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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

Stop Trade in Fakes!

Helping Businesses Protect Their Intellectual Property

why care
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
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
Patents
  • Protects a new and useful process, machine, article of manufacture, industrial design
  • Criteria:
    • Novelty, Usefulness, Non-obviousness
  • Territorial
trademarks
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
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
Discussing IPR
  • Whether to obtain IP protection is a business decision
  • When to consider:
    • Prior to new product development
    • Prior to exportation
discussing ipr8
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 ipr9
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 ipr10
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
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
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
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
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
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 china16
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/
other steps to consider
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
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 business19
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 business20
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 business21
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 business22
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
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