INDUSTRIAL AND INTELLECTUAL PROPERTY.

INTERNATIONAL PROTECTION

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The so-called intangible assets are an important competitive advantage for any company, so the establishment and implementation of a corporate policy for the protection of these assets, also outside our borders, is essential. 

Regulation 

Industrial property rights are essentially rights of a territorial nature, so that in principle the national law of each country should apply, without prejudice to any international agreements that may be applicable. 

Basic aspects to take into account (not exhaustive):

• Registration strategy: taking into account the territories in which distinctive signs (trademarks), inventions or designs are to be protected, the most efficient possible registration strategy should be devised. 

There are regional and EU rules that allow these rights to be protected in several territories through a single application. 

• Trade marks and distinctive signs in general: it is advisable to register the trademark in the territory in which the company intends to establish itself or export, even prior to any commercial action. 

The particularities of each territory must be taken into account. In China, for example, it is generally recommended to register the trade mark in Chinese characters (transliteration). 

• Patents: inventions should be registered as patents or utility models in those territories where they are to be marketed or used. To this end, the invention must be novel, inventive and industrially applicable. 

The use of a patented technology does not exclude that it may infringe third party patents, which is why, before introducing a product or process in a new territory, it would be advisable to rule out that it infringes third party rights (for this purpose, technical studies called freedom to operate are carried out). 

• Know-how and confidentiality: before entering into negotiations with a third party that may involve the disclosure of any confidential information, a confidentiality agreement must be concluded. 
• Exploitation of industrial property rights by third parties: for this exploitation, the relevant industrial property rights licensing agreements must be concluded. Such licensing agreements may be included in a broader contract, for example a distribution or franchise agreement.