Do trademarks and copyrights transfer across borders?

弁護士

Hi,

The international regime of these rights is very different.

A work protected by copyright in the UK will be presumed protected in most other countries member of
multinational conventions of Berne (1886) and Geneva (1952) by the mere fact of its creation and even if it is incomplete, even in the countries of Anglo-Saxon tradition providing a filing (to facilitate compensation of infringement). You do not have to make any particular approach to extend the protection of your copyrights abroad. In Europe, for example, you can take some additional precautions to reinforce the existence and ownership of your rights as additional deposits to proof of the date and authorship of your creations. But I guess you already have copyright filing(s) in the UK.

The international situation of trademarks is completely different: a trademark is acquired by its filing and registration in most countries, even if the use can be acquisitive in others and is protected only in the territory of the country of registration. If you want to enjoy the protection of your trademark beyond the UK for example - where I imagine it is already filed and registered - you will have to consider its extension through an international and/or Community recording to be able to invoke your trademark in other countries against any alleged infringers.

Of course, we are at your disposal to watch all this closely and assist you, particularly in France and the rest of Europe.

Sincerely yours,
Simon

商標エージェント

As suggested by Simon a Community Trademark to be filed would be useful to cover it in n.28 Countries with one unique procedure and for 10 years if there wouldn't be any opposition by third parties.
If you desire to cover it also in Switzerland then the most European territory would be protected for 10 years. At your disposal.

IPブローカー

Trademarks have to be registered separately in each country but the real questions what is worth protection and do you have the resources to enforce? If someone decided to screen-scrap all your content, how will you detect and interdict (InfoSec) or track employee that may have been bribed to clone the software. Who is actively scanning competitors for infringement? The law just makes it easy for legal recourse but that is slow and often expensive.

弁護士

I think it is too early to plan about protecting IP in multiple jurisdictions. It all depends on how the business flourishes which will decide the value of the IP invested . Still if you want to , in order to register trademark in multiple jurisdictions, the Madrid Protocol has laid down a streamlined process, and UK being a member of the protocol will make it more easy to register trademarks in other member countries.

IPコンサルタント

Hello: Registering a trademark in one country does not transfer it to other countries. Trademark Registrations are national, and there are other Trademark Registrations which are regional such as the European Trademark. Copyrights are protected once they are fixed in a tangible media. Regards, Rafael BELTRAN