International Intellectual Property Law 101: How to Safeguard Your IP Abroad

Learn about foreign intellectual property legislation and how to safeguard your IP when traveling.

What you’ll discover:

Is it possible to enforce your copyright in other countries?
Do Patents Apply Outside the United States?
Is a Trademark Protected Outside the United States?

Although preserving your intellectual property (IP) rights in the United States is relatively simple thanks to clear legislation governing patents, trademarks, and copyright, the true difficulties arise when you attempt to defend your rights overseas. Governments may sign international intellectual property protection treaties, but each governs real protection differently. Worse, each sort of intellectual property may be governed differently.

Is it possible to enforce your copyright in other countries?

Although there is no standard worldwide copyright law, copyright enforcement abroad is conceivable and even straightforward if the target country is a party to one of the several international IP protection treaties, such as the Berne Convention or the TRIPS Agreement. Most signatory nations do not need copyrighted works to be registered, and they are protected from the time they are created. Yet, since everything ultimately comes down to national rules, you should always check the legal position in the target country.

Do Patents Apply Outside the United States?

Although copyright protection is automatic, patent protection is not. A US patent will only protect your intellectual property inside the United States. To use your rights in another nation, you must first get a patent in that country. Remember that until six months have passed after filing for the invention, you will need a United States Patent and Trademark Office (USPTO) license to apply for patents overseas.

Is a Trademark Protected Outside the United States?

The issue with trademarks is identical. The United States has not signed any treaties that would automatically make a trademark application effective beyond its boundaries. Although earlier international trademark registration offers the advantages of trademark protection under US law, the situation may differ based on the national laws of your target country. Nonetheless, take in mind that certain nations make trademarking easier. The European Union, for example, enables the registration of a Community Trademark with the Office for the Harmonization of the Internal Market. This trademark is effectively protected by European international copyright law, which is enforceable in all member countries.