restoration of a lapsed patent, the application has to be made by the patentee or his legal representative.

If the patentee fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting extension of time, the patent ceases to have effect or lapses from the date of expiration. Patent lapsed, due to non-payment of renewal/maintenance fee can be restored within eighteen months from the date of lapse.

Within one year of an application for restoration of patent that lapsed should be made. If an overdue annuity is not paid within the extension period, the one year period for seeking restoration commences from the date of recordal.

Section 60 Indian Patent Act:

(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as extended under sub-section (3) of section 53, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

(2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary

The Essential Requirements to Restore a Patent:

  1. Under Section 60 of the Patents Act 1970, an application for restoration of lapsed patent should be made by patentee or his legal representative.
  2. Prescribed fee on Form 15
  3. Proof to support that failure of the renewal/ maintenance was unintentional.

Although there is no additional fee for Patent of addition, but the patent holder or the patentee has to submit each form individually for each additional patent with that of the parent restoration application.

Effect of non-payment of renewal fees

To keep the patent in force for its prescribed term, an annual renewal fee is paid to the patent Office. If the same is not paid in the stipulated period then it lapses (ceased to have effect) and becomes a public property. The Act provides certain Safeguards for restoring a lapsed patent.

Accordingly, a patent which is to have effect by reason of Failure to pay the prescribed renewal fees within the prescribed period under Section 53 of the Act, the patentee or his legal representative may make an application in the prescribed manner, for the restoration of the lapsed patent. In case where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them, without joining others, may submit the application for restoration within eighteen months from the date on which the patent ceased to have effect ( Section 60(1)).

Procedure for Disposal of Application for Restoration

a) When the Controller is prima facie satisfied that the failure to pay renewal fee was unintentional and there had been no undue delay, the application for restoration will be published in the official journal.

b) If the Controller is satisfied that a prima facie case for restoration has not been made, the Controller may issue a notice to the applicant to that effect. Within one month from the date of notice, if the applicant makes a request to be heard on the matter, a hearing shall be given and the restoration application may be disposed. If no request for hearing is received within one month from the date of notice by the Controller, the application for restoration is refused. In case of rejection of the application for restoration, a speaking order shall be issued.

c) Any person interested may give Notice of Opposition, in the prescribed manner, to the application within two months of the date of Publication in the official journal on the grounds that the failure to pay the renewal fee was not unintentional or that there has been undue delay in the making of the application.

d) The Notice of Opposition shall include a statement setting out the nature of the opponent’s interest, the grounds of opposition, and the facts relied upon. The notice of opposition shall be sent to the applicant expeditiously by the Controller.

e) The procedure specified in rules 57 to 63 for post grant opposition for filing of written statement, reply statement; reply evidence, hearing and cost shall apply in this case.

f) When no opposition is received within a period of two months from the date of publication of the application for restoration, or opposition, if any, is disposed of in favour of the Patentee, the Controller shall issue an order allowing the application for restoration. The unpaid renewal fee and the additional fee, as mentioned in the first schedule, shall be paid within one month from the date of order of the Controller.

g) The fact that a patent has been restored shall be published in the official journal.

h) To protect the persons who have begun to use the applicant’s invention between the date when the Patent ceased to have effect and the date of Publication of the Application for restoration, every order for restoration includes the provisions and other conditions, as the Controller may impose, for protection and compensation of the above-mentioned persons. No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a Patent committed between the date on which the Patent ceased to have effect and the date of the Publication of the Application for restoration of the patent.

Opposition to the Restoration af a Lapsed Patent

  • If after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application he shall publish the application in the prescribed manner and within the prescribed period any person interested may give notice for opposition for the restoration of the patent on either or both of the following grounds:-

a) That the failure to pay the renewal was not unintentional; or

b) That there has been undue delay in the making of the application for restoration (Section 61(1)).

  • No other Grounds are prescribed for filing such notice o opposition for the restoration of a lapsed patent. Only person interested can file the notice of opposition for the restoration of the lapsed patent.
  • The time period for filing the notice of opposition is two months from the date of publication and the same is filed on Form 14 with its prescribed fee. Indian Patent Act and the rules do not provide any extension beyond the period of two months for filing the opposition. However, a petition under Rule 138 of Patent Rules can be filled seeking extension of time beyond the two months period with its prescribed fees. It should be noted that the petition for extension to be filed within the period of two months only. Since the grant of the extension under rule 138 is the discretionary power of the Controller, the grant of extension cannot be taken for granted.

Rights of Patentee of Lapsed Patent which have been Restored SECTION 62

  • On the restoration of a patent, the rights of the patentee shall be subject to such provision as may be prescribed by the Controller in his order and to such other provisions as he thinks fit to impose for the protection of compensation of persons who might have began to avail them of. Or the patented invention between the date when the patent ceased to have effect and the date of publication of the application for the restoration of patent Section 62(1),
  • On the lapsing of the patent due to Nonpayment of the renewal fees, the patentee loses his right in the patent and the invention becomes public property. The provision contained in section 62 of The Act is to safeguard the interests of those persons who after ascertain from the Register of Patents that the patent has lapsed due to Nonpayment of the renewal fees and become public property had started commercially using the invention

Surrender of patents

(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.

(2) Where such an offer is made, the Controller shall advertise the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after such advertisement, give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke the patent.

Management Notes

Invention and non-invention in Patent Act

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Invention under the Patent Act

The Act under Section 2(1)(j) defines “invention” as a new product or process involving an inventive step capable of industrial application.

The term “industrial application” refers to capable of industrial application in relation to an invention means that the invention is capable of being made or used in an industry. One of the pre-requisite of invention is that it should be new i.e. the invention proposed to be patented has not been in the public domain or that it does not form part of the state of the art.

Under the Patent Act, both processes and products are entitled to qualify as inventions if they are new, involve an inventive step and are capable of industrial application.

Requirements to Qualify as Invention

  1. The Invention must be new;
  2. Invention must involve an inventive step;
  • The invention must be capable of industrial application or utility;
  1. The invention shouldn’t come under the inventions which are not patentable under Section 3 and 4 of the Patent Act, 1970;

Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act. Such inventions are delineated below:

  • Any Invention which is frivolous or which claims anything obviously contrary to well established natural laws is not patentable.
  • Inventions which are contrary to public order or morality is not patentable.
  • An idea or discovery cannot be a subject matter of a patent application.
  • Inventions pertaining to known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance which does not enhance the known efficacy of that substance is not patentable.
  • An invention obtained through a mere admixture or arrangement is not patentable.
  • A method of agriculture or horticulture cannot be subject matter of patent.
  • A process involving medical treatment of human and animals or to increase their economic value cannot be subject matter of a patent.
  • Plants and animals in whole or in part are not patentable.
  • A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
  • Matters that are subject matter of copyright protection like literary, dramatic, musical or artistic work is not patentable.
  • Any scheme or rule.
  • Presentation of information
  • Topography of integrated circuits.
  • Traditional knowledge.
  • Inventions relating to atomic energy
  • As defined in Section 2 (j)the term “invention means a new product or process involving an inventive step and capable of application”. The invention should be of absolute novelty as neither it has been used nor published in any part of the world.

