BY P. KANDIAH
VERY often, individuals, companies or even countries are accused of stealing Intellectual Property Rights (IPRs) belonging to another person or company. Allegations of IPR theft are often made by individuals who do not understand the real issues. This article will attempt to clear any misconceptions on the issue of IPR theft.
IPRs are generally statutory rights granted by each country in accordance with the laws of that particular country. IPRs such as patent rights, trademark rights and industrial design rights[ihc-hide-content ihc_mb_type=”show” ihc_mb_who=”2,3″ ihc_mb_template=”1″ ] are granted after the owner of the right (or applicant) had applied for a grant of the statutory rights in a particular country in accordance with the IP laws of that country.
An IPR granted in country A is valid and enforceable in country A only and not in any other country where a corresponding IPR has not been granted. For example, a patent for a certain technology granted in the US is only enforceable in the US under US law.
The owner of that US patent has no rights in any other country where a corresponding patent has not been granted or if granted, had since lapsed or been declared invalid by the local Patent Office or by the Courts in that country.
The law deems that what is not protected by IPR is deemed donated to the public and anyone is free to use the technology or reproduce the product or copy the process disclosed in the foreign granted patent.
So the basic rule is that if one does not want anyone in any country to copy or reproduce the technology that he/she has invented, or manufacture the product he/she has invented, then he/she has only one choice. That is to file and obtain the appropriate IPRs in that country within the IP law of that country. Otherwise the technology or the process of manufacturing the product (e.g., by reverse engineering) is deemed available to any member of the public. As emphasised, this practice is not theft of IPRs nor is it infringement of IPRs.
Caution: This article is for general information only and should not be considered as legal advice. The scope of IPRs is complex and inter-related. Readers are strongly advised to obtain professional advice from experienced IP practitioners before deciding to adopt or reproduce a product patented in another country with the intention of selling the product locally or exporting it to other countries.
[/ihc-hide-content]
