Earlier this month the UK Intellectual Property Office released
a series of guides setting out the most important factors to
consider when expanding your intellectual property rights
These guides offer insight into protecting and exploiting your
intellectual property rights (including copyright, trade marks,
designs and patents) in Turkey, Brazil, China, India, South Korea,
South Africa, USA and Vietnam.
UK and EU businesses should be aware that each of the above
jurisdictions may be suitable for export of their products.
Manufacturing products in these territories may also be easier
and/or cheaper, or there may be a great demand for your products
there. As such, licensing your intellectual property rights to
manufacturers or distributors within those territories may be
beneficial to your business.
Although professional advice will usually be required when
exploiting intellectual property rights in these jurisdictions, a
business owner aware of how such rights are exploited, the common
issues which may arise when operating in these territories and the
likely safeguards that should be in place prior to expanding abroad
often makes the process more streamlined and efficient.
If you do wish to exploit your intellectual property rights
abroad, we advise that you contact us and review the above guides
as early on in the expansion process as possible. Having the right
advice at the appropriate stage of the process will prevent issues
arising later on.
We also have a broad network of local legal agents within each
of the above jurisdictions who provide our clients with advice on
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The focus on the product being obvious or anticipated as at a certain date provides powerful protection and commercial certainty without conflicting with a patentee's ability to obtain patent protection.
Once your trade mark is registered, you can use the ® symbol. It is not a requirement to use this symbol, but it can work as a useful deterrent as it flags to third parties that there is a risk of being sued for infringement if they use the same or a similar mark.
In the UK, a person threatened by proceedings relating to infringement of patent, trade mark or design rights can sue the person making the threats in certain circumstances if the threats are unjustified, i.e. where they have been made in respect of an invalid right or where there has been no infringement.
The High Court considered a claim by Azumi, the owner of high-end Japanese restaurant Zuma against Zuma's Choice Pet Products Limited (ZCPP) and its director Zoe Vanderbilt for trade mark infringement.
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