Section 3 And 4 Of The Indian Patent Act

Section 3 and Section 4 of the Patent Act is highly debatable and deals with the list of exclusions that are non-patentable that do not satisfy the above conditions. Following are not the “inventions” under the meaning of this act:

(a) Inventions that are frivolous and contrary to natural laws.

Inventions which are frivolous or contrary to well established natural laws.

Example– Inventions that are against the natural laws that are any machine giving 100% efficiency, or any machine giving output without an input cannot be considered as obvious and cannot be patented.

b) Inventions which go against public morality

Inventions in which the primary or intended use or commercial exploitation of which could be contrary to public order or morality (that is against the accepted norms of the society and is punishable as a crime) or which causes serious prejudice to human, animal or plant life or health or to the environment.

Example–As in Biotechnology, termination of the germination of a seed by inserting a gene sequence that could lead to the disappearance of butterflies, any invention leading to theft or burglary, counterfeiting of currency notes, or bioterrorism.

(c) Inventions that are a mere discovery of something that already exists in nature.

The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living or non-living substances occurring in nature.

Explanation–Mere discovery of something that is already existing freely in nature is a discovery and not an invention and hence cannot be patented unless it is used in the process of manufacturing an article or substance. For instance, the mere discovery of a micro-organism is not patentable.

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Landmark Cases of Non-patentable Inventions

In Bilski V. Kappos,

This case deals with the Patentability of a business method. In this case, Bilski and Warsaw applied for the patent on hedging risks on commodities trading but their patent got rejected by the US Supreme Court on grounds that an abstract idea cannot be patented.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

Case laws
In Glochem Industries Ltd vs Cadila Healthcare Ltd14,[2]

The Bombay High Court held that “Section 3 (d) consists of all fields including the field of pharmacology. Further, in this case, the court held that “the test to decide whether the discovery is an invention or not? It is on the patent applicant to show that the discovery has resulted in enhancement of known therapeutic efficacy of the original substance and if the discovery is nothing other than the derivative of a known substance, then, it must be shown that the properties in derivatives are significantly different in terms of efficacy. So under this sub-section, the very discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance will not be treated as an invention.

In Ten Xc Wireless Inc & Anr vs Mobi Antenna Technologies,

The Delhi High Court held that “a method of replacing conventional antennae with split-sector antennae; a split-sector asymmetric antenna for replacing conventional antennae – are all mere uses for the asymmetric antenna already known. Under Section 3(d) the subject matter claimed is therefore not an invention.

In Novartis Ag v. Union of India15,

The Supreme Court of India said that “mere discovery of an existing substance would not amount to the invention”. The Supreme Court of India further, in this case, held that for pharmaceutical patents apart from tests of novelty, inventive step and application, there is a new test of enhanced therapeutic efficacy for claims that cover incremental changes to existing drugs which also Novartis’s drug did not qualify”.

(e) Mere admixing of mixtures leading in the aggregation of properties are non- patentable.

A substance obtained by a mere admixing of two or more mixtures resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not considered the invention.

Explanation- mere addition of mixtures is non-patentable unless this satisfies the requirement of synergistic effect i.e., interaction of two or more substances or agents to produce a combined effect greater than the separate effect.

(f) Mere aggregation or duplication of devices working in a known way is not an invention.

The mere aggregation or re-arrangement or duplication of known devices each functioning independently of one another in a known way.

Explanation- mere improvement on something or combinations of different matters known before cannot be patentable unless this produces a new result or article.

(h) Horticulture or agricultural method is non-patentable.

A method related to agriculture or horticulture.

Explanation- a method of producing plants like cultivation of algae and mushrooms or improving the soil is not an invention and cannot be patentable.

(i) Medicinal, curative, prophylactic, diagnostic, therapeutic for treating diseases in human and animals are non-patentable.

Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

Explanation: those medicinal methods administering medicines orally or injecting it, surgical methods like stitch free surgeries, curative methods as curing plaques etc does not fall under the ambit of the invention and are non- patentable.

Case law
In Mayo Collaborative Services V. Prometheus Laboratories, Inc20.

In this case, the US Supreme Court said that “diagnostic and therapeutic methods (which includes the treatment or cure of diseases) is not patentable as it claims a law of nature”.

(j) Essential biological processes for the production or propagation of animals and plants is not an invention.

Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

(k) Simple mathematical or business or computer programs are not an invention.

A mathematical or business method or a computer program per se or algorithms;

Explanation– any mathematical calculation, any scientific truth or act of mental skills any activities related to business methods or algorithms (which are like the law of nature) cannot be patented.

(l) Aesthetic creation is not an invention.

A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

Explanation– such activities like writings, painting, sculpting, choreographing, cinematographing all these which are related to creativity cannot be patented and fall under the gamut of Copyright Act, 1957.

(m) Mental act, rule or method is not an invention.

A mere scheme or rule or method of performing mental act or method of playing a game.

Explanation- playing a game such as chess, sudoku etc are not considered as inventions rather these are mere brain exercises and hence are not patented.

(n) Presentation of information is non-patentable.

Explanation- a mere presentation of information by tables, chars is not an invention and hence are not patentable, for example, railway timetables, calendars etc.

(o) The topography of integrated circuits is non-patentable

Such as semiconductors used in microchips are not patented.

(p) Traditional Knowledge is not an invention.

An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of the traditionally known component or components.

Explanation- the traditional knowledge is know-how, skills, that is passed from generations to generations of a community and is already known cannot be patented for example the antiseptic properties of turmeric.

(q) Atomic-Energy inventions are non -patentable.

Section 4 deals with inventions relating to atomic energy, that are also not patentable and that fall within sub-section (1) of section 20 of the Atomic Energy Act, 1962.

Will NCPI (Bhim) Qualify For Patents?

Unified Payments is a payments mechanism that allows bank customers to send and receive money via a smartphone in real time. These payments settlements technology has been developed by NPCI (National Payments Corporation of India) which is a Reserve Bank of India backed entity with support from Indian banks.

NPCI indicated that the proximity-based solution offered by Tone Tag(a Bangalore based tech startup) could employ a tone, a sound, a near field communication (NFC), a radio-frequency identification device (RFID) or deploy ultra-high frequency (UHF) technology or a combination of these relying upon algorithm encryption. The request for proposal of NCPI added a  clause that raises questions about whether NPCI’s RFP violates Section 3(k) of the Act, as amended in 2002, lists ‘a mathematical or business method or a computer programme per se or algorithms’ under ‘inventions not patentable.

Patentability of Artificial Intelligence

The AI applications are modern-day machine learning functions and are of significant importance, especially in the commercial AI sector. However, the question is, should AI be patentable?

Indian Patent System for AI-based inventions

In India for patenting an AI technology one needs to follow the Computer-related Inventions (CRIs) guidelines which exclude a computer programme or algorithms from being patented (under 3(k) of the Indian Patent Act). At present these guidelines are focused on computers/algorithm/software based inventions and also are used to examine AI based inventions.

