Intellectual Property Protection in Export Markets Flashcards

Which international agreement establishes minimum standards for intellectual property protection that all WTO member countries must uphold?

Answer: TRIPS Agreement

The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), administered by the WTO, sets minimum IP protection standards binding on all member countries.

A U.S. company plans to export products bearing a distinctive logo to foreign markets. What is the MOST important step to protect that logo abroad?

Answer: Register the trademark in each target export market

Trademark rights are territorial, so a U.S. registration provides no protection in foreign markets; separate registration is required in each target country.

Which international filing system allows U.S. businesses to seek trademark protection in multiple countries through a single application filed with WIPO?

Answer: Madrid System

The Madrid System, administered by WIPO, allows trademark owners to file one international application extending protection to over 130 member countries.

A U.S. exporter discovers counterfeit versions of its products are being imported into the United States. Which agency can seize those goods at the U.S. border?

Answer: U.S. Customs and Border Protection

U.S. Customs and Border Protection (CBP) enforces recorded IP rights at the border and has authority to detain and seize counterfeit or infringing goods.

What type of intellectual property protection covers the unique ornamental or aesthetic design of a manufactured product?

Answer: Design patent

A design patent protects the ornamental appearance of a product, as distinct from a utility patent which covers how the product functions.

A U.S. software company exporting its products does NOT need to formally register to receive which type of IP protection for its original source code?

Answer: Copyright

Copyright protection arises automatically upon creation of original works, including software code, without requiring formal registration under the Berne Convention.

When a U.S. exporter grants a foreign distributor the right to use its technology, what document governs the terms, royalty payments, and permitted uses?

Answer: Licensing agreement

A licensing agreement is the legal contract that defines the scope, duration, royalty terms, and restrictions under which a licensee may use the licensor's intellectual property.