CU-SEM-III-MBA-Integrated Marketing Communication-Second Darft-converted

7. Inspirational aeal (arousing hope in a goal by appealing to values, ideals, and aspirations). 8. Consultation (seeking a target's input into the purchase's preparation and evaluation). 14.5 INTELLECTUAL PROPERTY RIGHTS What are intellectual property rights, and what do they entail? A brand, innovation, design, or other form of development to which an individual or company has legal rights is referred to as intellectual property (IP). Almost every company has intellectual property, which can be a valuable asset. Copyright – this protects written or published works like books, songs, films, web content, and artistic works; Patents – this protects commercial inventions like new business products or processes; Designs – this protects designs like drawings or computer models; Trademarks – this protects signs, symbols, logos, words or sounds that distinguish you It is possible to have a registered or unregistered IP address. You automatically have legal rights to your development if your IP is unregistered. Copyright, unregistered design rights, common law trademarks and database rights, proprietary details, and trade secrets are all examples of unregistered IP. You must apply to an authority, such as the Intellectual Property Office in the United Kingdom, to have your rights recognised if you have registered IP. Others will be free to manipulate your inventions if you do not do so. Patents, registered trademarks, and registered design rights are all examples of registered intellectual property. Copyright can also be recorded. International considerations Since 1995, India has been a member of the World Trade Organization (WTO). WTO members are required to have some kind of intellectual property security in their national laws. This means that if you do business with India, you'll see some parallels between local IP law and compliance practises and those in place in the United Kingdom. International considerations Since 1995, India has been a member of the World Trade Organization (WTO). WTO members are required to have some kind of intellectual property security in their national laws. This means that if you do business with India, you'll see some parallels between local IP law and compliance practises and those in place in the United Kingdom. Treaties and reciprocal agreement India is a signatory to the following international intellectual property treaties: 201 CU IDOL SELF LEARNING MATERIAL (SLM)

The Paris Convention states that someone from a signatory state may apply for a patent or trade mark in any other signatory state and will be granted the same compliance rights and status as a national of that country; The Berne Convention – each member state recognises the copyright of writers from other member states in the same way as it recognises the copyright of its own citizens; The Madrid Protocol – under this, an individual can file a single trade mark application at their national office and have it protected in multiple countries; The Patent Cooperation Treaty – This is a central system for filing a single application to obtain a \"bundle\" of national patent applications in various jurisdictions. The Hague Agreement, which allows for the defence of designs in multiple countries through a single filing, is not signed by India. Intellectual property rights – systems in India Copyright The Berne Convention on Copyright is ratified by India. However, registering the copyright can be beneficial in proving ownership in the event of criminal proceedings against infringers. However, in most cases, registration is not required to pursue a copyright infringement claim in India. The Copyright Office accepts registrations in person or through a representative. Since 2016, India's Ministry of Commerce and Industry has been in charge of copyright policy. The Department of Industrial Property and Promotion now manages all IPRs (DIPP). In India, internet piracy of films, music, games, and apps, as well as unauthorised copying of physical books, is a problem. Patents Patent law in India is governed by the Patents Act of 1970, the Patent Rules of 2003, and the Patent Amendment Rules of 2016. Utility model patents are not permitted, as they are in the United Kingdom. The Patent Registrar is the administrative authority for patents and is part of India's Ministry of Commerce and Industry's Controller General of Patents, Designs and Trade Marks. Patents are valid for 20 years from the filing date of the patent, with an annual renewal charge. The ‘first to file' principle governs Indian patent law, which means that if two people apply for a patent on the same invention, the first to file will be granted the patent. Designs 202 CU IDOL SELF LEARNING MATERIAL (SLM)

