How to Resolve International Intellectual Property Disputes

Step-by-Step Guide

1. 1

   Step 1: Identify the violation of your intellectual property rights.

   You can try to resolve the dispute by sending a letter to the violator and warning them to stop the violation.
   
   Someone can violate your intellectual property (IP) rights in a variety of ways.
   
   You should gather information about the violation before sitting down to draft your cease and desist letter.
   
   For example, someone might be counterfeiting goods and using your trademark on them.
   
   Try to get samples of the counterfeit goods.
   
   Alternately, someone could be selling bootleg copies of your music or literary creation.
   
   Get copies or print off the website pages where the copies are being sold.
   
   Someone also might have taken your patent and used the specifications included in your patent application to manufacture the product.
   
   If so, get samples of the product.
2. 2

   Step 2: Format the cease and desist letter.

   You should format the letter like a regular business letter.
   
   Set the font to a readable size and style.
   
   Times New Roman 12-point works for most people.
   
   Always remember to include the date on your letter.If you end up in court, you want to establish when the defendant had notice of the infringement. , You can write, “I am writing on behalf of AmeriStyle Corporations, located in Raleigh, North Carolina.
   
   AmeriStyle provides specialty clothing for men and women as well as children.” , Explain to the recipient that you have the IP rights.You should specifically mention if you have registered the intellectual property and where.
   
   Also include registration numbers.
   
   For example, you could write, “I currently hold the trademark to the ‘AmeriStyle’ name as well as to our logos, copies of which I have attached.
   
   We have registered the trademarks in your country on August 31,
   2008.
   
   Our registration numbers are…” , Tell the violator in as much detail as possible how he or she has violated your IP rights.Be sure to explain how you became aware of the violation.
   
   For example, you could write, “Recently, I became aware of your use of the ‘AmeriStyle’ trademark.
   
   I received complaints from consumers in your country that they had bought goods which were substandard.
   
   However, we do not sell our goods in your country.
   
   When we reached out to the consumers, they forwarded samples of the goods.
   
   These goods are counterfeit and use our trademark in an unauthorized manner.” , Be clear, although you should avoid being rude.
   
   Make sure that you include a threat to bring a lawsuit if the person doesn’t stop using your intellectual property.
   
   For example, you could write, “I request that you cease all continuing or future use of my trademarks.
   
   If you do not immediately cease, then I will instruct my lawyer to take appropriate legal action to protect my intellectual property rights.
   
   Any continued infringement from the date of receiving this letter will be considered willful.”, You will probably have to mail the letter to a foreign country.
   
   Try to use a mail service that provides for tracking or for a signed receipt.
   
   You will want some kind of evidence that the letter was actually delivered.
   
   If you have the email address for the violator, then send the cease and desist letter as an email as well.
3. 3

   Step 3: Identify yourself in the first paragraph.

4. 4

   Step 4: Identify your intellectual property rights.

5. 5

   Step 5: Explain how the recipient is violating your IP rights.

6. 6

   Step 6: Include a request to cease all violations.

7. 7

   Step 7: Deliver the cease and desist letter.

Detailed Guide

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