Archive for the ‘Intellectual Property’ Category

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Five Tips for Protecting Your Intellectual Property in Global Business

April 23, 2014

Ken Mouradian is the Director of the International Trade Administration’s Orlando Export Assistance Center.

You spent the time and money to build your business, including the development of products and services (patents, trade secrets and copyrights), business methods (trade secrets), brands (trademarks and service marks), and your presence on the Internet (trademarks and associated domain names, copyrights). Why wouldn’t you protect these Intellectual Property (IP) assets from unauthorized use?

Stopfakes.gov is your portal to resources for protecting intellectual property.Many small businesses are at a disadvantage in not having the expertise or resources to prevent theft of their intellectual property in the global marketplace. So in recognition of World IP Day on April 26, here are some simple, practical measures that any exporter can take to protect their IP assets:

  1. Conduct an IP audit. An IP audit will document the assets that you own, the assets that you may be acquiring, and how you’re using other people’s IP. It should support your export marketing plan, as an IP audit allows you to make business decisions about which assets to protect in each market. It doesn’t have to be elaborate; and it’s something that you can do yourself.
  2. Own your business… all of it! If you allow your foreign business partner to register your IP, in most foreign countries, they become the “right holder.” You need to register your own IP assets and record trademark and copyright registrations (and in some countries, design patents) with the customs administration to block the import and export of infringing items.
  3. Know your partners. Your local U.S. Export Assistance Center can help you to qualify existing or potential foreign business partners. Include provisions in your contracts that require the use of original and unaltered products and preclude the partners’ registration of your IP.
  4. Monitor the use of your IP. Plan to visit the market regularly; and use track-and-trace technology like RFID or bar codes to make it easier to audit products and spot fakes. Monitor domain names, e-commerce and auction platforms; and use Internet search engines – including image search – to find infringing products online. Include the obligation to report instances of infringement in your contracts with foreign business partners; and train business partners to spot fakes.
  5. Have an enforcement strategy. Make it part of your export marketing plan to know the administrative and legal relief available to you to enforce your Intellectual Property Rights in each export market. STOPfakes.gov offers country toolkits for select markets. You can also obtain country-specific information from U.S. embassies by contacting your local U.S. Export Assistance Center.

There is no substitute for qualified legal counsel. However, there is a lot that you can do yourself to get started. For more information, please visit www.STOPfakes.gov and the Inventors Resources Center from the U.S. Patent and Trademark Office.

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STOPfakes.gov Road Shows Bring U.S. Government Tools and Assistance to You

September 26, 2012

Andrea Cornwell is an International Trade Specialist in the Office of Intellectual Property Rights (OIPR) within the Market Access and Compliance unit of the International Trade Administration. Raquel Cohen, also an International Trade Specialist in OIPR, coordinated the STOPfakes.gov Road Shows.

Hello from Chicago, where I just wrapped up our most recent stop on ITA’s STOPFakes.gov Road Shows tour.  The Road Shows have been a hit across the U.S. After a whirlwind tour to eight cities, my colleagues and I have met with hundreds of U.S. companies, educating them on how to protect and enforce their intellectual property rights (IPR) in the U.S. and in foreign markets.  At each Road Show, our team of experts covered the basics—how to protect your company’s patents, trademarks, and copyrights—and advised on protection for online content and useful law enforcement resources to seize counterfeit products.   We also offered free one-on-one consultations for U.S. companies at the end of each session.

My colleagues and I have enjoyed getting to meet U.S. exporters across the country, and have appreciated hearing first-hand about the challenges they face with respect to protecting and enforcing their IPR.  During my time in Chicago, some common questions that companies have asked include:

If you weren’t able to join us at one of our Road Shows, don’t worry – you haven’t missed your chance to ask your questions!  We’re always ready to help U.S. companies with IPR-related issues, and can be reached through the contact page on our one-stop IPR portal, STOPfakes.gov.

And don’t forget, the STOPfakes.gov Road Show has one more stop in Oklahoma City on September 28.  For more information about our final stop, please contact Ashley Wilson at ashley.wilson@trade.gov.

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National Trademark Expo to Return to D.C. Area in October

September 19, 2012

Andrea Cornwell is an International Trade Specialist with the Office of Intellectual Property Rights in the International Trade Administration’s Market Access and Compliance unit.

The 2012 National Trademark Expo will return to the D.C. area on Friday, October 19 and Saturday, October 20. Hosted by the United States Patent and Trademark Office (USPTO) at its Alexandria, Virginia headquarters, the free, two-day event will inform the public about trademarks and their importance in the global marketplace.  The Expo is a great opportunity to learn about anti-counterfeiting efforts; shape, sound and color trademarks; and the evolution and history of trademarks.  The International Trade Administration’s Office of Intellectual Property Rights will have its own booth at the event and will be on hand to answer questions about exporting trademarked goods and protecting your trademarks outside of the United States.  Don’t forget to stop by our booth and say hello!

