International Intellectual Property Legal Blog

The rights of business owners are violated in all sorts of ways, and infringement is a serious problem. Unfortunately, infringement takes on many forms and can impact companies across a variety of industries. When people think of infringement, they may envision motion pictures, trademark issues or computer code. However, it is essential to realize some of the other ways in which infringement occurs. For example, infringement may involve chemicals, such as the misuse of an innovative chemical product. If your business is struggling with patent infringement, it is crucial to look into potential legal solutions as soon as possible.

There are many different ways in which patent infringement involving chemicals may transpire. For example, perhaps a pharmaceutical company has come out with a new drug only to find that their hard work has been stolen. Or, perhaps a company has created an innovate chemical, such as a de-icing product, only to find that a competitor has taken advantage of their hard work. There are multiple industries and types of businesses which may have to watch out for patent infringement in this regard, and other types of infringement that could threaten the company as well.

Copyright infringement can be incredibly challenging no matter the circumstances, but some cases can be very hard to work through. For example, multi-jurisdictional infringement can present a number of hurdles and if you are dealing with a case like this, it is imperative to take the right approach. The laws can vary from one jurisdiction to another and there are other potential hurdles to work through, including differences with respect to laws in one country to the next and even the distance of one jurisdiction to another. It is very important to carefully handle these types of cases and understand what may be at stake.

First, business owners may have a hard time when it comes to making sense of the laws in another jurisdiction. After all, someone who is already tied down with work and day-to-day commitments may not be able to devote much time to reviewing legal matters in another jurisdiction. If this is something you are struggling with, it may be helpful to consult with a legal professional who knows the ins and outs of these matters. Depending on the outcome of your case, your business could be impacted significantly.

Inter partes review is a trial-like process before the Patent Trial and Appeal Board (PTAB). The U.S. Patent and Trademark Office (USPTO) developed the process in 2011 to replace a string of less efficient processes for challenging patents. A person or company who wants to patent an invention files a patent application, wherein they make claims about the invention and why it should receive a patent. IPR allows a third party (not the patent owner) to challenge the patent claim before the PTAB. The purpose for the petitioner is to show that the claimed invention is unpatentable.

Whenever a business struggles with the theft of intellectual property, it can be tough. However, some companies are in especially difficult positions when it comes to IP theft, such as those which are struggling with international intellectual property theft. There are many different factors that can complicate things when it comes to dealing with IP theft on a global scale, such as language barriers, differing laws from one country to another and other challenges. However, it is pivotal for your business to handle any serious IP theft matters appropriately. After all, these incidents can have a significant impact on businesses.

For starters, it is important to go over the ins and outs of international trademark and patent laws, which can be tricky for someone who may lack familiarity with this area of law (let alone on a global scale). Some business owners have improved their circumstances by reaching out to a legal professional for guidance. Some people may also struggle to make sense of laws in another country, but it is crucial to evaluate the case from this standpoint and to go over all of the details surrounding the incident(s).