International

The patent, trademark and copyright laws in many foreign countries are similar to the U.S. law. At the law offices of Robert M. Downey, P.A., we regularly assist our clients in obtaining international patent, trademark, and copyright protection.

The patent, trademark and copyright laws in many foreign countries are similar to the U.S. law. At the law offices of Robert M. Downey, P.A., we regularly assist our clients in obtaining international patent, trademark, and copyright protection.

While there is no single vehicle that can provide global protection in every country in the world, there are several important international agreements that allow for international protection in multiple countries. Specifically, the Patent Cooperation Treaty (PCT) allows for the filing of a single international patent application that can be directed into the respective patent offices of member countries of the treaty. Trademark protection can be obtained throughout Europe under a European Community Trade Mark (CTM) or in multiple countries under the Madrid Protocol Agreement. There are several treaties and conventions affecting international copyright protection, including the Berne Union for the Protection of Literary and Artistic Property (Berne Convention); the Universal Copyright Convention (UCC); and the World Intellectual Property Organization (WIPO) treaties, including the WIPO Copyright Treaty (WCT) and the WIPO Performances and Photograms Treaty (WPPT). If the country in which copyright protection is sought is a party to one of the international copyright conventions, the work generally may be protected by complying with the conditions of that convention.

With respect to international patent rights, it is important to note that when a U.S. Applicant files either a provisional or non-provisional patent application in the United States Patent Office, most countries will recognize the U.S. filing date as the filing date in that foreign country, as long as the U.S. Applicant files the corresponding foreign patent application within one year from the U.S. patent application filing date. Similarly, Applicants of U.S. trademark applications are provided six months to file corresponding foreign trademark applications with a right of priority to claim the U.S. trademark application filing date in those countries.

If you are interested in foreign patent, trademark and/or copyright protection, please contact the Firm by email or telephone.

We look forward to the opportunity to be of assistance to you.