18
Feb

What Is The Process For Registering Intellectual Property In Foreign countries?

                           

Generally, each country has enacted its own laws regarding intellectual property. For example, a U.S. trademark is only protected within the United States. However, there are treaties signed by multiple countries that make it easier to register intellectual property in the signatory countries. For example, the Patent Cooperation Treaty (PCT) is signed by 151 countries. Also, the Madrid Protocol serves a similar purpose for trademarks as the PCT does for patents. While copyrights are protected works of authorship with protection beginning as soon as the work is created, the Berne Convention is a treaty that has all signatory countries recognize the copyrights of authors within other signatory countries.

The Patent Cooperation Treaty, signed by approximately a hundred and fifty countries, is perhaps the easiest way for intellectual property owners to file patents abroad. A list of countries that are part of the Patent Cooperation Treaty may be found here.[1]The advantage of the Patent Cooperation Treaty is one application filed in a signatory country can be forwarded to the rest.[2]This way, one files a patent in the home country meeting the domestic requirements.[3]After which, one may file an international application to a Receiving Office.[4]The International Search Authority will conduct an international prior art search report along with a written opinion regarding the patentability of the intellectual property.[5]Within eighteen months of the filing date, the patent application is published and will preclude any subsequent application for a similar patent.[6]Once the patent is published internationally, the intellectual property owner may receive patent protection in each signatory country.[7]Each country will approve or deny the application based on its own domestic laws.[8]

The process for registering trademarks under the Madrid Protocol is similar to that of the patent process.[9]A list of countries participating in the Madrid System may be identified.[10]An intellectual property owner will register the trademark within the home signatory country.[11]After approval in the domestic country, the intellectual property may file an international application.[12]In the international application, the intellectual property owner will choose the countries in which the intellectual property owner wishes to receive protection and must pay the national filing feels with each country applied to.[13]Finally, the World Intellectual Property Organization will review the international application and forward it to all countries where each will approve or deny the application.[14]

The process for registering copyrights internationally varies from the process for registering patents and trademarks because copyrights do not generally need registration to be 

effective.[15]Copyrights are to protect works of authorship and go into effect whenever the work is created.[16]The Berne Convention allows all copyrights created in one signatory country to be automatically protected in every other signatory country.[17]A list of the one hundred and seventy-six countries covered by the Berne Convention can be found here.[18]As a result, if one creates a copyright, that copyright will more likely than not be protected automatically internationally. 


In conclusion, if one wishes to do business in a country internationally, it is advised to ensure that one’s intellectual property is protected. After ensuring one’s intellectual property is protected in the domestic country, the first step is to check to see the county one wishes to do business in has signed one of the intellectual property treaties. If the international and domestic country are both signatory countries, then one may easily register the intellectual property abroad. If the domestic or intentional country is not a signatory of one of the intellectual property treaties, then that person must register the intellectual property separately within the international country according to its national laws. 


[1]The PCT now has 152 Contracting States,World Intellectual Property ORGANIZATION, https://www.wipo.int/pct/en/pct_contracting_states.html, (last accessed Jan 30, 2019).

[2]Stephen Schlett, How to Register International Intellectual Property, lawtrades, (Jan 31, 2017), https://www.lawtrades.com/blog/blog-post/how-to-register-international-intellectual-property/.

[3]Id. 

[4]Id.

[5]Id.

[6]Id. 

[7]Id.

[8]Id.

[9]Id.

[10]WIPO-Administered Treaties,World Intellectual Property ORGANIZATION, https://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=8, (last accessed Jan 30, 2019).

[11]Stephen Schlett, How to Register International Intellectual Property, lawtrades, (Jan 31, 2017), https://www.lawtrades.com/blog/blog-post/how-to-register-international-intellectual-property/.

[12]Id.

[13]Id. 

[14]Id.

[15]Id.

[16]Id.

[17]Id.

[18]WIPO-Administered Treaties,World Intellectual Property ORGANIZATION, https://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=8, (last accessed Jan 30, 2019).

15
Aug

Thinking Globally: Key Trends in International Business

international

Does your business have a global vision? Whether you are looking to form strategic corporate relationships overseas or cultivate an international audience for your products, it is key to stay aware of the relevant trends and changes across the world. With increased connectivity, your competitors are not only local, but also global. Information travels quickly and can be require significant review to parse through and determine what your business truly needs. A qualified international corporate attorney can help you evaluate your business priorities; whether you are based in Gainesville, London, Cleveland, Austin or Zurich, legal counsel can help ensure you are prepared for global competition. Additionally, staying aware of trends can help prepare you for your business’s next steps. Read below for three key trends that every business owner needs to know.

