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HOW CAN I PROTECT MY BUSINESS FROM IP THEFT?The first step in protecting your business from IP theft is to protect your IP – both in the United States and in other countries where you do business and source products. Most IP rights are territorial, meaning, for example, a U.S. patent or trademark only provides protection in the United States. To receive IP protection in other countries, one needs to apply for protection in those countries. DO I NEED TO FILE FOR PROTECTION OVERSEAS?If you plan on selling or distributing or sourcing your products abroad, you should consider registering or filing with each country’s intellectual property authorities. Filing for protection may not be appropriate for every business. The circumstances for determining what type of IP protection is best for your business may be complicated and differ for each individual business. Furthermore, international protection can be costly. Some issues to consider when making this decision are:
It is important for businesses to keep in mind that certain actions may bar certain types of protection, so the earlier a business considers IP protection, the better. If a business is interested in seeking patent protection in many countries, it may be beneficial to consider the Patent Cooperation Treaty (PCT), which is an international filing mechanism that permits an applicant to file a single patent application that acts as if an application was filed in 126 different countries; however, examination under the PCT must be requested by the business in each individual country in order to be granted a patent in that country (with limited exceptions). Also, if a business is interested in seeking trademark protection in a number of countries, it may be beneficial to consider filing an application under the Madrid Protocol, which offers one-stop-shopping for seeking trademark protection in more than one Member country. |
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