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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

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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

    • Lack financial resources

    • Liability hazards


What is Intellectual Property?

  • Intellectual Property Rights (IPR) are Private Rights

    • Legal protection for an investment

    • Protection provided under national legislation and international agreements


Patents

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

  • Criteria:

    • Novelty, Usefulness, Non-obviousness

  • Territorial


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


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


Discussing IPR

  • Whether to obtain IP protection is a business decision

  • When to consider:

    • Prior to new product development

    • Prior to exportation


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?


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?


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


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

Apply for a Patent or register a trademark:

Register a copyright:


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


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/


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


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


Helping your business Enforce their IPR in China

  • One-hour consultation

  • [email protected]

  • 202-662-1034

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


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


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


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


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


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


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.


THANK YOU!

Cassie Peters

International Trade Specialist

Intellectual Property Rights

Market Access and Compliance

U.S. Department of Commerce

[email protected]

(202) 482-6276


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