France: A Country on the Move Protecting your Intellectual Property Internationally

What is IP Trademark Copyright Patent Trade Secret

What is IP Trademark A word or symbol that acts as a source identifier for goods or services. Copyright A work of original authorship fixed in a tangible medium of expression. Patent A legal right granted by the government giving the patent owner the right to exclude others from making, using, selling the invention in the patent. Trade Secrets (1) Information (2) that has independent economic value (3) from not being generally known or readily ascertainable by proper means and (4) is the subject of reasonable efforts to maintain secrecy.

Why does IP matter? It is often the edge that sets successful companies apart. The intangible assets drive your company. Brand, innovation, competitive secrets, business know how As world markets become increasingly competitive, protecting your intellectual property becomes essential in distinguishing your product or service from others.

How do you protect IP Assess your IP –Conduct an accounting. –What is your business know how? –What differentiates you from a competitor? –What is your brand? –What are your trade secrets? What protections do you have implemented? –Any? –Cannot protect your IP internationally if you have not first taken steps to protect it at home.

International IP Protection International Trademark Protection –Selection –Search and Clearance –Filing

International IP Protection Selection –A strong trademark distinguishes the trademark owner’s goods or services from those of its competitors. –Strength Fanciful:no dictionary meaning Arbitrary:neither describe nor relate to goods or services offered Suggestive:describe characteristics of goods or services Generic:directly describes the goods or services sold by entity.

International IP Protection –Selecting an area of the world. Trademark rights are jurisdictional –Consider adopting a distinctive design or logo that can be registered widely throughout the world. Avoid translation and literacy issues.

International IP Protection Search and Clearance –Nearly all countries use a “likelihood of confusion” standard. –Utilize search agents that perform common law and registered rights searches. –Engage local counsel in countries where use and registration is planned.

International IP Protection Filing –The Madrid Protocol Before and After Seek registration in member jurisdictions through means of a central filing system, using: »One application »Prepared in one language »Fees paid in one currency

International IP Protection Filing –European Community Trademark System (CTM) Allows single trademark application to be filed covering all members of the EU. Benefits and Risks

International IP Protection Enforcement of IP Protection –Monitoring –Cease and Desist –Administrative or Court Proceedings

International IP Protection IP TIPS –What can you do right now? Contracts, employment, assessing, who has access? Work for Hire and exit interviews. –What can a professional do for you?

Thank you Samuel J. Frederick (517)