◊ VRP Law-The Intellectual Property and Employment Law Blog.
Provided by Vihar R. Patel and Sponsored by Enterprise Law Group, LLPArchive for August, 2008
Employment Law Services Video
This video provides a brief introduction to our specialized employment law services. The video also illustrates our firm’s focus on preventing disputes and ensuring that litigation achieves our client’s desired individual or business goals.
How do I prevent the importation of patented goods?
Patent Owners (individuals and corporation) are often times concerned about the infringement of their patent by overseas manufacturers. Although 35 USC 271 does not typically apply internationally, there is a way a patent owner can protect his US Market.
35 USC 271 (g) permits a patent owner to prevent another from infringing his patents by importing goods manufacutured overseas. In our new borderless economy, this provision is extremely useful to prevent infringing goods made in countries that have lax patent laws from competing with a U.S. patent owner’s products.
The first step in protecting competitors from performing an end around on your patent, may be a complaint with the International Trade Commission (ITC). For additional information on the ITC process see our publication on the ITC proceedings summary.
However, if you are unable to obtain an exclusion order from the ITC, you do have the option of initiating a patent infringement suit under 35 USC 271 (g) in Federal Court. Understanding how 35 USC 271 (g) can be utilized to protect domestic interests is vital in an economy that continues to shift manufacturing and production responsibilites to countries with weaker patent protection.
Confidentiality Agreements-Do I need one?
The importance of a good confidentiality agreement cannot be overstated for an intellectual property owner. Whether your are a copyright, trademark, patent or trade secret owner it is crucial to have a good confidentiality agreement in place to protect your intellectual property. Having a good confidentiality agreement protects against another profitting from your IP without your consent.
However, these confidentiality agreements need to be clearly drafted to define the confidential information, the permitted uses, exclusions to avoid overreaching, and avoid any implied transfer of your intellectual property rights. For example, an author should always have a good confidentiality agreement before submitting any work to a publisher to protect his copyrights. A new joint venture may require disclosure of business processes to an unknown partner or a potential competitor, without a good confidentiality agreement you could end up training your future competitors.
Finally, a good confidentiality agreement is crucial to employers and employees as well to ensure potential conflicts or disputes that may occur upon a separation of employment. Taking the time to create a confidentiality agreement before undertaking a new business venture or hiring a unknown employee can prove invaluable in protecting the IP assets you have worked hard to develop!
