When we hear the term Intellectual Property (IP), the first things that usually come to mind are music, movies, or books. However, IP actually encompasses much broader categories—including Trademarks, Patents, Industrial Designs, and Copyrights. Interestingly, all these types of IP can be found in just one simple object: a pair of shoes.
Yes, the shoes you buy and wear can hold much more value than comfort and style. Behind their cool and functional designs lie various high-value intellectual property elements. Let’s explore each of them!
- Trademark: More than Just a Name
A Trademark is not merely the brand name displayed on a shoe’s tongue or packaging. In the world of Intellectual Property, a Trademark can also cover distinctive visual elements such as logos, unique lines, shapes, or even colors strongly associated with the product identity. Examples:- The iconic stripes on Onitsuka Tiger (ASICS) shoes are recognizable even from their silhouettes alone.
- The distinctive yellow stitching on Dr. Martens shoes reinforces functionality and highlights the product’s identity. All these elements can be registered as Trademarks, providing legal protection against imitation or misuse by third parties.
- Patent: Protecting Technological Innovations
In the modern footwear industry, technological innovation is crucial for staying competitive. Innovations such as air-cushioned soles for maximum comfort (like Nike Air), energy-absorbing and returning materials, and stain-resistant yet comfortable synthetic fabrics can all be protected by Patents—provided they meet certain criteria: novelty, inventiveness, and industrial applicability. Patent protection allows shoe manufacturers to safeguard their technological edge and opens lucrative licensing opportunities. - Industrial Designs: Protected Aesthetics
The visual appearance of a shoe, including overall shape, curves, unique silhouettes, and distinctive ornaments, can be protected as an Industrial Design. This is particularly important for iconic-looking products, even if their function remains unchanged. Industrial Design protection provides exclusive rights for 10 years. Unlike Trademark protection, this period cannot be extended, making it crucial to maximize commercialization within those initial 10 years.Moreover, even aesthetically appealing and unique shoe boxes can be registered as Industrial Designs. If you notice shoe packaging that feels premium or “Instagrammable,” it’s likely the result of a clever design strategy aimed at legally maximizing profit.
- Copyright: Artistic Works on Shoes
Shoes are not only functional items but also canvases for artistic expression. Images, illustrations, or artistic motifs featured on shoe surfaces—whether on the upper part, tongue, or inner sole—are protected by Copyright. Graphic designs on shoe packaging, labels, and booklets inside the boxes are similarly protected.Copyright protection arises automatically upon creation of the work and does not require registration, although it is recommended to officially record it as stronger legal proof.
Complex Yet Profitable
Considering that a single pair of shoes can encompass:
- Trademark (names, logos, unique shapes);
- Patent (technological innovations and materials);
- Industrial Design (visual appearance and packaging); and
- Copyright (artistic elements),
it becomes clear that shoes are more than mere products; they are bundles of highly valuable Intellectual Property.
Mastering and managing Intellectual Property is not only about legal protection but also a strategic business move. Many large companies succeed not by selling products alone, but by monetizing their IP. Hence, understanding Intellectual Property can be your first step towards achieving genuine “wealth.”
If you have an idea for shoe designs or new material innovations, don’t underestimate it. You might be uncovering a goldmine of Intellectual Property, and we’re here to help ensure this wealth is properly registered and maximally protected, safeguarding it from misuse by irresponsible parties.
Should you need more information regarding Intellectual Property registration and protection in Indonesia or internationally, please do not hesitate to contact us at [email protected].