To claim for patenting the inventions based on AI following are needed:

  • Describe hardware (eg computer system, server, sensors etc.) along with AI algorithms in your patent;
  • Claim working method/process of the invention which uses AI; and
  • Refrain from focussing directly on programming codes/algorithms of AI.

The word “Artificial Intelligence” can be seen in claims of the granted patents but it is to be noted that this word is used to represent part of a system that utilizes data/commands provided by AI system. However, no focus is made on the operating principle of AI.

Management Notes

Ethics in Marketing, Meaning, Importance, Example

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Ethics in Marketing refers to the principles and standards that guide companies in conducting their marketing activities responsibly and fairly. It emphasizes honesty, transparency, and respect for consumer rights, ensuring that marketing practices do not deceive, manipulate, or exploit customers. Ethical marketing involves truth in advertising, responsible communication, and fair pricing, while also considering the social and environmental impacts of products and services. Companies that prioritize ethics in marketing aim to build trust, maintain long-term relationships with customers, and foster positive brand reputations, contributing to sustainable business success.

Importance of Ethics in Marketing:

  1. Building Consumer Trust

Ethical marketing helps build trust between a company and its consumers. By being transparent and honest in their marketing communications, businesses earn the confidence of customers. This trust forms the foundation of strong, long-term relationships, as consumers are more likely to remain loyal to a brand that upholds ethical standards.

  1. Enhancing Brand Reputation

A company that practices ethical marketing enhances its reputation in the marketplace. Consumers today are more informed and sensitive to unethical business practices. Brands that emphasize ethical behavior in their advertising, customer relations, and product offerings are seen as responsible and caring, leading to positive word-of-mouth and greater goodwill.

  1. Encouraging Long-Term Success

Ethical marketing contributes to a business’s long-term success. Unethical practices might offer short-term gains, but they can lead to scandals, legal issues, or customer boycotts. A consistent ethical approach fosters sustainable growth by aligning business goals with consumer expectations, ultimately contributing to long-term profitability and stability.

  1. Avoiding Legal issues

Maintaining high ethical standards in marketing can help avoid legal problems. Many countries have strict regulations that govern marketing practices, such as truth in advertising and consumer protection laws. Ethical marketing practices ensure compliance with these regulations, reducing the risk of lawsuits, fines, and other penalties that could damage a company’s finances and reputation.

  1. Fostering Customer Loyalty

Ethical marketing strengthens customer loyalty. When consumers feel that a company values honesty, fairness, and integrity, they are more likely to return to that brand for future purchases. Ethical behavior creates an emotional connection between the brand and its customers, enhancing customer retention and loyalty over time.

  1. Promoting Social Responsibility

Ethical marketing supports corporate social responsibility (CSR). Companies that adopt ethical marketing practices also tend to focus on broader social issues, such as environmental sustainability, fair trade, and community development. This not only helps society but also strengthens the company’s brand image as a socially responsible entity.

  1. Reducing Marketing Manipulation

Ethics in marketing discourages manipulative or deceptive tactics, such as false advertising or exaggerating product benefits. By adhering to ethical guidelines, marketers can communicate honestly with consumers, preventing negative repercussions like consumer backlash or damaged credibility.

  1. Attracting Ethical Consumers

A growing number of consumers prefer to support companies that practice ethical marketing. These consumers are willing to pay more for products and services from businesses that demonstrate ethical behavior, making ethics in marketing a competitive advantage for attracting and retaining value-driven customers.

Example of Ethics in Marketing:

  1. Truthful Advertising

Ethical marketing involves being honest about product features, benefits, and performance. For instance, a food company that accurately labels its products as “organic” only if they meet certified standards ensures transparency. This helps consumers make informed decisions and prevents deceptive claims that could lead to legal or reputational damage.

  1. Respecting Consumer Privacy

Many companies prioritize ethical data collection and usage by respecting customer privacy. For example, Apple emphasizes user privacy by giving users control over their personal information, ensuring data is not shared without consent. Ethical marketing avoids invasive tactics, such as selling customer data or using misleading practices to gather information.

  1. Fair Pricing

Ethical marketing ensures that prices reflect value without exploiting consumers. During the COVID-19 pandemic, some companies refrained from price gouging essential goods like sanitizers and masks, ensuring affordability for all. This demonstrates a commitment to fairness and responsibility in times of need.

  1. Socially Responsible Campaigns

Companies like Patagonia, which incorporate sustainability into their marketing, are examples of ethical marketing. Their “Don’t Buy This Jacket” campaign encouraged consumers to reconsider unnecessary purchases, highlighting environmental responsibility over profits.

  1. Inclusive Representation

Ethical marketers strive for inclusivity in their campaigns. Dove’s “Real Beauty” campaign, for example, challenged traditional beauty standards by featuring women of various body types, ethnicities, and ages, promoting self-confidence and diversity.

  1. Transparency in Sourcing

Ethical marketing includes transparency in how products are sourced. Brands like Fairtrade promote ethically sourced products by ensuring fair wages and working conditions for farmers and workers, appealing to consumers who value social responsibility.

Management Notes

Components (Ps) of Marketing Mix., Meaning and Elements

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Marketing Mix is a fundamental concept in marketing that refers to the set of controllable tools a company uses to influence the buying decisions of its target market. Traditionally, it is composed of four key components, often referred to as the 4 Ps: Product, Price, Place, and Promotion. Each of these elements works together to form an integrated strategy that helps meet the needs of customers and achieves organizational goals.

Product

The product is the central element of the marketing mix. It refers to what the business offers to the market, whether it is a tangible good (physical item) or an intangible service. The product must satisfy the needs and wants of the customers and deliver value, which is essential for the success of any marketing strategy.

Elements of Product:

  • Core Product:

The primary benefit or service the customer is seeking. For example, in purchasing a car, the core product is transportation.

  • Product Quality:

The level of quality a product has, which affects customer satisfaction and loyalty. High-quality products are often linked to higher prices and brand image.

  • Product design and Features:

Includes the specifications, style, color, and functionality that make the product attractive or useful to consumers. Innovation and uniqueness can differentiate a product from competitors.

  • Branding:

The name, symbol, or design that identifies and differentiates a product. Branding creates recognition and loyalty among customers.

  • Packaging:

The way the product is presented to customers. It serves as protection but also as a tool for branding and communication.

  • Product Lifecycle:

Products go through stages like introduction, growth, maturity, and decline. Understanding this lifecycle helps marketers plan for innovation and product changes.

  • Product Variety:

Offering a range of products to meet the diverse needs and preferences of customers.

  • Support services:

After-sale services, warranties, and guarantees enhance customer satisfaction.

Price

Price is the amount of money customers must pay to acquire a product or service. It directly affects demand and is a crucial factor in determining a company’s profitability. Pricing strategies must consider costs, customer perception, competition, and market conditions.

Elements of Price:

  • Pricing strategy:

Different strategies like penetration pricing (setting a low price to enter the market), skimming pricing (setting a high price initially), and competitive pricing (setting a price based on competitors’ prices) are used depending on the market and business goals.

  • Cost:

The company’s costs, including production, distribution, and marketing, influence the price. The price must cover costs to ensure profitability.

