A Look Inside the Apple Watch: Intellectual Property Rights and Future Legal Battles

Abstract

It is not just a watch. It is a masterpiece of intellectual property (IP) rights. It is not just a revolutionary product. It is the next chapter in Apple Inc.’s story.Apple believes in technology designed for the wrist (such as a smartwatch), but also in a strong design patent protection strategy. To protect this wearable, as a result of their investment, Apple applied for and received several design patents. Every detail is protected: the drawer where the watches are shown, the bracelet, the “slide-in” interchangeable strap system mechanism, the digital crown, the display, the charger, the retail box, etc. Future innovations will however continue to copy this kind of consumer products and challenge the Courts.In this context, developing and/or acquiring intellectual property rights may create a solid foundation for growth and success. Indeed, a winning exploitation of IP assets, including but not limited to know-how, patents, trademarks, aligned with your passion for innovation and your business strategy, may contribute to increase protection and enforcement measures against infringers and competitors.This Note examines how a maker of wearable devices, such as Apple, can use different forms of intellectual property rights in Europe, China, and the United States, as well as other intangible assets, to protect a business product.