The United States Patent and Trademark Office (USPTO) will host the 2012 National Trademark Expo on October 19th and October 20, 2012.

The United States Patent and Trademark Office (USPTO) will host the 2012 National Trademark Expo on October 19th and October 20, 2012.

Around forty other exhibitors – including nationally and internationally recognized brands like Mattel, NASCAR, Hershey, and Under Armour, as well as government agencies and non-profit groups like NASA, the Department of Energy, the Army and Air Force, and the American Red Cross – will showcase their federally-registered trademarks through educational exhibits, including booths, themed displays and costumed characters.  The Expo will feature activities for visitors of all ages: individuals and representatives of small and medium-sized businesses can attend information sessions to learn how to search the federal trademark database or apply online for a U.S. trademark, and children can participate in workshops and other activities designed just for them.  Last year’s Trademark Expo attracted more than 15,000 visitors.  Join us this year to learn how trademarks can be used to develop and strengthen your or your business’s unique brand.  We hope to see you there!

The 2012 National Trademark Expo will be held from 10 a.m. to 5 p.m. on Friday, October 19 and from 10 a.m. to 4 p.m. on Saturday, October 20 at 600 Dulany Street, Alexandria, Virginia.  The USPTO campus is a five-minute walk from the King Street Station Metrorail, which serves the blue and yellow lines. Off-street parking in the USPTO’s two parking garages on the east and west sides of the campus will also be available.

Trademark Fun Facts! 

For more information on the 2012 National Trademark Expo, please visit www.uspto.gov/trademarks/notices/tmexpo2012.jsp.

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The Secret Is Out! Learn More About the Value of Trade Secrets to the U.S. Economy

September 5, 2012

Christine Peterson is an International Trade Specialist in the Office of Intellectual Property Rights within the Market Access and Compliance unit of the International Trade Administration

When I was in law school, I took all the intellectual property (IP) law and international trade law courses I could cram into my busy schedule.  Unfortunately, everything I learned about trade secrets I learned in two days of an introductory IP course.

But, if you think that the number of trade secret law courses out there was an accurate reflection of the importance of trade secrets to U.S. businesses and the U.S. economy, think again. Many companies rely on trade secret protection for their innovations.

Odds are you even have some products protected by trade secrets in your own home—like the Coca-Cola recipe or the compound used in WD40 or OLED display technology in a Samsung television.

Legal protection for certain business confidential information has existed in the United States since the nineteenth century, but has often been overshadowed by the more well-known forms of intellectual property—patent, trademark, and copyright.

Trade secret theft is an increasingly important issue for U.S. businesses and, as a result, the U.S. government is doing more to make sure that American innovators are not at a disadvantage in foreign markets due to inadequate trade secret protection.

I used the following resources to educate myself and would highly recommend them to U.S. businesses and others that are interested in learning more about trade secrets.

These and other federal government resources can help you understand the importance of protecting business proprietary information to ensure that U.S. companies stay globally competitive.

ITA’s trade specialists stand ready to assemble teams of U.S. Government experts to assist U.S. companies to enforce their trade secrets and other forms of IPR in foreign markets. We can suggest strategies to evaluate IPR problems encountered abroad and will work with you to resolve problems. You can report trade barriers at STOPfakes.gov/contact.

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Revamped Website Helps Businesses Protect IPR

March 14, 2012

The Office of Intellectual Property Rights (OIPR) is located in the Trade Agreements and Compliance area of ITA’s Market Access and Compliance unit.  One of OIPR responsibilities is to develop  trade programs and tools to help U.S. businesses and citizens protect and enforce their IPR in foreign markets, and conducting outreach to raise awareness. 

This week the International Trade Administration, in cooperation with other relevant U.S. agencies, unveiled the newly redesigned website, www.STOPfakes.gov. This is part of continued efforts to improve online tools making information easier to find.Redesigned STOPfakes.gov web site with mobile device

Originally debuted in 2005, www.STOPfakes.gov is an invaluable one-stop shop for IPR resources and information that is particularly relevant to small and medium-sized businesses. A self-paced IPR tutorial available in English, French and Spanish explains patents, copyrights, trademarks and trade secrets and guides small businesses through an IP audit to assess intangible assets.

Through the website, users can report IPR theft to federal law enforcement and obtain a free one-hour consultation with a lawyer knowledgeable on IPR protection.

