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Attorney2
Attorney2, Attorney
Category: Intellectual Property Law
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Experience:  29 Years In General Practice,
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If someone from another country steals my intellectual

Customer Question

If someone from another country steals my intellectual property and uses it in another country, what can I do?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Attorney2 replied 1 year ago.

Welcome and thank you for your question.

A Patent needs to be filed in each country.

Trademark would need to be registered with the country that is a member of the World Intellectual Property Organization

Copyright would depend on the Country.

Can you provide me with a little more information. How was the IP obtained and where is it being used? Do you have a patent, trademark or copyright?

Expert:  Attorney2 replied 1 year ago.

Are you still with me?

Customer: replied 1 year ago.

I am sorry for the delay. I hired some somewhere developers in Pakistan and am just worried about the IP. Software can be complex and extremely expensive to build. So, I need to ensure I protect that investment any way possible.

Of course, it can be quite difficult to track people down in other countries so I am just looking for remedy options if I were to have to take legal action against a company or individual. They do have a domestic company registered but are using contractors in the other country and that makes me think those individuals could just take the final product and stick a new name on it and claim it as their own.

I do have the trademarks registered and patent applications in process but I assume software would be treated as a copyright violation, just not sure.

Expert:  Attorney2 replied 1 year ago.

No worries. We have agreement with certain countries (and I totally understand your concern)

Let me let me provide the information on who the United States has agreements with to pursue this matter if it happens.

"First, you must determine if you have rights to the intellectual property in that country. Patents and trademarks are territorial and must be registered in each country where protection is sought. A U.S. patent or trademark does not afford protection in another country. For copyrights, as a result of international copyright treaties and conventions, many countries do not require registration of a U.S. copyright in order to enjoy copyright protection. However, the United States does not have such copyright relationships with every country.

Once you have confirmed you have intellectual property rights (IPR) in a foreign country, you must seek to enforce your rights using the civil, administrative and criminal enforcement remedies available in that country. IPR are private rights; therefore, you must protect your rights in accordance with the IPR laws of that country. Intellectual property laws can be complex, so it is recommended that you seek local legal counsel to explore potential remedies.

The U.S. Department of Commerce Office of Intellectual Property Rights (OIPR) can assist you in developing an enforcement strategy. OIPR, Commerce’s country experts, and other U.S. Government IPR experts, stand ready to work with U.S. firms to help them protect their intellectual property abroad. In many cases, OIPR can provide companies with information to aid in navigating a foreign government’s legal system, including lists of local investigative firms and attorneys, and share experiences and expertise in that country. However, the U.S. Government cannot provide American companies with legal advice or advocate on a company's behalf when a matter is before a court or administrative agency. If you would like to work with OIPR to develop an enforcement strategy, please contact OIPR by telephone at (###) ###-####" http://www.stopfakes.gov/faqs/how-do-i-enforce-my-intellectual-property-rights-foreign-country

Expert:  Attorney2 replied 1 year ago.

I do have the trademarks registered and patent applications in process but I assume software would be treated as a copyright violation, just not sure.

"How Do I Obtain Patent, Trademark, Or Copyright Protection In Another Country?

Patents: A patent is a legal instrument that gives its owner certain exclusive rights for an invention. Most patents are directed to a product or process that provides a new or improved way of doing something, or offers a new technical solution to a problem. In the United States, the life span of a patent depends on many factors, but once secured, a patent generally provides protection to its owner for a period of 20 years from the date the patent application was filed. Since a patent granted by the U.S. Patent and Trademark Office (USPTO) only protects the owner of the patent in the United States, it may be necessary to obtain patent protection from foreign patent offices for any commercial activity to be conducted outside the United States.

The Patent Cooperation Treaty (PCT) streamlines the process for U.S. inventors and businesses wishing to obtain patent protection in other countries. By filing one international patent application with the USPTO, U.S. applicants can concurrently seek protection in up to 115 countries. For an invention made in the United States, U.S. law prohibits filing abroad without a foreign filing license from the USPTO, unless six months have elapsed since filing a U.S. application. For more on the benefits of filing for an international patent under the PCT see the January 2002 Export America article titled “The Advantages of Using the Patent Cooperation Treaty”.

