Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: indigomontoya on Aug 4th, 2007, 8:58am)

Title: have a question about protection
Post by indigomontoya on Aug 4th, 2007, 8:58am
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

Title: Re: have a question about protection
Post by Bill Richards on Aug 5th, 2007, 3:13pm

on 08/04/07 at 08:58:48, 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 (http://www.usitc.gov/trade_remedy/int_prop/index.htm).

Title: Re: have a question about protection
Post by Suresh Sati on Aug 27th, 2007, 3:14am
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

Title: Re: have a question about protection
Post by Bill Richards on Sep 8th, 2007, 8:47am

on 08/27/07 at 03:14:48, 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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