[IP Academy] A must-see for enterprises going overseas: analysis of three common misunderstandings of cross-border intellectual property protection

 

In the global business environment, more and more Chinese companies are sailing to the sea, but the lack of awareness of intellectual property protection often becomes an "invisible reef". In the process of serving many overseas enterprises, Cairn Topology has found that many enterprises are in trouble in protecting their rights due to insufficient understanding of international intellectual property rules. Today, we will analyze the three most common misunderstandings in cross-border intellectual property protection.

 

The first misconception is "operate first and protect later". Many enterprises believe that it is not too late to apply for intellectual property rights after the product has gained a firm foothold in the overseas market, but many countries implement the "first-to-file principle", and when the brand has a certain reputation, it is often found that the trademark has been preemptively registered. To make matters worse, some countries, such as the United States, also have "prior use" requirements, which may be revoked even if the registration is successful if proof of use in the local market cannot be provided. The second common misconception is that "one country's registration is universal". In fact, with the exception of regional IP systems such as EU trademarks, IP protection in most countries is territorial. Enterprises need to lay out the target market one by one, especially in emerging markets such as Southeast Asia and the Middle East, and they should do a good job of trademark search and registration planning in advance.

 

The third misconception that is most easily overlooked is that "rights protection can be remedied after the fact". In fact, the cost of cross-border rights protection is often 5-10 times that of a preventive layout. Taking e-commerce platform infringement as an example, taking action when counterfeit goods are found to be rampant not only requires a lot of investigative resources, but also may face challenges such as difficulty in collecting evidence and a long litigation cycle. Cairtopo recommends that enterprises establish a full-cycle management system of "prevention-monitoring-response", and build a protective barrier through regular market monitoring, customs filing and other measures.

 

It is worth noting that the strategies for protecting rights in different jurisdictions are also very different. In Southeast Asian countries, administrative law enforcement is relatively efficient; In the European and American markets, civil lawsuits and injunction applications are more common. Enterprises need to formulate differentiated intellectual property protection plans according to the legal environment and industry characteristics of the target market. Cairtopo has a service network covering the world's major economies, which can provide enterprises with one-stop services from layout consulting to infringement response, helping Chinese brands sail smoothly.