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   have a question about protection
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   Author  Topic: have a question about protection  (Read 707 times)
indigomontoya
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have a question about protection
« on: Aug 4th, 2007, 8:58am »
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I have a question about IP protection.
 
Let's say that I have a protected product (either patent, trademark or copyright) in a certain country (let's say United States)
Obviously somebody else can sell my IP product in a non protected country (let's say China) but my question is:  
Can this person sell it on the web as well and ship it to a buyer in the United States?
Can I sue somebody for doing such thing? or do I need to sue the buyer (who is officially the importer since he bought it out of the country and brought it here)
 
Please let me know,
Indigo
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Bill Richards
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Re: have a question about protection
« Reply #1 on: Aug 5th, 2007, 3:13pm »
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on Aug 4th, 2007, 8:58am, indigomontoya wrote:
Can this person sell it on the web as well and ship it to a buyer in the United States?

Generally not.  This kind of activity is often handled by the U.S. International Trade Commission.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Suresh Sati
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Re: have a question about protection
« Reply #2 on: Aug 27th, 2007, 3:14am »
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Dear Sir,
 
You can sue the manufacturer, he may be in any country of the world as per the law of that country.
 
You can sue the buyer also as in intellectual property lnfringement all the conspirators/indulgers are accuseds whether he is a manufacturer, seller, printer, or  distributor.
 
If it is in India, you can contact us, we are in the field of protection of IPR for the last 27 years.
 
SURESH SATI
THE PROTECTOR, DELHI, INDIA
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Bill Richards
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Re: have a question about protection
« Reply #3 on: Sep 8th, 2007, 8:47am »
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on Aug 27th, 2007, 3:14am, Suresh Sati wrote:
You can sue the manufacturer, he may be in any country of the world as per the law of that country.

While this is true in a very broad sense, if an item is patented only in the U.S., one has very little power over "making, using, and selling" overseas.  It's only when it comes in contact with the U.S. in some way that a "stick" is created.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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