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1992-10-11
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Protecting Intellectual Property Abroad
U. S. businesses competing abroad need to protect
their intellectual property. Although no course of action
can guarantee trouble-free expansion into foreign markets,
it pays to learn about a country's intellectual property
laws and practices before deciding to do business there.
Laws and customs vary widely, but following a few general
principles can make the difference between an advantageous
competitive arrangement and commercial disaster.
In recent years, U.S. firms doing business abroad have
had experiences like these (the examples represent real but
composite experiences):
* Company A sent product literature to a potential
foreign business partner. Soon the would-be partner
cornered the markets for the product in its region. Company
A had a U.S. patent, but public disclosures had now made
its product unpatentable in most foreign countries.
* Company B first knew its computer programs were
being sold abroad when pirated copies entered the United
States. It blocked commercial importation, enforced its
copyrights country by country, and has been successful so
far in stopping infringements in countries that are major
markets.
* Company C's expansion into one country was held up
when it discovered that its trademark was already
registered there by someone else. After lengthy
negotiations, it bought the right to use the mark.
* Company D did business on a handshake and general
understanding. Its closely guarded technology has been very
useful to its foreign competitors.
* Company E found exclusive rights to its inventions
and writings an enormous commercial advantage. It secured
the best protection available in each country in which it
did business and avoided investing in those with inadequate
protection.
Before making a decision to invest or do business in
any country, it pays to investigate the business
environment. Protection of valuable intellectual property
is an important aspect of that environment. The protection
available depends on the national laws, administrative
practices, and treaty obligations of each country.
Determining the type and extent of protection needed
involves technical, legal, and business considerations.
Deciding between trade secret and patent protection, for
example, depends on whether an invention can be "reverse
engineered," as well as on marketing plans and legal
requirements. In the United States, different aspects of
one product might be protectible under laws covering
utility patents, mask works, design patents, copyrights,
and trademarks.
Intellectual property protection can be quite complex.
Ideally, questions should be explored in detail with an
attorney. This guide is intended to provide an
introduction to intellectual property protection for U.S.
businesses considering expanding into foreign markets.