Another resource is the IPR Toolkits. These are self-help manuals that provide the ins and outs of foreign IPR systems to help U.S. companies protect their business and IPR interests in foreign countries. A broad range of IPR materials produced by the European Commission is also available to users through the TransAtlantic IPR Portal.

The U.S. Government looks forward to continuing to help U.S. businesses develop and protect their intellectual property interests via the IPR tools and resources available through www.STOPfakes.gov.  The more U.S. businesses of all sizes know about protecting and enforcing their intellectual property rights abroad, the greater the returns will be right here at home.

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Shrinking the Atlantic and Improving Intellectual Property Protection

July 21, 2011

Cecilia Almeida is an intern at the International Trade Administration in the Office of Intellectual Property Rights. She is studying law at Loyola University in New Orleans. 

Last week, the Atlantic Ocean shrunk considerably for me as the U.S.-EU IPR Working Group met in Washington D.C. and I attended as an intern of the International Trade Administration (ITA).  The Working Group is co-chaired by ITA and the U.S. Trade Representative for the United States and by the Directorate General for Trade for the European Union.  The Working Group met with stakeholders at the U.S. Chamber of Commerce to discuss U.S and European joint efforts to improve intellectual property rights enforcement and protection in key third country markets.

Representatives from a range of different industries as well as representatives from a number of consumer groups were present and able to participate in the discussions.  I was able to learn about intellectual property rights and the efforts undertaken by the U.S. and the EU, and to stop intellectual property infringement.  It was an invaluable experience.

The Atlantic continued to shrink even more so as this meeting was followed by a government to government meeting on Friday. At this meeting, both the United States and the European Union reaffirmed their commitment to continued cooperation and discussed ways in which the U.S. and EU might further expand their joint activities.  I was happy to be a part of  these discussions to hear first hand information on the topic as it helped me expand my knowledge of a wide range of intellectual property rights issues.

In 2005, the United States and European Union came together and established the Intellectual Property Rights Working Group, which is composed of intellectual property rights officials representing lead agencies from both the United States and Europe. The Group was established to identify the areas for joint action particularly in third-country markets where the U.S. and EU share many of the same intellectual property concerns.

To learn more about intellectual property rights protection and enforcement and the resources the U.S. Government has developed to aid U.S. rights holders, go to www.stopfakes.gov.

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World IP Day

April 24, 2009

Andrea Cornwell is an International Trade Specialist with the Office of Intellectual Property Rights in the International Trade Administration’s Market Access & Compliance unit.

Intellectual property surrounds us almost constantly. And it’s not just McDonald’s trademark Golden Arches or Apple’s patented iPod technology or Miley Cyrus’ latest copyrighted album. For instance, I would bet that you create content protected by copyright nearly every day. Have you written an email today? Have you doodled on your notebook during a meeting or class this week? Have you snapped a family photo recently? If so, then you’re an author – an author with a copyrighted work.

The fact that intellectual property rights (IPR) exist in so many facets of our daily lives just goes to show that our Founding Fathers were right – provide people with legal protection for their inventions and creative works, and technology will advance, knowledge will spread, and societies will progress. Did you know that our Constitution authorizes Congress to protect inventors’ and authors’ creative works? Or, that our current trademark law preserves a long American heritage of 120-plus years of protection for our entrepreneurs’ trade names, logos, and the like?

In fact, IPR is so essential to continued global development and trade that each year we celebrate World Intellectual Property Day on April 26th. This year, World IP Day focuses on Green Innovation and the important role of IPR in promoting the advancement and diffusion of increasingly critical technologies for the mitigation of climate change. This coincides nicely with widespread celebration of Earth Day on April 22nd, and provides us with an opportunity to proudly say that, as global environmental needs evolve, our American entrepreneurs are developing new means for addressing them. According to the House Small Business Committee, the renewable and efficiency industries, comprised of more than 90% small firms, created 8 million new jobs in 2006. The

U.S. Conference of Mayors estimates that by 2038, the American green tech industry’s development could add another 4.2 million jobs to the economy.

So, you see, the fundamental IPR principle established so many years ago still rings true today – IPR protection is essential to encouraging innovation and competitiveness. This is particularly relevant to the growing green tech industry, as both U.S. industry and our global community stand to see great benefits from new technologies and methods for addressing climate change. As Francis Gurry, Director General of the UN’s World Intellectual Property Organization, recently said, “The power of human ingenuity is our best hope for restoring the delicate balance between ourselves and our environment.” This World IP Day, the International Trade Administration welcomes the celebration of Green Innovation and our green technology industry.

For more information on IPR and ITA’s activities related to IPR, please visit StopFakes.gov.

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