For years, the entrepreneur’s success and the global development of the market have made the protection of intellectual assets go beyond the borders of one country. This fact means that effective protection of the entrepreneur requires taking care of his interests, often on many continents.
While the competences of Polish patent attorneys entitle them to move efficiently within the territory of the European Union, inter alia thanks to the uniform protection provided by EU trademarks and industrial designs (protected by a single application in all EU countries), the activity of an entrepreneur or its competitors in individual territories of the EU, and even more so outside the EU, requires ongoing and trust-based cooperation of foreign experts and building coherent strategies of Polish and foreign ombudsmen, both offensive (prosecuting violations) and defensive (defending against increasingly frequent attacks by large foreign corporations in connection with claims of infringement).
Pushing the boundaries of Intellectual Property protection
Thanks to professional partnerships with local experts from every continent, we provide entrepreneurs with opportunities to develop their business in a stable business environment anywhere in the world. This is guaranteed by “acquaintances” established and tested by dozens of cases, enabling the exchange of experience with patent attorneys around the world. In other words, foreign cooperation on the basis for providing the entrepreneur with what he needs to develop his business in other territories, including the increasingly popular ones: USA, China, or Saudi Arabia.
Entrusting a client’s case to a foreign lawyer, on the performance of which, realistically speaking, the domestic trademark attorney has no direct influence, requires confidence in the expert level of service that such a foreign expert is able to offer. Servicing the often huge scale of the client’s interests cannot be a testing ground. In short, the national trademark attorney is responsible for the effect, who commissions the case to a foreign expert, vouching for it with his head. The client is interested in the goal agreed with the trademark attorney; The means for its implementation are a matter of effective foreign cooperation and the know-how of the attorney himself.
Trips, conferences, bilateral meetings…
It might seem that this is a nice change for working in the office, at a desk – a trip abroad, a conference, networking, evening parties, conversations until long hours at night. Every trademark attorney who has participated in organized trips as part of foreign cooperation networks such as INTA, AIPPI, ECTA, PTMG, FICPI (and many others) knows that “attending” events organized by international organizations dealing with the promotion of intellectual property issues and cooperation of experts from around the world plays a key role in building relationships and providing professional support for clients. However, it is also hard and tedious work. By working with such organizations and being present at various events, Polish IP specialists have access to the latest information, training and the opportunity to exchange experiences with experts from around the world, which increases their effectiveness and ability to provide comprehensive IP protection to clients.
What is international cooperation?
An extensive network of relationships with experts from abroad allows us to build a portfolio of the client’s IP rights at a global level. Support from anywhere in the world is crucial for the effective management of the IP portfolio of clients based in any of the member states.
Starting from access to national registration systems, rights monitoring systems and responding to any cases of unfair competition or other violations, ombudsmen are able to effectively and continuously provide clients with effective support at every stage of their business development.
Wherever the help of a local representative is necessary, cooperation based on proven relationships built over years and proven in cooperation is crucial.
Examples of invaluable foreign cooperation
At FGGH IP, we recognize that managing an IP portfolio in different jurisdictions, such as China and the United States, requires not only specialized knowledge, but also a deep understanding of local legal and market realities. Thanks to this, we are able to properly address the needs of customers.
Example 1:
China, which is one of the largest markets in the world, is characterized by specific registration procedures: from differences related to the perception of marks through the prism of the Chinese language, the lack of word marks as such, through specific rules for assessing bad faith, to various variants of trademark defense. It is thanks to the developed cooperation with trusted local partners in China that we enable our clients not only to effectively register trademarks, but also to actively monitor the local market in order to quickly detect and respond to any cases of infringement.
Example 2:
USA – a country where the principle of priority from the use of a trademark applies, which entails a number of obligations unknown to our national law. U.S. legislation also provides for the possibility of filing a trademark application with an indication of the intention to use the mark if the applicant has a genuine intention to use it in the United States in the future. In this case, however, the mark will not be registered until the applicant proves the use. This and many other peculiarities related to the very specific American market, thanks to cooperation with trusted local lawyers, allows us not only to efficiently deal with clients’ business in the USA, but also to systematically monitor changes in regulations and quickly respond to new challenges.
Example 3:
Saudi Arabia – an increasing area of interest for our clients, who appreciate the rich market and the wide possibilities of offering services or tools unknown on the local market, or tools used in Europe. The specificity of the local market is primarily a different calendar (hijri), and therefore slightly different deadlines, single-class applications, temporary powers of attorney, or, for example, the inability to apply for trademarks in class 33 (alcohol) and many others. Knowledge of the differences, requirements, and advantages of an entrepreneur’s existence in such different jurisdictions allows you to deal with clients’ affairs as they expect.
Summary
The role of efficient foreign cooperation in the daily work of a patent attorney serving clients with rights and interests on other continents cannot be overestimated.
Knowledge of the detailed rules and procedures in force in individual countries, beyond the jurisdiction of the Polish trademark attorney, is crucial when applying for trademark protection, as well as in ensuring the legality of the entrepreneur’s operation under a given brand of products/services. It should be remembered that each country is governed by different legal orders, which requires a different view, and ultimately – different, unconventional advice. Cooperation with experienced local partners is therefore essential to ensure effective management of customer rights in foreign markets. Professional support, in turn, allows clients to generate more income and recognition, which always fills us with pride and satisfaction.
