The Internet has recently been utilized to revolutionize politics and remake the world in the business arena. By tapping into the global network of consumers, entrepreneurs are able to launch new companies with much smaller up-front investments than they would have previously had to. By connecting politics and business, the Internet has opened new and creative ways for governments and negotiators to find solutions to problems. This article discusses how e-commerce and politics are interdependent and how the Internet can aid entrepreneurs in their quest for economic growth.
E-commerce has taken on a new role as a means for resolving international disputes. International trade deals are negotiated and approved through the United States Patent and Trademark Office (USPTO). In doing so, the USPTO allows foreign companies to apply for protection in the United States through the country’s patent system. As a result, they are allowed to manufacture and sell products that have a strong chance of entering into the American marketplace.
Businesses involved in international commerce must abide by many nations’ intellectual property laws. Specifically, these laws cover patents, trademarks, copyrights, and trade secrets. International agreements have been created to speed up international trade and to decrease barriers to trade. One such agreement is the GII. The GII, or Global Intellectual Property Rights Agreement was created in order to harmonize international intellectual property laws and provide an independent forum for resolving disputes between international businesses and governments.
One way that international companies negotiate these laws is by using a UST Patent attorney. A UST patent attorney represents a company in a legal dispute with a foreign company that may be violating intellectual property rights in the United States. UST attorneys perform a number of tasks. First, they must review documents and perform research in order to determine whether there are any infringement claims against the foreign company. If there are infringement claims, the attorney will obtain a trademark application from the foreign company and represent the company in a trademark application proceeding.
Once the trademark application has been filed with the United States Patent and Trademark Office (USPTO), the business owner has the opportunity to submit evidence of an international infringing activity. Evidence can include but is not limited to, emails, business cards, sales brochures, letters, and articles. Failure to provide adequate evidence of an international infringing activity, or an unwillingness to cooperate with the USPTO, could result in the loss or suspension of a foreign company’s UST protection. Suspending protection is a serious decision that should never be made lightly.
In order to be successful at applying for protection in the United States, a foreign company must be organized and follow an international business model. For example, a company that engages in international commercial activities must establish a written business plan that details the products and services it offers, as well as how those products and services will be marketed and offered internationally. The company also must engage in international advertising and marketing efforts that highlight its products and services and attract target customers from various nations. Each nation, in turn, requires a different approach to proving the value of its domestic industry. Failure to comply with the laws and requirements of each nation could result in serious damage to a foreign business and result in an enormous amount of monetary losses for the international company.
Before applying for a trademark in the United States, a foreign company must establish its legal presence in the United States. To establish its legal presence, a foreign company must register its foreign trade name in the United States Patent and Trademark Office (USPTO). To register a trademark in the United States, a foreign entity must submit prior to submitting its foreign application for registration, a declaration that the foreign entity will practice that particular trademark in the foreign nation and that the registration of the trademark in the United States will prevent any unfair competition by that entity in the United States. In addition to registering a trademark, a foreign company must submit to the USPTO an application for its foreign country registration. Failure to comply with these requirements could result in fines or penalties.
There are three basic aspects to consider before applying for a trademark in the United States. The first aspect to consider is whether the goods or services in the United States would have greater recognition in other countries if the mark had been registered in that other nation. Another aspect to consider is whether the goods or services offered by the foreign entity can be protected under the relevant law in the foreign country. And the final aspect to consider is whether the applicant’s goods and services meet the requirements of the country’s government and consumers in order to ensure protection from unfair competition from the foreign entity.
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