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Is Intellectual Property Protected Internationally?

If you are a creative or innovative entrepreneur in New Orleans, you may have wondered how to protect your intellectual property rights in other countries. IP rights are the legal rights that grant you exclusive ownership and control over your IP, such as patents, trademarks, copyrights, or trade secrets. That said, if you own intellectual property, you may seek to protect it not only here in the United States, but internationally. Read on and reach out to Lemler IP to learn more.

Is my intellectual property protected internationally?

IP rights are not universal; they are granted and enforced by national laws and authorities. This means that your IP rights in the United States do not automatically extend to other countries. If you want to protect your IP in foreign markets, you need to apply for protection in each country or region where you do business or plan to do business in the future. Otherwise, you may risk losing your competitive advantage or facing infringement by others who copy or use your IP without your permission. Fortunately, there are some international agreements and organizations that facilitate the protection of IP rights across borders. These include the following:

  • The World Intellectual Property Organization (WIPO): A specialized agency of the United Nations that administers various global treaties and provides services and resources for IP owners and users.
  • The World Trade Organization (WTO): An Intergovernmental organization that regulates international trade and enforces the Agreement on Trade-Related Aspects of Intellectual
  • Property Rights, which sets the minimum standards of IP protection and enforcement for all WTO members.
  • The European Union (EU): A political and economic union of 27 member states that offers a unified system of IP protection and registration for certain types of IP, such as the European Patent, the European Union Trade Mark, and the Registered Community Design.
  • The Free Trade Agreements: Bilateral or multilateral treaties that establish preferential trade relations between the parties and often include provisions on IP protection and cooperation.

These international agreements and organizations can help you secure your IP rights in multiple countries with less cost and complexity than applying for protection individually in each country. However, they do not replace the national laws and authorities of each country. You still need to comply with the local requirements and procedures of each country where you seek protection, and you’ll also need to monitor your IP rights against potential infringers in each jurisdiction.

This is why it’s always best to partner with a seasoned Orleans Parish, Louisiana intellectual property lawyer who can help you devise an effective international IP strategy that suits your business needs.

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