The Designs Act of 2000 and the Designs Rules of 2001 are the laws that regulate designs. Designs are valid for ten years and can be renewed for another five years. Trade marks The Trade Marks Act of 1999 and the Trade Marks Rules of 2002 and 2017 make up India's trade mark regulations. The Controller General of Patents, Designs, and Trade Marks, which is part of the Department of Industrial Policy and Promotion, is in charge of patent regulation. The police now have more authority to enforce trade mark law, including the right to search premises and seize counterfeit products without a warrant. However, these powers are limited by the requirement that the police obtain the opinion of the Trade Mark Registrar on the mark's registration before taking action. This prolongs the process and can result in the removal or sale of counterfeit products. In India, trade names are also a type of trademark, with protection for those who choose to trade under their own surname despite the existence of other trade names. Because of the common practise of \"cybersquatting,\" which involves third parties registering domain names for well-known brands in order to sell them to the original rights holders, it is advisable for rights holders to register their domain names as trademarks in India as soon as possible. It can take up to two years to complete the registration process. In India, a trade mark is valid for ten years and can be extended indefinitely for another ten years. 14.6 ASCI In India, as in many advanced economies, there is only one body for self-regulation in advertising – the ASCI – which is concerned with safeguarding the interests of consumers while monitoring/guiding the commercial communications of Practitioners in Advertising on behalf of advertisers, for advertisements carried by the Media, in their efforts to influence buying decisions of consumers. The Advertisement Standards Council of India (ASCI), established in 1985, is a voluntary self-regulatory organisation that is registered as a not-for-profit corporation under section 25 of the Indian Companies Act with the aim of ensuring that all advertising is lawful, decent, honest, and truthful, with a sense of social responsibility to the customer and adherence to fair competition laws. 203 CU IDOL SELF LEARNING MATERIAL (SLM)

The ASCI's sponsors, who are also its primary representatives, are well-known companies in India's advertising industry, which includes advertisers, media, advertising agencies, and other specialist or ancillary services related to advertising. The ASCI is not a government agency, and it does not make laws for the general public or related industries. It has implemented a Code of Advertising Self-Regulation. It is a dedication to truthful ads and a level playing field in the marketplace. It stands for the defence of consumers' legitimate interests as well as the legitimate interests of all parties involved in advertising, including marketers, media, ad agencies, and those who assist in the production or placement of advertisements. Three things will start to happen as the Code becomes more widely known and actively observed. i. Fewer false, misleading claims ii. Fewer unfair advertisements iii. Increasing respectability This simply means that an organisation has more flexibility to practise their trade or run their company efficiently. As a member of ASCI, you will influence the direction of Self- Regulation and help to protect safe, meaningful ads. Via the Board of Governors, one will have a say in how the Code is developed and who is appointed to the Consumer Complaints Council in the future (CCC). As a member of the ASCI (which is only open to firms), you may nominate a candidate to carry out your duties as a member, such as running for election to the Board of Governors and voting at general meetings. ASCI encourage members of the public to file complaints about ads they believe are inaccurate, deceptive, insulting, or unreasonable. An independent Consumer Complaints Council evaluates all of these complaints (CCC). Objectives of ASCI: The main objects to be pursued by the Company on its incorporation are: i. To ensure the truthfulness and fairness of representations and statements made by ads, as well as to protect against false advertising, by monitoring, administering, and promoting standards of advertising practises in India. ii. Ensuring that advertising does not offend universally recognised public decency values and principles. 204 CU IDOL SELF LEARNING MATERIAL (SLM)

iii. Preventing the indiscriminate use of ads to promote goods or services that are widely perceived as harmful to society or to individuals, or that are inappropriate to society as a whole. iv. Ensuring that ads adhere to the canons of universally accepted competitive behaviour and are equal in competition. v. To codify, adopt, and change the code of advertising practises in India from time to time, as well as to enforce, administer, encourage, and publicise such a code. vi. To provide facilities and equipment in the form of one or more Consumer Complaints Councils, with such membership and powers as may be prescribed from time to time, to investigate and report on complaints about ads in accordance with the Code of Advertising Practices. vii. To make the Code widely known and to encourage as many people involved in advertising as possible to follow it. viii. To print and publish pamphlets, leaflets, circulars, or other literature or content that may be deemed useful in promoting or carrying out the Company's objectives, and to disseminate it by any means of communication. Consumer Complaints Council: The Board of Governors will nominate a Consumer Complaints Council, which will have a maximum of twenty-one members. Twelve of the 21 participants are from civil society, and nine are from the advertising industry. Within 4 to 6 weeks, the CCC makes a decision on the grievances. The Consumer Complaints Council will review and investigate complaints received from customers and the general public, including Company members, about any violation of the Code of Conduct and/or advertising ethics, and will make recommendations as to what action should be taken. Power of the Consumer Complaints Council: i. The Board of Governors, Consumers, the general public, and Company members all have the right to file complaints with each Council. ii. Each Council shall investigate, investigate, and vote on complaints received within the scope of the Company's Code of Conduct. 205 CU IDOL SELF LEARNING MATERIAL (SLM)