  • Perceived Value:

How much customers are willing to pay for a product based on its perceived benefits and uniqueness.

  • Discounts and Allowances:

Offering discounts, seasonal pricing, and allowances to incentivize purchases.

  • Payment terms:

Flexible payment options like installment plans, credit, and deferred payments can make a product more accessible to a broader audience.

  • Price elasticity:

How sensitive customer demand is to price changes. Products with high elasticity see significant changes in demand when prices fluctuate, while inelastic products have more stable demand.

  • Psychological Pricing:

Tactics like pricing items just below a round number (e.g., $99.99) can make the price seem more appealing.

  • Geographical Pricing:

Adjusting prices based on the location, local economic conditions, or transport costs.

Place (Distribution)

Place refers to the activities that make a product available to customers. It is about getting the right product to the right place at the right time, ensuring convenience and accessibility for customers. Efficient distribution systems can provide a competitive advantage.

Elements of Place:

  • Distribution channels:

The pathways through which products reach customers, including wholesalers, retailers, online platforms, direct selling, and more.

  • Logistics:

The transportation, warehousing, and inventory management required to move products from production to the point of sale.

  • Market coverage:

The extent to which a product is available across various locations. It may involve intensive distribution (as many outlets as possible), selective distribution (a limited number of outlets), or exclusive distribution (a few select outlets).

  • Channel Partners:

Relationships with intermediaries like wholesalers, retailers, and agents who help sell the product. Strong partnerships ensure efficient delivery and product availability.

  • Supply Chain Management:

The process of coordinating and optimizing the flow of goods and services from supplier to manufacturer to customer.

  • Retail Location:

For businesses with physical stores, choosing the right location is critical to attracting customers and generating sales.

  • Online presence:

In the digital age, having a strong e-commerce platform or partnering with online marketplaces ensures that customers can purchase products conveniently.

  • Distribution intensity:

Deciding whether to offer the product through a wide range of retailers (mass distribution) or select a few exclusive retailers (niche distribution).

Promotion

Promotion encompasses all the activities and tools that communicate the value of the product to the customer and persuade them to purchase it. It includes various forms of communication aimed at creating awareness, generating interest, and ultimately driving sales.

Elements of Promotion:

  • Advertising:

Paid media campaigns through television, radio, online ads, social media, print, etc., that inform and persuade customers about the product.

  • Sales Promotion:

Short-term incentives like coupons, discounts, contests, and free samples that encourage customers to try or buy the product.

  • Personal Selling:

Direct interaction between a sales representative and a customer to provide information, answer questions, and close sales. It’s often used in high-involvement purchases.

  • Public Relations (PR):

Managing the company’s image and relationship with the public through media coverage, press releases, events, and community involvement.

  • Direct Marketing:

Engaging directly with the customer through emails, catalogs, telemarketing, and mobile messages to promote the product.

  • Digital Marketing:

Utilizing online platforms such as social media, search engines, and websites to connect with customers. It includes content marketing, influencer marketing, and email campaigns.

  • Sponsorship and Endorsements:

Partnering with events, celebrities, or influencers to boost the product’s visibility and credibility.

  • Brand Positioning:

Defining how the product is perceived in the minds of the customers compared to competitors.

How to Develop a Marketing Mix?

  1. Define Your Goal and Set a Budget

The first step in developing an effective marketing mix is to establish clear, specific goals. What do you want to achieve through your marketing efforts? Whether it’s increasing sales, attracting new customers, or enhancing brand recognition, your objectives should be measurable and realistic. Once you’ve defined your goals, it’s crucial to set a budget that aligns with these objectives. The budget should reflect how much you’re willing to invest in reaching your goals.

  1. Study Your Target Customer

Understanding your target customer is essential to developing a marketing mix that resonates. Research and segment your audience to identify different groups with specific needs, preferences, and behaviors. Create detailed customer profiles for each segment and refer to these profiles when crafting your marketing strategies. This ensures that your product or service is tailored to meet the desires of each segment, increasing its appeal and effectiveness.

  1. Identify Your Unique Selling Proposition (USP)

Your unique selling proposition (USP) sets you apart from competitors. To clarify your USP, engage with your customers through surveys, interviews, and focus groups. Identify the key benefits your product or service offers and how it solves problems more effectively than competing offerings. Highlighting your USP in your marketing mix will help attract and retain customers by communicating what makes your product special.

  1. Understand Your Competition

Conduct a thorough competitor analysis to gain insights into their strategies and tactics. Understanding your competitors will provide valuable information, especially when it comes to pricing. Knowing how others in your industry position their products, their pricing models, and their distribution channels allows you to differentiate your offering and stay competitive in the market.

  1. Identify the Unique Features of Your Product

List the unique qualities and value that your product or service provides. Consider features such as design, functionality, or added benefits that make your offering stand out. Emphasizing these unique aspects in your marketing materials can help you position your product more effectively in the market.

  1. Create a Pricing Strategy

Based on the competitor analysis you’ve conducted, develop a pricing strategy that reflects your product’s value while remaining competitive. Ensure that your product is neither overpriced nor underpriced by considering factors such as customer perception, production costs, and competitor pricing. A well-thought-out pricing strategy can influence consumer purchasing decisions and impact your profitability.

  1. Choose Your Distribution Channels and Promotional Methods

Select the appropriate distribution channels for delivering your product based on its type and the preferences of your target audience. Whether it’s physical stores, online platforms, or a combination of both, ensure your product is accessible where your customers are. Additionally, choose promotional methods that fit your budget and resonate with your audience. Your promotion strategy should align with your overall marketing objectives and highlight your product’s unique features and value.

Management Notes

Product Planning, Stages, Significance

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Product Planning is a strategic process that involves the development and management of a product throughout its life cycle. It encompasses various stages, including idea generation, market research, product design, testing, and launch. The primary goal is to align the product with consumer needs and market trends, ensuring its competitiveness and profitability. Effective product planning also includes setting clear objectives, identifying target markets, and determining the appropriate marketing mix.

Stages of Product Planning:

Product planning is a systematic process that involves several stages to ensure the successful development and management of a product throughout its life cycle.

  1. Idea Generation

This is the initial stage where new product ideas are generated. Ideas can come from various sources, including customers, employees, market research, competitors, and technological advancements.

  • Methods: Brainstorming sessions, focus groups, surveys, and innovation workshops are commonly used to stimulate creativity and gather ideas.

  1. Idea Screening

In this stage, the generated ideas are evaluated to determine their feasibility and alignment with the company’s objectives.

  • Criteria: Ideas are assessed based on criteria such as market potential, technical feasibility, cost implications, and strategic fit. Poor or unrealistic ideas are discarded to focus resources on viable options.

  1. Concept Development and Testing

The selected ideas are developed into detailed product concepts. This involves creating descriptions, sketches, and prototypes to visualize the product.

  • Testing: These concepts are then tested through market research methods such as surveys or focus groups to gather feedback on their appeal, usability, and market potential.

  1. Business Analysis

This stage involves analyzing the product concept’s business viability. It includes assessing market demand, estimating sales, and calculating costs and profits.

