Questions to Consider Safeguarding Your IPR

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IPR Considerations

Key Questions to be Used to Provide General IPR Counseling

Have you obtained a patent or registered a trademark for your product?

Remember that patents and trademarks are territorial and protection must be sought in each country where the intellectual property is to be protected.

In what countries have you sought this protection?

            The company may be asked to present proof of its rights (registration, application).

Is your product subject to copyright protection?

Copyright protection is enjoyed for literary, artistic and musical works immediately upon creation. Copyright protection is applied globally and is not territorial. Promotional material, for example, is subject to copyright.

Have you registered your copyright in the United States and abroad?

Would you like additional information instructing you how to obtain a patent, trademark or copyright or how to register these rights?

The company can be directed to the correct government agency identified in the IPR Resource Guide prepared by the International Trade Administration and/or provided with the Commerce Department brochure “Protecting Your Intellectual Property at Home and Abroad” available at www.stopfakes.gov.

Are you currently facing an intellectual property rights infringement problem?

The company may be directed to the Commerce IPR hotline where Commerce experts can suggest strategies to address IPR problems encountered abroad. Companies can contact Commerce at: 1-866-999-HALT (4258)

Key Questions to Ask to Determine Whether an Intellectual Property Problem Exists:

The following questions can be asked to help determine whether an intellectual property problem exists and to develop a strategy to advise the company about steps it can take to protect its intellectual property.

Does the company or individual hold a patent or trademark for the product that is allegedly being counterfeited or otherwise infringed?

From what countries were the patents or trademarks issued?

Remember that patents and trademarks are territorial and protection must be sought in each country where the intellectual property is to be protected.

Is the product one that would be subject to copyright protection?

Copyright protection applies to a wide range of subject matter such as literary works (including computer software), artistic works, and musical works. Protection begins at the moment of creation, and registration and copyright notice are generally not required to enjoy copyright protection. However, there may be additional benefits for registering a copyright, especially a foreign copyright.

Where is your product being produced and sold?

Where is the infringing product being produced and sold?

Does your company know the identity and location of the manufacturer of the infringing products? Does the counterfeit or infringing product pose any health or safety concerns? What steps has the company taken to combat piracy or counterfeiting of its product?

a) Has the company attempted to enforce its rights through a civil or administrative action in the country where it has patent or trademark protection? This is a step to explore if the company has patent or trademark protection in the same country where production or distribution of the counterfeit product is taking place.

b) Has the company attempted to enforce its rights through a civil or administrative action to combat copyright piracy? This is a step to explore if the company wants to stop production and distribution of pirated copyrighted products. A case should be pursued in the country where the counterfeiting and distribution is occurring.

If infringing products are being imported into the United States, and the company holds a registered patent, trademark or copyright for the product, has the company considered filing a Section 337 complaint with the U.S. International Trade Commission to bar infringing products from entering the United States?

Information on filing a Section 337 complaint can be found at the International Trade Commission’s website at http://info.usitc.gov/337.

Has the company recorded its registered trademarks and copyrights with the U.S. Customs and Border Protection (CBP)? Note: this procedure is not available for patents.

When this information is recorded with CBP (for a fee), it is entered into an electronic database accessible by CBP officers across the country. CBP uses the information to actively monitor shipments and prevent the importation or exportation of infringing goods.. Information on how CBP can assist in protecting a company’s IPR is available at: http://www.customs.gov/xp/cgov/import/commercial_enforcement/ipr/ipr_enforcement/

Do you need assistance contacting any U.S. Embassies who may be able to help you find experienced intellectual property attorneys in your country of interest?

Would you like to speak to U.S. Government experts that can help you devise a strategy to fight back?

The company may use the Commerce IPR hotline, established under the STOP initiative, for businesses to learn how to protect IRP overseas or for IPR enforcement assistance. The number is: 1-866-999-HALT (4258)

Date Updated: October 03, 2008

[ Additional IPR Websites ] [ Additional U.S. Government Contacts ] [ Glossary of Key IPR Terms ] [ IPR Industry Contacts ] [ IPR Protection in Foreign Markets ] [ IPR Protection in the U.S. ] [ Questions to Consider Safeguarding Your IPR ]

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