iii. Each Council's decisions must be made by simple majority and in writing, and they must determine the action to be taken in response to the offending advertising. Advertisers, advertising firms, and those involved in the making of commercials, as well as the media, are spread the word about ASCI's Code and a sense of responsibility for its observance. ASCI allow the public to COMPLAIN about advertising with which they are dissatisfied for any cause, and guarantees that each complaint is promptly and objectively considered by an independent committee, the Consumer Complaints Council (CCC), which considers the advertiser's point of view, and that an informed decision is communicated to all parties involved. ASCI use rational persuasion and the influence of popular opinion to ensure that its decisions are followed. The ASCI and its Consumer Complaints Council (CCC) are responsible for responding to consumer and industry complaints about advertisements that are inaccurate, deceptive, indecent, immoral, contribute to unsafe practises, or are unfair to competitors, and thus violate the ASCI code for self-regulation in advertising. If an ad is to be evaluated for its likely impact on the sensibilities of individual television viewers or newspaper readers, it must be communicated to the advertiser the major issues raised in the complaint, in the exact context of the specific ad, as conveyed by the complainant's perception, and the appropriate response must be elicited in the form of comments from the advertises. Only then will the ASCI's CCC be able to meaningfully deliberate on the issues at hand, and reach a rational and impartial decision that will withstand scrutiny from all parties concerned with the right to freedom of speech and the freedom of customers to choose the goods and services made available to them in the marketplace. A clearly readable copy or clipping of the ad under complaint, with full particulars of name and date of publication, or a printout of an ad or promotion on a website, or, in the case of a television commercial (TVC), the channel, date and time of airing, and a description of the contents of the TVC, are required, as well as a hard copy of the complete complaint, preferably signed. In the interests of all those who rely on advertising as a commercial contact, the ASCI collect and handles complaints about advertisements from a wide range of customers, the general public, and industry. This includes individuals, advertising professionals, advertiser 206 CU IDOL SELF LEARNING MATERIAL (SLM)

companies, media, ad agencies, and ancillary services related to advertising. ASCI do not reveal the name of the plaintiff to the advertiser as a matter of policy. Over 80% of such advertisements have been removed or changed accordingly by the advertisers or ad agencies involved in complaints upheld by the CCC in the last year, and the concerned media have also indicated that they would not carry such infringing ads/TVC. ASCI’s Mission: The ASCI's overall mission is to preserve and improve the public's confidence in ads. ASCI want to make sure that ads follow its Code of Self-Regulation, which states that advertisements must be: i. Honest and equitable to customers and rivals. ii. In accordance with universally recognised public decency and propriety principles. iii. Not used indiscriminately to promote goods that are dangerous or harmful to society or to individuals, especially minors, to an extent that society as a whole find unacceptable. Characteristics of ASCI: The codes laid-down by ASCI have following characteristics: 1. Extent of Application: The codes apply to all commercials, regardless of medium. It may be on television, radio, in the movies, or on posters. 2. Code and Consumers: Any ad that misleads customers is prohibited by the code. Untruthful ads containing false facts are not permitted. If such an advertisement is presented, consumers may bring it to ASCI's attention. 3. Aim of Code: The code was developed with the goal of ensuring public safety and protecting them from inaccurate and misleading advertising. 4. Responsibility of Media Owner: Any advertising provided for publication to a media owner must be viewed through the lens of the code. If the user believes that an advertisement violates the code, he may contact ASCI and report it. If ASCI discover a code breach, the media owner is prohibited from publishing the commercial. 5. Ads for Children: Ads aimed at children are also kept under surveillance by the ASCI code. Such advertisements do not include any facts or ideas, whether in illustration or text, that could affect children's moral, physical, or mental well-being. 6. Code and Foreign Ads: Only advertisements published in India may use the ASCI code. It does not refer to ads that appear in international publications. 207 CU IDOL SELF LEARNING MATERIAL (SLM)