  • Outcome: A detailed business plan is created, outlining the expected return on investment and financial projections, helping to determine whether to proceed.

  1. Product Development

Once the concept is approved, the product is developed. This includes creating prototypes, conducting technical testing, and finalizing the product design.

  • Collaboration: Cross-functional teams collaborate to ensure that the product meets quality standards and fulfills the requirements identified in earlier stages.

  1. Market Testing

The product is introduced to a limited market segment to test its performance and gather real-world feedback.

  • Methods: This may involve test marketing, beta testing, or pilot launches. The feedback collected helps identify any necessary adjustments before a full-scale launch.
  1. Commercialization

In this stage, the product is officially launched into the market. This involves finalizing marketing strategies, distribution channels, and promotional activities.

  • Execution: The company prepares for mass production and distribution while also implementing marketing campaigns to create awareness and generate interest.

  1. Post-Launch Evaluation and Management

After the product launch, it is crucial to monitor its performance in the market. This includes tracking sales data, customer feedback, and market trends.

  • Adjustments: Based on the evaluation, companies may need to make adjustments to the product, marketing strategies, or distribution methods to enhance performance and address any issues.

Significance and Objects of Product planning:

Product planning is an essential process in marketing and management, focusing on the strategic development and management of products throughout their life cycles.

  • Market Alignment:

One of the primary objectives of product planning is to align products with market needs and consumer preferences. By conducting market research, businesses can understand customer demands and trends, allowing them to create products that meet specific requirements.

  • Competitive Advantage:

Product planning helps organizations identify their unique selling propositions (USPs) and differentiate their offerings from competitors. By developing innovative features, superior quality, or unique designs, companies can gain a competitive edge in the market.

  • Risk Management:

Effective product planning reduces the risks associated with product development and launches. By analyzing market trends and consumer feedback, companies can identify potential pitfalls and make necessary adjustments before introducing a product to the market.

  • Resource Allocation:

Product planning allows organizations to allocate resources efficiently. By determining the feasibility and potential profitability of a product, companies can invest their time, finances, and human resources in projects that offer the best returns.

  • Long-term Strategy:

Product planning is integral to a company’s long-term strategy. It involves forecasting future market trends and consumer needs, allowing businesses to develop products that will remain relevant and profitable over time.

  • Enhancing Customer Satisfaction:

Through product planning, companies can create products that genuinely address customer needs and desires. This focus on customer satisfaction leads to improved brand loyalty and repeat business.

  • Lifecycle Management:

Effective product planning involves managing products through their life cycles—from introduction to decline. By continuously evaluating a product’s performance, companies can implement strategies to extend its life, reposition it, or decide when to phase it out.

  • Innovation and Development:

Product planning encourages innovation by fostering a culture of creativity and experimentation. Organizations can explore new ideas and technologies, ensuring they stay at the forefront of their industries.

  • Brand Building:

A well-executed product planning process can enhance brand equity. Consistently delivering high-quality products that meet consumer expectations strengthens brand reputation and recognition.

  • Feedback Mechanism:

Product planning establishes a feedback loop between the organization and its customers. By collecting and analyzing customer feedback post-launch, businesses can make informed decisions about product modifications, improvements, or new offerings.

  • Integration with Marketing Strategy:

Product planning ensures that products are integrated with the overall marketing strategy. By aligning product features, pricing, promotion, and distribution channels, companies can create cohesive marketing campaigns that resonate with their target audience.

  • Sustainability and Ethics:

In today’s market, product planning increasingly focuses on sustainability and ethical considerations. Businesses must consider the environmental impact of their products and strive for responsible sourcing, production, and disposal methods, aligning with consumer expectations for ethical practices.

Management Notes

Branding, Significance, Essentials, Types, Challenges

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Branding is the process of creating a unique identity for a product, service, or company through elements like names, logos, symbols, and messaging that differentiate it from competitors. It aims to build a strong, positive perception in consumers’ minds, fostering recognition, trust, and loyalty. Effective branding communicates the value and essence of what a brand represents, emotionally connecting with target audiences. Over time, a well-established brand can influence consumer behavior, increase customer loyalty, and enhance a company’s market position and profitability.

Significance of Branding:

Branding holds immense significance for businesses as it plays a crucial role in shaping their identity, reputation, and overall success.

  • Creates a Unique Identity

Branding helps businesses differentiate themselves from competitors by creating a unique identity. A strong brand name, logo, and design elements set a business apart in the marketplace, making it easily recognizable and memorable for consumers. This uniqueness fosters brand loyalty and helps build a lasting impression.

  • Builds Customer Trust and Loyalty

A well-established brand cultivates trust among consumers. When people consistently have positive experiences with a brand, they begin to trust it and are more likely to remain loyal. Trust is built through quality products, services, and consistent communication, leading to long-term relationships and repeat purchases.

  • Facilitates Customer Recognition

Branding enhances recognition, making it easier for customers to identify a product or service amidst the competition. A strong brand allows customers to quickly associate the visual elements (logo, packaging, color schemes) with the business, increasing the chances of customer recall and purchase decisions.

  • Supports Marketing and Advertising Efforts

An established brand makes marketing and advertising more effective. Strong branding creates a foundation for promotional campaigns, allowing businesses to convey their message with greater impact. With a clear brand identity, marketing efforts become more consistent, reinforcing the brand’s core values and driving customer engagement.

  • Increases Business Value

Strong brand is an intangible asset that can increase the overall value of a business. Well-recognized brands often enjoy higher customer loyalty, which translates to greater sales and market share. Moreover, a solid brand identity can attract investors and stakeholders, leading to better financial growth.

  • Emotional Connection with Customers

Branding helps create an emotional bond between customers and the business. Through consistent messaging, storytelling, and aligning with customer values, brands can foster deeper connections, influencing consumer behavior and decision-making based on emotional factors, not just product features.

  • Allows Premium Pricing

Strong brand can justify premium pricing. Customers often perceive branded products as being of higher quality or value, enabling businesses to charge more compared to lesser-known competitors. Brand equity, built over time, supports this price differentiation.

  • Helps Business Expansion

A well-established brand makes it easier to introduce new products or enter new markets. Strong branding carries a reputation that can be leveraged when launching new offerings, as consumers are more likely to trust the business based on its established identity, easing the process of market penetration.

Essentials of Good Branding:

  • Clear Brand Purpose and Positioning

Successful brand must have a clear purpose and positioning in the market. The brand’s purpose defines why it exists, while positioning identifies how it differentiates itself from competitors. A well-defined purpose and positioning give direction to all branding efforts and resonate with the target audience.

  • Consistent Messaging

Consistency is key in branding. A brand should communicate a uniform message across all platforms, including advertising, social media, packaging, and customer service. Consistent messaging reinforces the brand’s identity and helps build recognition and trust among customers.

  • Strong Visual Identity

Brand’s visual identity includes its logo, color palette, typography, and design elements. These should be distinctive, memorable, and reflect the brand’s personality. A strong and cohesive visual identity helps create brand recognition and makes it easier for consumers to identify the brand in a crowded marketplace.

