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Stop Trade in Fakes!






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Stop Trade in Fakes! Helping Businesses Protect Their Intellectual Property Why care? Counterfeiting accounts for 5% -7% of global merchandise trade, lost sales of $600 billion in 2005 Small business is especially vulnerable: Lack other product lines to fall back on
Stop Trade in Fakes!

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Slide 1

Stop Trade in Fakes!

Helping Businesses Protect Their Intellectual Property

Slide 2

Why care?

  • Counterfeiting accounts for 5% -7% of global merchandise trade, lost sales of $600 billion in 2005

  • Small business is especially vulnerable:

    • Lack other product lines to fall back on

    • Lack financial resources

    • Liability hazards

Slide 3

What is Intellectual Property?

  • Intellectual Property Rights (IPR) are Private Rights

    • Legal protection for an investment

    • Protection provided under national legislation and international agreements

Slide 4

Patents

  • Protects a new and useful process, machine, article of manufacture, industrial design

  • Criteria:

    • Novelty, Usefulness, Non-obviousness

  • Territorial

Slide 5

Trademarks

  • A trademark or service mark is a word, phrase, symbol, or design or combo of these things that identifies and distinguishes one source of goods from others

  • Territorial

Slide 6

Copyrights

  • A Copyright is a form of protection provided under US law to the authors of “original works of artistry”

  • Copyright is available for all works at the point that the work is in any tangible form

  • BUT: there may still be reasons to register with the U.S. Copyright Office

Slide 7

Discussing IPR

  • Whether to obtain IP protection is a business decision

  • When to consider:

    • Prior to new product development

    • Prior to exportation

Slide 8

Discussing IPR

  • Discuss the business decision: How important is IP to your business model?

    • Can your goods or services be copied or imitated?

    • How could counterfeiting, piracy, or infringement affect your business?

Slide 9

Discussing IPR

  • What is the risk that you could be the victim of infringement, counterfeiting, or piracy?

    • Do you plan to export goods/services overseas?

    • Do you plan to manufacture overseas?

    • Do you plan to purchase supplies overseas?

    • Do you attend international trade shows?

    • Do you sell via the internet?

Slide 10

Discussing IPR

  • Where to consider IP?

    • IP rights are territorial

      • Consider IP in countries where companies wish to produce, sell, or market their products now and in the future

    • What is the IP climate of the countries where you intend to do business?

      • Special 301 Report

      • National Trade Estimate

Slide 11

Helping your business obtain IPR Protection in the U.S.

Apply for a Patent or register a trademark:

Register a copyright:

Slide 12

Helping your business obtain IPR Protection Abroad

  • Register in current and potential markets.

    • http://www.wipo.int/portal/index.html.en

  • International registration:

    • Madrid Protocol for trademarks

    • The Patent Cooperation Treaty

  • Resources:

    • www.stopfakes.gov

    • Toolkits: China, Korea, Taiwan, Mexico, Russia

Slide 13

Helping your business enforce their IPR at Home

  • Record trademarks and copyrights with U.S. Customs and Border Protection

    http://www.cbp.gov/xp/cgov/import/commercial_enforcement/ipr/ipr_enforcement/

  • Suggest your client speak with an attorney regarding a civil or administrative action for relief for known infringements

  • Section 337 Exclusion Order

  • Alert U.S. authorities of infringements that are large scale or for criminal purposes

    http://www.ice.gov/graphics/cornerstone/ipr/

Slide 14

Helping your business Enforce their IPR Abroad

  • Right holder has responsibility

  • Commerce can provide guidance

    • www.export.gov/

    • IP experts can suggest strategies to evaluate IPR problems

    • 1-866-999-HALT

    • www.stopfakes.gov

Slide 15

Helping your business Enforce their IPR in China

  • 3 R’s: Register, Record, Remedies

  • USG can help:

    • Companies navigate through China’s legal system

    • Provide list of attorneys and/or consulting firms

    • Monitor and inquire about case status

      Resource: China IPR Toolkit

Slide 16

Helping your business Enforce their IPR in China

  • One-hour consultation

  • introl@staff.abanet.org

  • 202-662-1034

  • ELAN: http://www.export-legal-assistance.org/

Slide 17

Other Steps to Consider

  • Work with legal counsel to develop an overall IPR protection strategy

  • Develop detailed IPR language for licensing and subcontracting contracts

  • Conduct due diligence of potential foreign partners

Slide 18

Resources to Assist Your Business

  • STOP! Strategy Targeting Organized Piracy

  • www.stopfakes.gov

  • 1-866-999-HALT

    • Speak to trade specialist about company problems

    • File a complaint

    • Request assistance

  • www.uspto.gov

Slide 19

Resources to Assist Your Business

  • USPTO Seminars

    • February 27-28: San Diego, California

    • March 2-3: Atlanta, Georgia (China seminar)

    • March 27-28: Northern Virginia

    • May 15-16: Columbus, Ohio

  • Speakers for workshops, roundtables

Slide 20

Resources to Assist your Business

  • International Trade Show Initiative

    • Raise Awareness of IPR

      • Outreach and Education

    • Support IPR Protection

      • Enlist organizer support

      • Benchmark best practices

    • Encourage organizers & exhibitors

    • Take care of our own backyard

Slide 21

Resources to Assist Your Business

  • Trade Compliance Center/ Office of IPR:

    Ensuring companies benefit from U.S. trade agreements

    • Our objectives are to:

      • Ensure that foreign countries comply

        with their trade commitments

      • Help American firms facing foreign trade

        barriers and unfair trade practices

      • Inform American firms about their rights

    • www.export.gov/tcc

Slide 22

Resources to Assist your Business

  • Helping Companies Fight Back, Case by Case

    • Identify unfair treatment

    • Form a compliance team

    • Apply agreement analysis

    • Craft an action plan

    • Work with other government agencies and our embassies if necessary

    • Raise the issue with appropriate authorities to resolve the problem.

Slide 23

THANK YOU!

Cassie Peters

International Trade Specialist

Intellectual Property Rights

Market Access and Compliance

U.S. Department of Commerce

Catherine.Peters@mail.doc.gov

(202) 482-6276


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