Question

How do international businesses respond to violations of their intellectual property?

How do international businesses respond to violations of their intellectual property?

Homework Answers

Answer #1

In this new era of business where world has become a global village. Performing business beyond national boundaries is a common practice now. International business has opened new doors for organizations on one hand and on the other had it also imposes several challenges for business organizations. One of such challenge is that of protecting intellectual property from getting violated while performing international businesses.

Some of the common IP issues in international business are as follows:

  • IP rights are valid in country where they are granted,
  • Freedom to operate in different countries is different,
  • Intellectual property rights in different countries have different deadlines.
  • Selection of appropriate trade mark is not easy while performing business across borders.
  • Market of interest might have prior existing trademark, patent or design.

Ways to protect IP from violation while performing international business:

  • Apply for intellectual property rights through National route in the country in which business is to be performed.
  • Keeping a check on deadlines of IP rights,
  • To check if trademark,patient, or designs are already existing in desired country, one need to apply for another IP rights.
  • Signing the agreement under TRIPS (Trade Related Aspects of International Property Rights), in order to ensure enforcement of stricter intellectual property regulations.

There are different provisions in different countries to respond towards violations of ones intellectual property. However, in order to respond to violations of ones intellectual property in international business one must take following common steps:

  • By taking legal action in performing country,
  • By conducting full investigation for determining the causes of violation.
  • To present the problem in such a manner that the local government realizes their loss if you don’t perform business in their country,
  • The net impact of violation of ones IP rights must be assessed and communicated,
  • One can also identify like organizations that face similar violation issues and can form a collision with them to make a greater impact.
  • By expanding the level of exposure the message can be widely spread.
  • By lobbing respective government to push international agreement in order to protect IP rights.

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