  • Target Audience Understanding

Good branding is deeply rooted in a thorough understanding of the target audience. Knowing customer demographics, preferences, behaviors, and pain points allows businesses to tailor their branding efforts to meet the needs and desires of their customers, making the brand more relevant and relatable.

  • Emotional Connection

Strong brand fosters an emotional connection with its audience. Successful brands go beyond functional benefits and tap into the emotions, values, and aspirations of their customers. This emotional bond builds customer loyalty and turns buyers into advocates of the brand.

  • Authenticity and Transparency

Authenticity is crucial for building trust. Customers value brands that are transparent about their values, operations, and promises. Being true to the brand’s identity and mission, and delivering on promises, enhances credibility and strengthens customer relationships.

  • Adaptability

While consistency is important, good branding is also adaptable. Brands must evolve to stay relevant in changing markets, trends, and customer needs. This flexibility allows brands to innovate, refresh their identity, and remain competitive without losing their core values.

  • Unique Value Proposition (UVP)

Brand’s unique value proposition (UVP) clearly communicates what sets the brand apart from its competitors. The UVP should highlight the benefits of the product or service and why customers should choose the brand over others.

  • Customer Experience

Customer’s experience with a brand, from discovery to purchase and post-sale service, shapes their perception of the brand. A seamless, positive, and consistent customer experience is essential for reinforcing the brand’s image and cultivating loyalty.

  • Long-Term Vision

Good branding is built with a long-term vision in mind. It should not only focus on immediate sales but also on creating a lasting impact. A strong brand is one that remains relevant, memorable, and evolves with its customers over time, ensuring sustainable growth and success.

Types of Good Branding:

  1. Corporate Branding

Corporate branding focuses on the overall image of a company rather than individual products or services. It aims to create a strong, cohesive identity for the company as a whole. Examples include companies like Apple and Google, whose corporate identity is often more recognized than their individual products.

  1. Product Branding

Product branding involves creating a distinct identity for a specific product. This is one of the most common forms of branding, where the focus is on differentiating one product from its competitors. Examples include Coca-Cola or Nike Air Jordan, which have strong individual product brands.

  1. Service Branding

Service branding focuses on promoting the intangible services a company offers. This form of branding is especially important for businesses in sectors like hospitality, healthcare, and consulting. Companies like Marriott or Zappos are examples where customer experience is central to their service branding.

  1. Personal Branding

Personal branding refers to building an identity around an individual rather than a company. This is common among celebrities, influencers, entrepreneurs, and professionals who seek to cultivate their image to attract followers, clients, or career opportunities. Personal branding helps individuals stand out in competitive industries.

  1. Retail Branding

Retail branding is the process of building a brand identity for stores or chains. It focuses on the shopping experience, atmosphere, and customer service, not just the products being sold. Brands like Walmart or IKEA have established strong retail identities that resonate with specific customer segments.

  1. Geographic Branding

Geographic branding associates a product or service with a specific location. This type of branding is used to promote regions, cities, or countries for tourism, products, or events. Examples include “Swiss Watches” or “Made in Italy” branding, which highlights the quality or heritage of a particular location.

  1. Co-Branding

Co-branding occurs when two or more brands collaborate to create a combined product or marketing effort. This allows both brands to leverage each other’s strengths and expand their reach. Examples include Nike and Apple collaborating on the Nike+ product line, blending fitness and technology.

  1. Ingredient Branding

Ingredient branding emphasizes a specific component of a product that adds value to the consumer. This is commonly seen in technology and food industries. For example, “Intel Inside” is an ingredient branding that highlights Intel as a key element in various computer systems.

  1. Cultural or Cause Branding

Brands can associate themselves with a social cause or cultural movement. This type of branding reflects a company’s values and aligns it with a cause to resonate with consumers who share those values. Brands like Ben & Jerry’s or Patagonia are known for aligning their identity with social and environmental causes.

Challenges of Good Branding:

  1. Maintaining Brand Consistency

One of the biggest challenges in branding is maintaining consistency across all platforms and touchpoints. Brands must ensure that their message, tone, and visuals are aligned across advertising, social media, website, customer service, and physical stores. Inconsistency can dilute the brand identity and confuse customers.

  1. Adapting to Changing Market Trends

Markets are constantly evolving, with consumer preferences and industry trends shifting over time. Brands need to strike a balance between staying true to their core identity and adapting to new trends. Failing to evolve can make a brand seem outdated, while changing too much can alienate loyal customers.

  1. Building and Sustaining Customer Loyalty

In a highly competitive environment, earning customer loyalty is a significant challenge. Consumers have a multitude of options, and retaining them requires a brand to consistently deliver value, quality, and a positive experience. Fostering loyalty involves ongoing engagement and maintaining trust over time.

  1. Standing Out in a Crowded Marketplace

With so many businesses offering similar products and services, differentiation is critical. Brands must create a unique value proposition and effectively communicate what sets them apart. However, this can be difficult when competitors are also vying for the same target audience with similar offers.

  1. Navigating Digital Transformation

The rapid shift towards digital platforms requires brands to maintain a strong online presence. Managing websites, social media, digital advertising, and online customer interactions can be overwhelming. Ensuring a seamless digital experience is crucial for building and maintaining brand reputation.

  1. Crisis Management

Brands may face unexpected crises, such as negative publicity, product recalls, or customer complaints. Effectively managing these situations while protecting the brand’s image is a major challenge. Poorly handled crises can result in lasting damage to the brand’s reputation and trust.

  1. Meeting Consumer Expectations

Modern consumers expect more from brands than just quality products or services. They demand transparency, ethical behavior, and social responsibility. Meeting these expectations while maintaining profitability can be challenging, especially for brands that need to adjust their practices or policies.

  1. Balancing Global and Local Branding

For global brands, striking the right balance between maintaining a cohesive brand identity across markets and adapting to local cultural differences is difficult. Global branding must respect cultural nuances without diluting the core values of the brand.

  1. Keeping Brand Identity Authentic

Authenticity is crucial to successful branding, but staying authentic while growing can be difficult. Expanding into new markets, introducing new products, or scaling the business might challenge a brand’s ability to maintain its original values. Staying true to the brand’s identity without losing sight of its mission can be a complex task.

Management Notes

Approaches to Marketing

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The study of marketing has been approached from multiple perspectives, reflecting its complex nature. For some, marketing means selling products in a shop or marketplace, while for others, it encompasses analyzing individual products and their movements in the market. Some view it as the study of the individuals—wholesalers, retailers, agents, etc.—who facilitate the movement of these products. Others focus on the behavior of commodities and the processes involved in their movement. The approaches to marketing have evolved through several stages, highlighting a process of development and adaptation.

  • Product or Commodity Approach

The commodity approach centers on the product itself, analyzing its flow from the original producer to the ultimate consumer. This study examines various aspects related to a specific commodity, including sources and conditions of supply, the nature and extent of demand, transportation, storage, standardization, and packaging. For example, if we consider rice, one must investigate its sources, the individuals involved in its buying and selling, transportation methods, selling challenges, financing, storage, and packaging. This method provides a comprehensive view of the marketing process for each product. While it is straightforward and yields valuable insights, it can also be time-consuming and repetitive.

