Intellectual property refers to a broad collection of rights relating to works of authorship which are protected under copyright law; inventions, which are protected under patent law; marks, which are protected by trademark law; and designs and trade secrets. Various countries’ laws regarding intellectual property differ in significant respects. Intellectual property rights granted in the U.S. extend only throughout the United States and its territories and possessions. They confer to protection on your company’s product in a foreign country. There is no such thing as an international patent, trademark, or copyright. There is no real shortcut to worldwide protection of intellectual property, however some advantages and minimum standards for the protection and enforcement of intellectual property exist under treaties or other international agreements.
STOP!
Developed in 2004, the Strategy Targeting Organized Piracy (STOP!) is the most comprehensive initiative yet advanced to help small businesses secure and enforce their rights in overseas markets. The initiative established a hotline (866-999-4258) that provides a “one-stop” shop for businesses wanting to protect their intellectual property at home and abroad. STOP! Also educates small businesses on best practices and the risks of global piracy and counterfeiting to help them protect their rights.
The Paris Convention for
the Protection of Industrial Property
The oldest treaty relating to patents, trademarks, and unfair competition is the Paris Convention for the Protection of Industrial Property. The United States and more than 160 other countries are parties to this treaty. The Paris Convention sets minimum standards of protection and provides two important benefits: the right of national treatment and the right of priority.
In a general sense, national treatment means that a Paris Convention country will not discriminate against nationals of another Paris Convention country in granting patent or trademark protection. The rights provided by a foreign country may be greater or less than those provided under U.S. law, but the rights given will be the same as that country provides to its own citizens.
The Paris Convention’s right of priority establishes an alternative to filing intellectual property applications in many countries simultaneously. It allows the applicant one year from the date of the first application filed in a Paris Convention country (six months for a design or trademark) in which to file in other countries. Publication or sale of an invention, or use of a mark, after first filing will therefore not jeopardize patentability in countries that grant a right of priority to U.S. applicants as long as they submit an application before the end of the priority period.
Other
International Agreements
Not all countries adhere to the Paris Convention, but similar benefits may be available under another treaty or bilateral agreement. These substantive obligations have been incorporated into the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and must be adhered to by WTO members.
The United States is also a party to the Patent Cooperation Treaty (PCT), which provides procedures for filing patent applications in its member countries. The PCT allows you to file one international application that designates member countries in which a patent is sought. Filing the international application extends the period in which you have to fulfill the national requirements for each country by 18 months. This additional time can be very useful for evaluating the chances of obtaining patents and of exploiting your invention commercially in various designated countries. It is also useful for assessing both the technical value of your invention and the continued need for protection in those countries.
The international copyright regulations that the United States abides by are governed principally by the Berne Convention for the Protection of Literary and Artistic Works, to which about 160 other nations adhere. The United States is also a member of the Universal Copyright Convention (UCC) and has special bilateral relations with a number of foreign countries. Under the Berne Convention, works created by a national of a Berne Union country or works first or simultaneously published in a Berne country are automatically eligible for protection in every other country of the Berne Union, without registration or compliance with any other formality of law.