Globig recently had the opportunity to attend an Intellectual Property Protection and Enforcement Abroad panel hosted by the World Trade Center Denver. United States Patent and Trademark Office (USPTO) Attachés flew in from around the world to discuss intellectual property protection and enforcement in their specific regions. The USPTO Attaché Program aims to promote US government IP policy throughout the world and to help US businesses entering new markets and doing business abroad. The USPTO offers assistance to businesses with their IP abroad through numerous resources and a vast global network of IP experts.
This article will explain current hot topics in intellectual property, upcoming legislation around the world, and some of the key insights and advice from the panel. Further information and resources are included below.
The Attachés described current trends and updates in IP policy and legislation around the world. Each Attaché also offered actionable advice on how businesses can protect and enforce their IP rights abroad. Although they gave regional advice, the resounding theme was hire local counsel and representatives, file early, and vigilantly enforce your IP rights.
Local counsel will be more familiar with laws and processes and can be more active and effective in the enforcement of your IP rights. Many countries, with the big exception being the United States, have a first-to-file rule that you need to be aware of and understand. A first-to-file rule means that IP rights go to the company or individual that files for the IP protection first, regardless of first use. This rule is the reason why it’s important to file early, which often means before you conduct any business abroad or even if you only manufacture in that country. It is easier to enforce your IP rights if you detect and confront infringers early on. Large companies generally have an IP enforcement team that monitors, investigates, and handles IP infringements. Although SMEs are not usually in a position to have an IP enforcement team, it is important to have an enforcement mechanism in place when feasible. This could be a local representative.
China
Because the Chinese IP system is so different from the US, and much of the rest of the world, it is vitally important to do your homework and develop a comprehensive strategy for filing, monitoring, investigating, and enforcing your IP rights. China has a big bad faith filer/squatting problem. It is important to file for a trademark early and defensively, even if you are just manufacturing in China. If you file a trademark in the US, there’s a good chance someone in China is monitoring US filings and will file for your trademark in China soon thereafter. This is where defensive filing plays an important role in your IP strategy.
The Chinese IP filing system is slow because of the sheer number of filings, which is exacerbated by the the huge number of bad faith filings. The Chinese IP system favors local and large companies to foreign SMEs. If there is any dispute, foreign companies will likely lose out. Keep in mind, China is a big market, so be optimistic. The complications and disputes that arise are often minor compared to the business opportunities you have in China.
European Union
The EU is often seen as the safe export market for US companies, and vice versa, because of its high IP protection standards. The EU is currently seeing a once-in-a-generation legislation overhaul, which includes IP standards and processes. New trade secrets legislation recently passed, and the EU is working on its single digital market strategy and the Unitary Patent System and Court.
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India
Intellectual property rights have not been a priority for years in India and the Indian government still resists IP legislation. However, dialogue with the Indian government and public awareness of IP rights is increasing today. Like, China, it is important to file early and defensively in India.
Mexico
Mexico has good IP legislation in place, but enforcement has been a problem. Mexico recently passed a trademark opposition system that suspends an application during the opposition process, which is controversial and may see an appeal and change in the near future. It is important to monitor your local counsel closely in Mexico and focus on IP enforcement through customs.
Middle East and North Africa
Middle Eastern and North African IP systems are all very different, so it is imperative you do your homework to come up with the most appropriate IP strategy for your company. Because many Middle Eastern countries are trying to get away from or reduce their reliance on the oil industry, governments are pushing entrepreneurship. This push for entrepreneurs and new business means new legislation, including IP updates. Enforcement is the biggest problem in this part of the world. Culture plays a big role in policy, including IP policy. For example, Dubai and Saudi Arabia have very different views of IP rights because Dubai’s culture, government, and policies are influenced by and more closely match western laws and culture, while Saudi Arabia follows Sharia law.
Because IP is such an important part of business, all global businesses should have a comprehensive IP strategy in place, which includes the monitoring of legislative updates and changes. The USPTO is a great place to go for basic information, educational resources, and expert help for your IP rights here and abroad. Furthermore, the USPTO hosts educational opportunities, similar to this panel hosted by the WTC Denver, throughout the world.
IP and Business Resources
United States Patent and Trademark Office
USPTO Attaché Program: Includes contact information for each Attaché and regional resources
Special 301 Report: Yearly Congressionally mandated report on IP rights protection and enforcement
World Trade Center Denver: The World Trade Center Denver is a great resource for businesses in the Rocky Mountain region. The WTC Denver provides members with business education and resources, and a vast global network. The WTC Denver hosts over 100 educational and business networking events throughout the year.
About Globig:
If you have international offices with employees, and business teams focused on foreign markets, Globig is a must for saving valuable time and money, and for managing risk.
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