Forums: Discussions for entrepreneurs and small business.

yes.  There is a treaty called the Madrid Protocol for trademarks and a treaty called the Patent Cooperation Treaty for patents.  Last time I checked, canada was not a party to madrid but was a party to PCT.

The owner of the intellectual property can assign that intellectual property in foreign countries so they are in a better position for enforcement.

Dear sol o:

In general, international intellectual property strategy is only a part of an overall plan for doing business internationally.  Obtaining IP protection in foreign countries is a good idea for those who plan to do business in those countries or who otherwise have the means to go there to enforce their IP rights. 

Barring that, we are now seeing the emergence of international markets in latent IP.  These markets are still inefficient, but they are growing rapidly.  As this market matures, one with a foreign patent who has no means of enforcing it will eventually be able to sell the patent to someone who does have the means.

In my view, obtaining as much IP protection as you can afford is always a good idea.  Figure out how to exploit it later.

Warm regards,

-brent

(the above is not meant to be legal advice)

I have a patent & Reg. TM horse product.  The product has become very popular and several large companies are `knocking off`  (infringing upon) my exact patent and making millions.  They have flooded the equine market with their `bootleg` knockoffs, and this situation is escalating.  They dare me to sue them - counting on my not being able to afford the litigation process (true).  One company has the audacity to even be sewing a wrongful patent label on their exact copy of my product.
Another company is blatently using my TM.   I have 2 alternative avenues of attack - one being publicity, as I am an ex-television broadcast journalist, however I do need an aggressive attorney in my corner, asap.    This is a `sweet` case for the right lawyer.

Dear bevjoy:

You may have a case that an IP litigator would want to take on contingency.  I recommend you consult the California Bar lawyer referral service to try to find someone in your area.

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid =10182

-brent

DeadEye96: 

I regret that your assumption is not always correct.   Trademark infringement litigation can get very expensive for both sides.  Sometimes infringers will go away after receiving a letter from your attorney, but other times, you`re in it for the long haul.

-brent

As in most things, there are the "slam dunk" type cases and also the "gray area" type cases.  Maybe you could send me a private post with some specifics - such as whether there are any federal registrations, why you think there is infringement, etc.

Hi James,