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9
Jul

Brexit and Your Business: The Domino Effect

How Brexit May Affect Your Company
brexit
Two years have passed since Britain voted to leave the European Union (EU), and it is creating an uncertain atmosphere in the EU as well as around the world. While a majority of the document has been agreed to by both parties, some major sections are still uncertain, which is drastically reducing the amount of investments made in the UK. The British government wishes to keep visa-free travel with other countries of the EU, yet whether this is reciprocated is unclear.
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24
May

Decoding the General Data Protection Regulation (GDPR)

Key Aspects of the General Data Protection RegulationFinal

What is it?

On May 25th, 2018, a new law concerning privacy and data protection will come into effect in the European Union. The Guardian calls it the “biggest personal data shake-up since 1995.” The GDPR updates the 1995 European Union Data Protection Directive to apply to the advances in technology that many consumers rely on today. Overall, the legislation requires companies to adopt greater transparency when handling individual data. It also transfers much of the decision-making power from the companies to the consumers.

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9
Jun

Top Places to Locate a Vendor

Top Places to Locate a Vendor or Business Client.

Top Places to Locate a Vendor or Business Client.

If you have recently started a business or are in the process of growing it, it is likely that you are looking for additional businesses and organizations in which to work with and from which to purchase goods. With over 300,000 wholesale distributors in the United States, the question arises, “Where are the best places to look for additional business?”

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10
May

3 Reasons Having An Attorney Is Always Better than Using Online Contracts

There is a serious confidence that comes from having sound legal counsel for your business legal matters. This piece of mind cannot be replaced.

Bizman Reading

Three main reasons legal counsel will always outperform online templates are as follows:

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18
Mar

Businesses Should Be On Guard for Phishing Scams

Phishing

Email phishing has become a widespread problem throughout the cyber world. Almost everyone is vulnerable to phishing. Phishing occurs when a fraudulent email appears to originate from a legitimate business. The business is usually a well-known organization that a person regularly conducts business with such as a financial institution, internet provider, or any other similar organizations. There is usually a link in the email that directs you to another website that is a sham. These sites will ask for personal information about you to allegedly verify your identity but in reality they are deceiving you into divulging this information so that they may commit identity theft.

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4
Mar

FBI vs. Apple

                                                                                            FBI               

As the accuracy and precision of technology improves, tech companies struggle to answer unavoidable and complex questions. Whether they want to or not, companies face the challenge to find a balance between the privacy rights of individual users and the national security interest of the entire public. This is most clearly demonstrated in the current stand-off between the federal bureau of investigation (FBI) and leading tech company, Apple, due to Apple’s encryption software.

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24
Feb

Why Are Oil Prices Falling?

image
Over the last four years, oil prices had remained constant. However, in the last seven months prices per barrel have dropped considerably. In 2010, a barrel of crude sold at approximately $110 dollars per barrel, whereas in 2014 the price per barrel dropped to below $50 a barrel. This drop can be attributed to several different reasons. The US is increasing production of crude oil, and the slowing economic growth in several countries which has reduced demand, especially China. Currently, US oil production is at the highest levels it has been at in 30 years. In addition, the recently lifted sanctions on Iran have been lifted and it will begin producing oil as well adding to an already flooded supply. These reasons coupled with the fact that Saudi Arabia’s Oil Minister, Ali al-Naimi, has declared that The Organization of the Petroleum Exporting Countries (OPEC) will not be reducing production regardless of how low the price per barrel may fall, has also had an affect. These falling prices will have a major impact on business and the economy in a number of ways.
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17
Feb

What is the Effect of Lifting the Trade Embargo on Cuba?

Cuba

The story of Cuba and the United States is headed for yet another historic chapter in its history. When President Barack Obama gave his final State of the Union Address on January 12, 2016, he announced his plans to lift the 50-year embargo on Cuba. President Obama has worked to improve relations with Cuba since December 2014. On January 27, 2016, new regulations that expanded the list of exports to Cuba were issued by the Office of Foreign Assets Controls (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS). In addition, there were also amendments to how U.S. entities can finance its exports to Cuba, air carrier services, and travel to the island.  These are part of the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR).

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