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Guide to Protecting Your Intellectual Property Outside the U.S.
Registering your patent, trademark or copyright stateside isn't enough- Copyright (music or written materials).
- Trademark (a company's signature brand).
- Patent (an invention).
Action Steps
The best contacts and resources to help you get it done
Get copyright protection
Anything 'authored' is protected by copyright: music, lyrics, poetry, books – even email messages. Be sure to formally register your copyright in both the U.S. and any country in which you do business.
I recommend:
Use the Directory of Intellectual Property Offices worldwide from The World Intellectual Property Organization (WIPO).
Get trademark protection
A trademark (brand name) is an identifying word, symbol, name, or device that uniquely identifies your company. As with copyright, after registering your trademark with the U.S., make sure to register in any other countries in which you do business. Seeking legal counsel skilled in working with foreign attorneys is a good idea.
I recommend:
You may register trademarks through WIPO either by printable forms or electronically. Search Findlaw and the American Bar Assciation Web sites for intellectual property or trademark attorneys.
Get patent protection
Patents grant certain exclusive rights to the owner of an invention. The Patent Cooperation Treaty (PCT) allows owners to register for patent protection with over 100 countries by filing a single application.
I recommend:
Call the U.S. Patent and Trademark Office PCT Help Desk for assistance in registering your U.S. patent overseas. Patent attorneys are specifically qualified to address patent issues (including taking an additional patent law bar exam) – search for one in Findlaw's Patent Lawyer directory.
Get help if you suspect infringement
If you think someone in a jurisdiction outside the U.S. has used your work without permission, consulting an intellectual property attorney with knowledge of overseas IP issues is your best bet.
I recommend:
WIPO has a helpful Arbitration and Mediation Center. Australian IP law firm Phillips Ormonde Fitzpatrick offers an extensive listing of IP law firms worldwide. Check the U.S. Department of Commerce and International Trade Administration's StopFakes.gov to learn more about remedies for international piracy.
Tips & Tactics
Helpful advice for making the most of this Guide- Reduce legal costs by researching trade journals, phone books, and the Internet to ensure your trademark isn't already registered elsewhere before consulting an attorney.
- Do a cost-benefit analysis before suing for infringement; if losses are minimal, it may not be worth it to hire an attorney.
- If you do hire an attorney, you may save time and money by using arbitration or mediation as an alternative to litigation.
- Keep track of when your IP registrations expire for each jurisdiction in which you're registered.