For more information on filing for a patent in the United States visit the USPTO website or call the Patent Assistance Center at 1-***-***-**** or(###) ###-#### You can also file for a U.S. patent electronically using the USPTO’s Electronic Filing System. For filing an international patent under the PCT, visit the USPTO website. Additional information on the PCT is also available on the WIPO website.

Trademarks: A trademark is a word, name, symbol, or device that identifies and distinguishes the source of goods used in trade. In short, a trademark is a brand name. Service marks perform the same function for businesses dealing in services rather than goods.

In the United States, rights to trademarks, service marks, and other marks are acquired through use, registration, or prior foreign registration. However, in most countries, trademark rights are acquired only through registration, and many countries require local use of the registered mark to maintain the registration. Whether a given mark can be registered in a particular country will depend on the law of that country. For example, some countries do not protect service marks. The United States is not a member of any agreement under which a single filing will provide international protection. For more on how to file for a trademark internationally see the March 2001 Export America article titled “Small Business Primer to Filing for Trademarks in a Foreign Country".

To learn more about trademarks, visit the USPTO website or call the Trademark Assistance Center at 1-***-***-**** or(###) ###-#### You can also file a trademark application electronically using the USPTO Trademark Electronic Application System (TEAS).

Copyrights: A copyright protects original works of authorship. In the United States, this protection gives the owner the exclusive right to reproduce, prepare derivative works, distribute copies, or perform or display the work publicly.
not required. A small number of countries, however, offer little or no protection for the works of foreign nationals. Ultimately, copyright protection depends on national law. Before publishing a work anywhere, it is advisable to investigate the scope of pr No “international copyright” provides universal protection for your work throughout the world. However, securing copyright protection has been greatly simplified under international copyright treaties and conventions, such as the Berne Convention and the WTO TRIPS Agreement. In most countries, including the United States, registration. In most countries, including the United States, registration is typically not required. A small number of countries, however, offer little or no protection for the works of foreign nationals. Ultimately, copyright protection depends on national law. Before publishing a work anywhere, it is advisable to investigate the scope of protection available, as well as the specific legal requirements for copyright protection in countries in which protection is desired.

To learn more about copyrights, visit the U.S. Copyright Office website or call(###) ###-####to speak with a copyright information specialist. Certain users can also register a copyright electronically using the U.S. Copyright Office CORDS Electronic Registration System.

How Are Intellectual Proper ty Rights Enforced Abroad?

The ease of IPR enforcement depends on local law, the resources of the intellectual property owner, the attitude of local officials, and many other factors. In the United States and many countries, intellectual property owners pursue infringement claims through civil litigation. Internationally, avenues to address IP infringement vary by country, and will be dictated by local law. As required by the TRIPs Agreement, criminal procedures and penalties in cases of willful trademark counterfeiting and copyright piracy must also be available in WTO member countries. It is important to seek proper legal advice on any issues related to IPR enforcement. For more information on enforcement and dispute resolution visit the WIPO SME website and click on IP for Business.

http://www.export.gov/regulation/eg_main_018818.asp

Expert:  Attorney2 replied 1 year ago.

Pakistan

http://islamabad.usembassy.gov/root/pdfs/ipr_copyrights.pdf

Pakistan

http://www.copyright.gov/circs/circ38a.pdf

Pakistan Main IP Laws: enacted by the Legislature

  • Intellectual Property Organization of Pakistan Act, 2012 (2012)
  • Patents (Amendment) Act, 2010 (Act No. IX of 2010) (2010)
  • Copyright (Amendment) Act, 1992 (1992)

http://www.wipo.int/wipolex/en/profile.jsp?code=PK

http://www.wipo.int/wipolex/en/text.jsp?file_id=129350

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. I included additional links and information for reference.

Thank you for using JA! If you would be kind enough to rate my service so I will receive credit for my work I would appreciate it The attorney does not get paid if the customer fails to rate our service positively. Thank you for your consideration.

Expert:  Attorney2 replied 1 year ago.

I wanted to check back with you to see if the information I provided was helpful. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. Thank you for using JA! We appreciate your business.

Expert:  Attorney2 replied 1 year ago.

Hi Gary. I wanted to check back with you to see if the information I provided was helpful. Please let me know. Thank you.