  • Institutional Approach

The institutional approach focuses on the study of marketing institutions, such as middlemen, wholesalers, retailers, importers, exporters, and warehouses, that facilitate the movement of goods. Often referred to as the middlemen approach, this method emphasizes understanding the functions of these institutions in executing marketing activities. The activities of each institution contribute to the overall marketing process. However, this approach may not adequately capture the complete marketing functions or the interrelationships among different institutions.

  • Functional Approach

The functional approach prioritizes the various functions performed in marketing. This method breaks marketing down into specific functions, such as buying, selling, pricing, standardization, storage, transportation, advertising, and packaging. Each function is examined in detail to understand its nature, necessity, and importance. In this approach, marketing is seen as the “business of buying and selling” and includes all business activities involved in the flow of goods and services between producers and customers. However, this focus on individual functions may overlook their application in specific business operations.

  • Management Approach

The management approach is the most recent and scientific perspective, concentrating on marketing activities and the role of decision-making within a firm. It emphasizes how managers address specific problems and situations in the market. This approach evaluates current marketing practices to achieve specific objectives. Two key factors are considered: controllable factors (e.g., price adjustments, advertising) and uncontrollable factors (e.g., economic, sociological, psychological, and political influences). While the controllable factors can be managed by the firm, the uncontrollable factors limit marketing opportunities. Therefore, the managerial approach involves studying uncontrollable factors and making decisions regarding controllable ones, focusing on practical marketing aspects while somewhat neglecting theoretical foundations. Overall, it provides a comprehensive view of the business.

  • System Approach

The system approach views marketing as a network of interconnected objects and relationships. It emphasizes the interrelations and connections among various marketing functions, examining both internal and external marketing linkages. Internally, this approach fosters coordination among business activities—such as engineering, production, marketing, and pricing. Through feedback mechanisms, businesses can modify their processes to achieve desired outputs and customer satisfaction. The system approach underscores the importance of marketing information in understanding markets and achieving marketing objectives.

  • Societal Approach

Emerging recently, the societal approach considers the marketing process as a means for society to fulfill its consumption needs. This perspective prioritizes ecological factors—such as sociological, cultural, and legal elements—over how businesses meet consumer demands. It emphasizes the impact of marketing decisions on societal well-being, aiming to align marketing practices with broader societal goals.

  • Legal Approach

The legal approach concentrates solely on the regulatory aspects of marketing, particularly the transfer of ownership from seller to buyer. In India, for example, marketing activities are governed by laws such as the Sales of Goods Act and the Carriers Act. However, this narrow focus on legal frameworks may neglect other crucial aspects of marketing.

  • Economic Approach

The economic approach examines supply, demand, and pricing issues. While these factors are vital from an economic standpoint, this approach may not provide a comprehensive understanding of marketing as a whole.

Management Notes

Firewall, Components, Working, Types, Challenges

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Firewall is a network security system that monitors, filters, and controls incoming and outgoing network traffic based on predetermined security rules. It acts as a barrier between trusted internal networks and untrusted external networks, such as the internet, to prevent unauthorized access and potential cyberattacks. Firewalls can be hardware-based, software-based, or a combination of both. They examine data packets, allowing only legitimate traffic while blocking malicious or suspicious activity. By enforcing access policies, firewalls protect systems from hackers, malware, and unauthorized users, ensuring data confidentiality, integrity, and availability within networks and computer systems.

Components of Firewall:

  • Packet Filtering

Packet filtering is a fundamental firewall component that examines data packets entering or leaving the network. It analyzes packet headers, such as IP addresses, port numbers, and protocols, to determine whether to allow or block the traffic based on predefined rules. This method is fast and efficient, but it cannot inspect the actual data content, making it vulnerable to advanced threats. Packet filtering works as the first line of defense, ensuring only traffic matching the organization’s security policies is permitted. While simple, it provides essential control over basic network traffic flow.

  • Proxy Service

A proxy service acts as an intermediary between users and the internet. Instead of direct communication, the firewall’s proxy server fetches requests on behalf of the user, providing an additional security layer. It hides the internal network structure, preventing attackers from identifying devices within the system. Proxies can also perform deep packet inspection, cache frequently accessed content, and filter requests based on content or user behavior. By breaking direct connections, proxies reduce exposure to threats, enhance privacy, and enforce security policies, making them essential for controlling application-level communication.

  • Stateful Inspection

Stateful inspection, also called dynamic packet filtering, monitors the state and context of active network connections. Unlike basic packet filtering, which checks packets in isolation, stateful inspection analyzes the entire traffic session, ensuring packets are part of a legitimate, established connection. It maintains a state table to track sessions and validates whether incoming packets match expected patterns. This prevents unauthorized attempts like spoofing or session hijacking. Stateful inspection provides a balance of strong security and performance, offering a more robust solution for modern networks compared to simple filtering techniques.

  • Network Address Translation (NAT)

NAT is a firewall component that conceals internal IP addresses by translating them into a single public IP address for external communication. This masking improves security by hiding the network’s internal structure from outsiders. NAT also helps conserve limited IPv4 addresses by allowing multiple devices to share one public IP. In addition to protecting devices from direct external exposure, NAT ensures efficient traffic management. Combined with firewall rules, NAT minimizes the risk of attacks on internal systems, making it a critical function in safeguarding organizational networks from potential cyber intrusions.

  • Virtual Private Network (VPN) Support

Many firewalls include VPN support to establish secure, encrypted tunnels for remote access. VPN-enabled firewalls allow employees or authorized users to connect to the organization’s internal network safely over the internet. By encrypting traffic, VPNs ensure confidentiality, integrity, and authentication, protecting sensitive data from interception. They also enforce access control by verifying user credentials before granting entry. VPN integration in firewalls is especially important for organizations with remote workers, branch offices, or cloud-based operations, as it ensures safe communication and resource sharing while maintaining the network’s security perimeter.

  • Intrusion Detection and Prevention (IDPS)

Intrusion Detection and Prevention Systems (IDPS) in firewalls monitor network traffic for suspicious activity or policy violations. They use signature-based, anomaly-based, or behavioral techniques to identify threats like malware, denial-of-service attacks, or unauthorized access attempts. An IDS alerts administrators about suspicious events, while an IPS actively blocks or mitigates malicious traffic in real-time. Integrating IDPS with firewalls provides layered defense against both known and emerging cyber threats. This proactive security feature ensures threats are detected early, reducing damage and maintaining network integrity.

  • Logging and Monitoring

Logging and monitoring are essential firewall components that record details of all traffic and activities passing through the firewall. Logs include information such as source and destination IPs, ports, protocols, and timestamps of network events. These records help administrators analyze traffic patterns, detect anomalies, and investigate security incidents. Real-time monitoring enables quick response to attacks, while historical logs support audits and compliance requirements. By offering visibility into network behavior, logging and monitoring strengthen overall security posture, enabling organizations to improve firewall policies and anticipate potential threats more effectively.