7. Identical Ads: The code also stipulates that an advertising must not be a carbon copy of another. In terms of general layout, copy clogs, visual, presentation, audio, and so on, it should not be similar. This restriction is in place to prevent market misunderstanding and misinformation. 14.7 SUMMARY • Advertising plays an important role in increasing consumer demand for a product or service by generating primary demand for it. The field of advertising has come a long way from mission to profession to business. Ethics refers to \"ethical behaviour\" or \"conduct that is appropriate for the society and time span.\" • Promotional tactics that are immoral include puffery or fraudulation, unethical or misleading advertising, offensive or unappealing advertisement. Aside from false and misleading ads, comparative advertising is another unethical trend in advertising. The most contentious aspect of ads is sex, which is more of a social concern than an ethical one. It is often thought that the commercials have degraded the language's integrity. The majority favoured regulation, and key concepts associated with it include self-regulation by advertisers and agencies, self-regulation by trade associations, self-regulation by business, and self-regulation by the media. • The three major participants in the advertising process, advertisers, agencies, and the media, work individually and collectively to encourage truth in advertising. 14.8 KEYWORDS • Unscrupulous: lacking moral principles • Promulgate: make widely known • Obnoxious: very unpleasant • Deception: deceiving; a trick • Bait: an attraction, an inducement 14.9 LEARNING ACTIVITIES You are to take up the issue of ethics in front of a committee and give valid arguments against the following advertisements being put on air: 208 CU IDOL SELF LEARNING MATERIAL (SLM)

a. Fair & Lovely ads portraying that if a woman is not fair in her skin tone, then she faces the problem of getting married. That the girl is luck in finding a match. If she is fair then the boy is lucky. b. Use of children to sell products. Especially the “Chabaza” advertisement. c. Sexual undertones in advertisements. ___________________________________________________________________________ ___________________________________________________________________________ 14.10 UNIT END QUESTIONS A. Descriptive Questions Short Answers 1. Explain briefly the ethics in advertising 2. Throw light on the Social criticism of advertising 3. What do you understand by the term Regulation? 4. Discuss self-regulation Elucidate. 5. Discuss the ethics of untruthful & fraudulent Advertising Long Answers 1. What are the general rules and regulations governing advertising in India. 2. Describe federal regulation of advertising. 3. Describe in detail the British regulation of advertising. 4. Describe the ethics in advertisings and their role in advertising. 5. Write down various consumer organizations in advertising with their modus operandi in their operation area. B. Multiple Choice Questions 209 1. …………………… advertising is used to build selective demand for a brand by convincing consumers that it offers the best quality for their money. a. Informative b. Persuasive CU IDOL SELF LEARNING MATERIAL (SLM)

c. Comparative d. Reminder 2. When a company launches a new product in the market, it uses …………………… advertising. a. Informative b. Persuasive c. Comparative d. Reminder 3. Which of these is not a stage in the Hierarchy of Effects Model? a. Awareness b. Knowledge c. Perception d. Preference 4. …………………… method of setting advertising budget helps management to think about the relationships between promotion spending, selling price, and profit per unit. a. Affordable b. Percentage of sales c. Competitive parity d. Objective and task 5. The creative message or the concept in advertising is commonly referred to as the 210 ……………………. a. Great idea b. Superb idea CU IDOL SELF LEARNING MATERIAL (SLM)

c. Brilliant concept d. Big idea Answers 1 - b, 2 – a, 3 - c, 4 – b, 5 - d 14.11 REFERENCES • Advertising Management, Jayshree Jethwaney & Shruti Jain, Oxford University Press • Advertising & Promotions: An IMC perspective, Kruti Shah and Alan D’Souza, Tata McGraw Hill • Advertising Management, Aakar, Batra and Myers, Prentice • Advertising & Promotions, S H Kazmi and Satish K Batra, Excel • Advertising; Principles and Practice, Wells, Moriarty and Burnett, Pearson • Advertising & Promotion: An IMC approach, Terence A. Shimp Pub., Cengage Learning 211 CU IDOL SELF LEARNING MATERIAL (SLM)