International Intellectual Property
You may think that if you have applied and received protection for your work in the United States, then it is protected everywhere, but this is not the case, as intellectual property law varies from country to country around the world.
While intellectual property laws do not currently cross borders from country to country, your work may still be able to be protected, as there are some treaties and organizations that exist to help expand intellectual property law across a number of countries.
There is an international governing agency for intellectual property matters known as the World Intellectual Property Organization (WIPO) which “is an organization dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide and that inventors and authors are recognized and rewarded for their ingenuity”, and over 90% of the world’s countries (179 countries) belong to WIPO.
The WIPO carries out any task related to the protection of intellectual property rights such as administering international treaties, assisting government agencies, organizations and the private sector, monitoring developments in the field of intellectual property, and harmonizing and simplifying relevant rules and practices.
There are numerous treaties that have been brought about to help regulate international intellectual property law and only a few treaties will be covered in this section, however, if you are dealing with intellectual property and more than one country, be sure to follow up on what treaties may apply, and good places to start are the USPTO and the WIPO.
TRIPS stands for the Agreement on Trade-Related Aspects of Intellectual Property Rights and it is the most comprehensive multilateral agreement on IP, and TRIPS includes a set of provisions dealing with domestic procedures and remedies for the enforcement of IP rights, and all countries who are members of the World Trade Organization (WTO) are obligated to comply with domestic standard set forth under TRIPS.
The North America Free Trade Agreement was established to institute a schedule for the phasing out of tariffs and to encourage free trade between the three North American countries, and Chapter 17 of NAFTA detail specific conditions regarding the nature and scope of responsibility with respect to intellectual property rights of the United States, Mexico, and Canada.
Madrid System of International Registration of Marks is a system that gives a trademark owner and the possibility to have his mark protected in several countries by simply filling one application with a single office, in one language, with one set of fees in one currency, and the Madrid System of International Registration of Marks is only applicable among the countries party to the Madrid Agreement or the Madrid Protocol.
WIPO has several programs dedicated to identifying and exploring intellectual property issues and intellectual property issues have arisen in areas including traditional knowledge and folklore, genetic resources including conservation, management, and sustainable utilization and benefit sharing of these resources.
Other organizations that play a role in international intellectual property include the global guide to IP resources on the Internet www.ipmenu.com, international intellectual property alliance (IIPA) www.iipa.com, world trade organization (WTO) www.wto.org, the United Nations (UN) www.un.org, and international trademark Association (INTA) www.inta.org.
