Patents, trademarks, service marks and copyrights have emerged as international currency and legal tender in today’s global economy. Valuable and often extensive intellectual property portfolios continue to define global market leaders. As a result, the need to license, manage and enforce intellectual property rights around the world has become critical in today’s multinational commercial environment.
Because national and international laws pertaining to intellectual property continue to evolve and develop at an accelerated pace, Harness Dickey’s International team works diligently with a global clientele to analyze how regulations are changing, as well as posture clients in an advantageous position going forward. We deliver global solutions when it comes to securing and enforcing intellectual property rights. Our global clientele yields from such industries as telecommunications, technology, business solutions, manufacturing and publishing, among many others. Our International team is involved in:
Patent and trademark selection, prosecution and registration in both domestic and foreign jurisdictions
Mitigating and fighting product counterfeiting and trade secret theft
Enforcing patent, trademark and copyright infringements in domestic and international tribunals
Negotiating and successfully closing cross border agreements involving IP
Advising on worldwide branding programs and managing extensive portfolios of patents, trademarks, service marks and copyrights
Harness Dickey delivers IP services throughout the world. Our lawyers routinely travel to Europe, Asia, South America and other parts of the globe to meet with international clients to better understand their businesses and help them in securing valuable protection for their technology and innovations. Because we have been around so long, we have tremendous connections throughout the world. We know local counsel in foreign jurisdictions personally, so we can turn high quality work around both quickly and efficiently.
We are very, very good at being responsive. International intellectual property law is competitive, and so is our cost structure. We are one of the largest and most prominent IP firms in the United States. As a result, we have both the expertise and active relationships required to conduct IP driven business internationally. In addition, we are flexible. Each client and corporation employs their own often unique management process. We are particularly accommodating to each client’s specific procedures, in part, because of our large, experienced and well-trained staff. Our ability to mesh with our clients, no matter how culturally diverse, is second to none.
Foreign Clients Doing Business in the U.S.
Foreign clients look to Harness Dickey to help them navigate U.S. intellectual property law and safeguard their valuable assets in the domestic marketspace.
Foreign patents, trademarks, service marks, trade names, trade secrets, copyrights and trade dress from around the globe must be carefully protected in the U.S. market. In addition, technology and intangible assets should be leveraged in the U.S. to realize their full commercial value. Harness Dickey is a leader in the protection of intellectual property rights. We provide our foreign clients with the expertise they need in all aspects of U.S. law governing patents, trademarks, copyrights, trade secrets, false advertising, unfair competition, counterfeiting, grey marketing and product diversion, among others.
Harness Dickey manages foreign client IP portfolios entering U.S. markets. Our foreign clients include start-up companies, individual inventors and large international corporations seeking counsel in all types of intellectual property matters and often involving complicated technology and complex legal theory. Our experience and relationship with, as well as close proximity to, the U.S. Patent and Trademark Office has proven invaluable to making foreign patents and trademarks viable in the U.S.
We help our foreign clients to write their patents and trademarks in such a way that they will be successful here in the U.S. The combination of our technical, business and legal knowledge means that we can take a foreign patent or trademark filing and make the necessary revisions to ensure the approval process in the U.S. goes smoothly and quickly.
Domestic Clients Doing Business Abroad
The protections of domestic patents or trademarks apply only to the United States. As a result, an inventor or company seeking intellectual property protection on a worldwide scale must apply for a patent or trademark in each country where they seek protection. Because practically every foreign land has its own intellectual property law, an application for a patent or trademark in that region must be filed in order to secure your IP investment in the region.
Harness Dickey simplifies the challenging process of protecting IP rights abroad. We work with our domestic clients to design and execute a global plan to develop worldwide IP protection strategy, including the development of licensing and business contacts. All of our initial filings with the U.S. Patent Office are written so that when they are prosecuted in other countries, they are executed in a language that when translated… are quite likely to be successful.
We file patents and trademarks all over the world, and in each country where protection is sought. We are highly familiar with the Patent Cooperation Treaty (PCT) and The Madrid Protocol, which allows for the streamling of the application and filing processes pertaining to international patents and trademarks. We can ensure that our U.S. patents and trademarks are in order with customs and border protection, as well as secure and register patents and trademarks in key foreign markets where IP violations are frequent.
How do I protect my copyrights on a global scale? Although most countries do not require copyright registration in order to ensure protection, registration can offer proof of ownership and strategic benefits. Because the U.S. maintains copyright relations with most countries in the world, honoring copyright ownership is customary. However, such relationships do not exist with every country – and Harness Dickey can make sure copyrights are filed wherever such protections do not apply.
Harness Dickey is particularly experienced in dealing with counterfeiting problems abroad, as well as their importation into the United States. The Firm emphasizes taking precautionary measures through proper registration and carefully drafted agreements with local licensees. Our network of foreign associates is utilized to monitor counterfeiting activities and to assist in investigations to ensure the infringers can be identified and that sufficient evidence can be obtained for legal proceedings.
