Learning About Treaties from the Expert
Dennis Forbes, USPTO Photographer

Okay, you now have all the clues. You know if you have captured the perpetrator of piracy. But don't you want to know if you have a solid case against this last suspect. Read on to see of you are still the best detective around!

What happens if you are granted a patent here in the United States but someone in another country tries to steal your property? We know that a patent protects the intellectual property of an inventor, and no one may copy it without the inventor’s permission.

The U.S. Patent and Trademark Office can only protect your rights within the United States. This means that anyone in the United States may not infringe upon the patent by buying it in another country and trying to use it or sell it here.  This includes personal use. However, a United States patent does not guarantee that your invention will be safe from piracy or counterfeiting outside the U.S.  That is why international patent agreements are important.

International IPR (Intellectual Property Rights) treaties list the rules and regulations that over 100 countries recognize.  Without these rules, intellectual property would not be protected, which in turn would cause a loss of income for the inventor. All the people that helped the inventor to market (sell) his product would lose their jobs.  This would then impact on the economic growth of the country. When jobs are lost, people cannot pay their bills.  Many would have to ask the government to help.

The FBI and other agencies around the world report that about 8% of world trade is based on counterfeiting protected goods. That adds up to about $500,000,000,000 (billions!)in lost sales per year. That amounts to about $250,000,000,000 in lost revenue (money) for the United States alone and costs approximately 750,000 jobs to be lost as well!

One significant international IPR treaties is the Paris Convention for the Protection of Industrial Property that has been signed by 140 countries. It grants citizens of member countries the same patent and trademark protection it grants its own citizens.

The United States also has signed the Patent Cooperation Treaty that includes 100 other countries. It provides people with a single, uniform (same)
patent application and process. There are lawyers that specialize in filing applications in countries other than the United States. However, someone who seeks a foreign patent must first get a license from the Director of the USPTO before filing an application in another country.

The United States is a member of the World Intellectual Property Organization and the World Trade Organization (WTO). The WTO makes sure that member countries obey the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement that was signed by member countries in September, 1994. The TRIPS agreement is the first agreement that contains enforcement procedures or the right of the patent holder to sue in a court.

Trademarks can also be protected from being used in other countries without permission. To get this added protection, the holder of the trademark must file with the Bureau of Customs and Border Protection.

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