  • Content Filtering

Content filtering in firewalls controls access to inappropriate, harmful, or non-business-related websites and online resources. By inspecting web traffic, the firewall blocks access to sites containing malware, phishing, or offensive content, ensuring employee productivity and organizational safety. Content filtering can also restrict access based on categories like social media, streaming platforms, or gaming. It often integrates with URL filtering databases or keyword-based restrictions. Beyond security, content filtering helps organizations comply with regulations, maintain bandwidth efficiency, and protect users from harmful online material.

How does a Firewall Work?

  • Traffic Monitoring and Filtering

A firewall works by continuously monitoring all incoming and outgoing network traffic. It acts as a security guard, examining data packets that travel between a private network and external sources like the internet. Each packet is inspected based on pre-set rules such as IP addresses, port numbers, and protocols. If a packet meets the allowed criteria, it is permitted to pass; otherwise, it is blocked. This packet-filtering process ensures that only safe and authorized communication enters or leaves the network, providing a first line of defense against unauthorized access.

  • Access Control

Firewalls enforce access control by defining which users, devices, or applications can interact with the network. Administrators configure policies that specify permitted services, such as web browsing or email, while restricting unwanted ones. By applying these rules, the firewall creates barriers between trusted and untrusted zones, ensuring critical systems are shielded. Access control may be based on IP addresses, domain names, or authentication credentials. This mechanism helps prevent attackers, malware, or unauthorized users from exploiting the network. Essentially, firewalls limit exposure by ensuring that only approved communication is allowed, maintaining both privacy and system integrity.

  • Stateful Inspection

Modern firewalls use stateful inspection, a method that not only checks packet headers but also tracks the state of active connections. Instead of treating each packet independently, the firewall records session details in a state table. It verifies whether a packet belongs to an established, legitimate connection or is suspicious. For example, if a packet claims to be a response to a request but no such request was sent, the firewall will block it. This deeper inspection provides more accuracy and security than simple packet filtering, helping to detect and stop sophisticated cyberattacks effectively.

  • Protection Against Threats

A firewall acts as a defense mechanism by blocking malicious traffic, viruses, worms, and hacking attempts before they reach the network. Many firewalls integrate intrusion detection, intrusion prevention, and content filtering to strengthen security. They can identify unusual patterns, such as port scanning or denial-of-service (DoS) attempts, and take immediate action. By controlling both inbound and outbound traffic, firewalls prevent sensitive data from being leaked or stolen. This multi-layered protection reduces vulnerabilities and ensures the confidentiality, integrity, and availability of network resources, making firewalls a critical safeguard in cybersecurity.

Types of Firewalls:

  • Packet-Filtering Firewall

A packet-filtering firewall is the most basic type, which examines data packets moving across a network. It checks source and destination IP addresses, port numbers, and protocols against predefined rules. If the packet matches the rules, it is allowed; otherwise, it is blocked. This firewall works at the network layer and is efficient but limited because it does not inspect the content of packets. While it provides quick filtering, it is vulnerable to sophisticated attacks that disguise malicious data. It is best suited for small networks requiring simple, cost-effective protection without complex monitoring.

  • Stateful Inspection Firewall

A stateful inspection firewall, also known as a dynamic packet filter, goes beyond simple packet filtering. It monitors active connections and keeps track of the state of network sessions using a state table. Instead of only checking packet headers, it verifies whether the packet belongs to an existing, legitimate session. This makes it more secure than basic firewalls, as it prevents malicious or unsolicited traffic. Stateful firewalls are commonly used in modern networks because they balance performance and security. They are effective in protecting against unauthorized access and attacks while still maintaining efficient traffic flow.

  • Proxy Firewall (Application-Level Gateway)

A proxy firewall acts as an intermediary between users and the internet by filtering requests at the application layer. Instead of allowing direct communication, it processes requests and forwards them to the destination on behalf of the user. This hides the internal network, offering strong anonymity and protection. Proxy firewalls can inspect data deeply, block harmful content, and prevent direct exposure to threats. However, they may slow down network performance due to heavy traffic inspection. They are useful in organizations needing strict security and monitoring, especially for web browsing, email filtering, and application-level access control.

  • Next-Generation Firewall (NGFW)

Next-Generation Firewalls combine traditional firewall features with advanced capabilities like intrusion prevention systems (IPS), deep packet inspection, and application awareness. Unlike standard firewalls, NGFWs can identify and control applications regardless of port, protocol, or encryption. They also integrate features like malware protection, URL filtering, and threat intelligence. This makes them highly effective against sophisticated cyber threats. NGFWs provide greater visibility into network traffic, enabling organizations to enforce more granular security policies. Although costlier, they are widely adopted by enterprises that require robust, multi-layered security to protect against modern attacks and evolving cyber risks.

Challenges of Firewalls:

  • Limited Protection Scope

Firewalls are effective at blocking unauthorized access, but they cannot detect or prevent all types of cyber threats. They mainly monitor incoming and outgoing traffic, which means attacks like phishing, malware hidden in encrypted traffic, or insider threats may bypass them. Additionally, firewalls do not provide full protection against social engineering or sophisticated zero-day attacks. Relying solely on a firewall without other security measures creates vulnerabilities. To overcome this limitation, organizations must use firewalls in combination with intrusion detection systems, antivirus software, and strong user awareness programs to ensure a multi-layered defense strategy.

  • Performance and Latency Issues

Firewalls, especially advanced ones like next-generation firewalls (NGFWs), can introduce latency by analyzing packets, inspecting content, and filtering applications. High traffic volumes may slow down network performance, causing delays for users and critical business applications. In environments with heavy data flow, this can impact productivity. To address this, organizations need robust hardware, proper configuration, and network optimization strategies. However, upgrading infrastructure increases costs. Balancing strong security with optimal performance remains a challenge, as overloading the firewall or misconfiguring rules may lead to bottlenecks, service disruptions, or even security gaps if traffic inspection is reduced to improve speed.

  • Complex Configuration and Management

Setting up and maintaining a firewall requires skilled administrators to configure rules, policies, and filters correctly. Misconfigured firewalls may either block legitimate traffic, causing disruptions, or allow malicious traffic, creating security holes. Large organizations with complex networks face challenges in managing multiple firewalls across different locations. Regular updates and monitoring are necessary to keep policies aligned with evolving security threats. Inadequate documentation or improper rule prioritization may result in conflicts and vulnerabilities. To overcome this, organizations must invest in trained professionals, automation tools, and consistent auditing practices to ensure firewalls function effectively without compromising usability or security.

  • Cost and Resource Requirements

While basic firewalls are affordable, advanced solutions like next-generation firewalls (NGFWs) come with high costs for acquisition, deployment, and maintenance. Additionally, they require powerful hardware, constant updates, and skilled IT staff for monitoring. Smaller organizations often struggle with these expenses, making them more vulnerable to cyberattacks. Furthermore, as threats evolve, firewalls need regular upgrades, which add to long-term costs. Cloud-based firewalls may reduce infrastructure expenses but still involve subscription fees. Balancing cost-effectiveness and strong security remains a major challenge, especially for businesses with limited budgets that cannot afford enterprise-grade firewall solutions with advanced threat protection.

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