Cross Border Transactions
Harness Dickey is involved in IP transactions around the world. Our international perspective and judgment positions our clients to minimize the risks associated with international business transactions. We are known for our macro perspective when conducting commerce abroad, and are particularly valued by our clients as knowledgeable partners when executing cross border initiatives.
We deliver practical guidance pertaining to IP transactions in Europe, Asia, South America and beyond. Whether we are negotiating the terms of the deal or addressing the legal or business risks inherent in such transactions, our hands-on experience in executing a broad array of international agreements illustrates our unique ability to overcome the hurdles and complexities of global commercial initiatives. We not only understand the laws, we understand the realities of business environments that may be much different than you are accustomed to.
We know how to do business in Hong Kong and the People’s Republic of China (PRC). Our attorneys are frequently involved in advising U.S. based companies buying assets from PRC businesses. We have advised on transactions ranging from licensing agreements to transferring technology in or out of the PRC. Doing business in the PRC is significantly different from commerce in Europe or even other parts of Asia. We understand how the court system works in China, and how it affects the deal at hand. We work with our clients on potential infringement risks at the border and possible importer/exporter rate violations, as well as address ITC matters as needed.
Our practical experience with the Chinese allows us to advise on what works and does not work when doing business in the PRC. We understand the customs, habits and business practices in China. We know how to “pressure test” your deal by including insights that may not be considered by inexperienced counsel. We make sure that all of the assets and deal participants are identified up front and included within the scope of the transaction.
Customs & Border Protection
Most people know that our U.S. Customs and Border Protection agency (CBP) has the ability to seize counterfeit and infringing goods at U.S. borders. But… did you know that trademark and copyright registration owners can record those documents with CBP, and CBP will actively look for, seize and destroy infringing and counterfeit products?
CBP has substantial power to search imports and exports and exclude, detain and/or seize and destroy counterfeit and infringing products. And, if you help them by using their registration system, they’ll help you by seeking out problem imports and exports. When CBP suspects that goods are infringing, the goods are detained for up to thirty days — during which time CBP will determine whether to formally “seize” the goods. During the detention period, copyright and trademark owners are advised of the country of origin, the date of importation and the port of entry, and they are given a description of the merchandise and the quantity of merchandise being detained. If a seizure occurs, the copyright/trademark owner is advised of the country of origin, the date of importation, the port of entry, a description of the merchandise and the quantity of merchandise, and is also given the names and addresses of the manufacturer, exporter and importer. This information often proves invaluable if a lawsuit is warranted.
Using the Intellectual Property Rights Recordation (IPRR) system is easy. It can be done online using a credit card, and the cost is minimal. If you are experiencing problems with counterfeit or infringing products being imported or exported at our borders, let us help you register your intellectual property rights with CBP. Making trademark and copyright rights known to border personnel works. In 2014 alone, more than $1.23 billion worth of illegal goods were seized by CBP.
Harness Dickey assists clients by familiarizing CBP with client products and by providing information about known or suspected infringers/infringing products. Using a system known as “C-TPATS” (Customs-Trade Partnership Against Terrorism Security), owners can assist CBP in recognizing counterfeits/knock-offs of their original products through a portal located online. CBP, at no cost, will engage with you and become familiar with your products so CBP agents can more readily identify illegal products at the border. Just let us know if you’d like more information about this useful, no-cost tool.
Our extensive global network benefits both our foreign and domestic clients.
In today’s global economy, it is no longer sufficient for IP counsel to understand U.S. patent and trademark law alone. To provide effective and relevant legal and business advice to clients with international business interests, it is imperative that IP counsel is well versed in the patent, trademark and commercial laws of many foreign countries, particularly those in Europe and Asia.
Harness Dickey works with nearly 1000 IP specialists in leading law firms and organizations around the world. Simply, our global relationships matter. Our attorneys regularly participate in reciprocal training programs with many of these foreign partners to ensure we remain abreast of the latest developments and changes in international law that can impact our clients’ businesses. Through this extensive and long established network, our clients are assured of on-the-spot legal assistance and protection of intellectual property on a global scale.
Our attorneys are constantly traveling. We devote time and resources to our international clients, as well as participate as invited thought innovators in international IP related symposiums and conferences. Someone is usually abroad practically every day of the year.
We write our patents that originate in the U.S. with an eye toward future patent prosecution in foreign regions. Whether in Japan, Korea, China or Europe, we are frequent flyers who have processed into the tens of thousands of foreign applications coming into the U.S., as well as even more domestic applications that are then filed around the world.
Harness Dickey was one of the first IP firms in the country to form an International IP practice. The Firm trains carefully recruited specialists and support personnel to navigate the myriad of the procedural requirements of the various foreign national and multinational patent and trademark offices, including the World Intellectual Property Office (WIPO), the International Patent Cooperation Treaty (PCT) and the European Patent Office (EPO), among others. Our Firm includes many multilingual professionals with capabilities in Chinese, French, German, Japanese, Korean, Russian and Spanish. As a result, we provide clear and meaningful communication with our foreign clients and on behalf of our domestic clients doing business abroad.