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