METHOD OF IPR PROTECTION ABROAD

Deriving from the territorial characteristics of intellectual property rights (hereinafter referred to as “IPR”), in order to be protected for IPR in any country, the right holder needs to register for protection and is entitled to the rights of the right holder according to the regulations of that country. There are three main ways to register for IPR protection in other countries.

1. By country

Enterprises can choose to be protected in each individual country by registering directly at the IP or industrial property offices of those countries.

The application may be translated into a specified language, usually the official language of that country. Businesses will have to pay national filing fees and, in particular, for inventions, they may have to authorize an individual or organization to represent IP to ensure that the application meets the needs of that country. 

2. By the regional way

Some countries have established regional agreements to obtain IP protection in the entire regional territory with a single claim of protection. Regional IP offices include: 

– European Patent Office (EPO). Website: https://www.epo.org/

– European Union Intellectual Property Office (EUIPO). Website:https://euipo.europa.eu/ohimportal/en 

– The African Regional Intellectual Property Organization (ARPIO). Website: https://www.aripo.org/ 

– Organization Africaine de la Propriété Intellectuelle (OAPI). Website: http://oapi.int/index.php/fr/ 

– Auprès de l’Office Benelux de la Propriété Intellectuelle (BOIP). Website: https://www.boip.int/fr 

– Patent Office of the Cooperation Council for the Arab States of the Gulf (GCCPO). Website: https://www.gccpo.org/ 

3. By the international way

The international filing and registration systems administered by WIPO greatly simplify the procedure for the simultaneous registration of IPR protection in many countries. These systems include three protection mechanisms for different types of industrial property rights. 

– The international filing system is established under the Patent Cooperation Treaty (or PCT System) 

– International registration of label is supported by the Madrid system.

– International application of industrial designs is provided for by the Hague Agreement.