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Understanding the Emerging Market

Why IP is important in emerging markets?

What is a patent?

  • Allows registration with Custom Authorities
  • Fast track regulatory process
  • Most emerging markets have a first-to-file system for Trademarks
    • Brazil, Chile, China, Czech Republic, Hungary, Mexico, Peru, Philippines, Poland and Russia
  • Designs – protect the exterior shape and design or product
  • Low cost, quick and in some countries only effective way to protect appearance

 

Understanding the barriers?

  • Local Insight – understand the local needs, values, religion, culture and economics
  • Language – it is not just about translation
    • Slang
    • Transliteration
    • Context
  • Legal/Political Landscape
  • What is patentable subject matter?

 

Not getting it right

Pepsi – when it went into China it used the slogan used in the US – “Come Alive”, but the slogan translated as “Pepsi brings your ancestors back from the dead!”
KFC – when they opened in China “finger lickin’ good” translated to “eat your fingers off”
Coca Cola – phonetic translation it launched with in China in 1920 meant “bite the wax tadpole”
Procter & Gamble – typical packaging has an image of a stork delivering a baby – in Japan the story goes that giant floating peaches bring babies to their parents
Pepsodent tried to sell its toothpaste in South East Asia by advertising it whitens your teeth – they found out that the locals chew bezel nuts to blacken their teeth as this is viewed as attractive
The “internationally recognized” symbol for fragile – but African port staff saw it on boxes and assumed it meant the boxes contained broken glass and threw them into the sea
Thailand – an ad for glasses showed cute animals wearing a variety of glasses. The ad was not well received as animals are considered a low life form and no Thai would wear anything worn by animals
American medical containers were distributed in Great Britain and caused a stir with the instructions “Take off top and push in bottom”

Want to find out more about the Emerging Markets?

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Disclamer: This document is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Pure Ideas for advice before taking any action in reliance on it.

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