The Importance of Protecting Your Intellectual Property in Foreign Countries

The Importance of Protecting Your Intellectual Property in Foreign Countries

Companies often neglect to consider how important it is to protect their intellectual property overseas. Even some of those business-savvy industry giants mistakenly overlook this critical aspect of brand growth and protection.  Apple and New Balance have been two of the world famous players that have been subject to accusations of infringement and other lawsuits. Check out these articles:

Apple’s iPad trademark dispute in China

Court upholds infringement suit against New Balance 

Unlike the US, many foreign countries do not require that the owner of a trademark actually use the mark, so it is at times possible for anyone to apply for and register a mark and then bar the rightful owner from using it as illustrated in the cases cited above.

So, while you may not be selling or using your product or service in a foreign country now, it may be smart and important to obtain IP protection in some other countries depending on the type of product or service you offer, or based on your potential plans for the brand in the future in a foreign country.  Foreign trademarks are also particularly important when you are manufacturing your products in a foreign country. Having a trademark in a foreign country allows you to produce the item there and then export it without the fear that another may obtain a local trademark registration and bar you from exporting the product. Not only that, they may be able to prevent the manufacturer from producing it.

To that end, there are various ways to seek extension of protection of your US trademark to other countries. One way is via the USPTO through the Madrid Protocol.  This method enables you to handle a foreign application in member countries without the need of a foreign attorney.  

As with trademarks, patents should be considered in your foreign and overall IP plan if you hold one in the US. In most countries a US patent may act as prior art and bar another from obtaining a patent in a foreign country, but it will not provide you protection in those foreign countries.  Obtaining a patent in a foreign country will allow you to stop the infringement at the source before it makes its way to the US or any of your other markets.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.

Law Office of Jason H. Rosenblum, PLLC © 2016 All rights reserved.

 

4 Comments
  • air jordan 8 doernbecher
    Posted at 10:32h, 23 December Reply

    air jordan 8 doernbecher

    I’ve loaded your blog in Three different browsers and I must say this blog loads a lot faster then most. Would you mind contacting me the name of your hosting company? My personal e-mail is: %EMAIL%. I’ll even sign up through your affiliate link if y…

  • jordan 5 gs
    Posted at 16:30h, 25 December Reply

    jordan 5 gs

    Les Wytham Noirlaquo Blanche Noirnbsp BlancheOn Court Noiramp Blanche Off Court Noirnbsp Blanche Noirraquo Blanche ( homme pas cher homme pas cher Blanche Noir ) seront disponibles le samedi femme pas cher mai chez Hanon.

  • new balance 991 milano
    Posted at 08:41h, 26 December Reply

    new balance 991 milano

    This design is spectacular! You definitely know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really enjoyed what you had to say, and more than that, how you p…

  • f50 adizero noir
    Posted at 22:39h, 27 December Reply

    f50 adizero noir

    I’m truly enjoying the design and layout of your site. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Superb work!

Post A Comment