International Intellectual Property – Case Study #1

International Intellectual Property – Case Study #1

Originally posted 2018-11-19 11:21:35

Imagine a publishing firm based in the United States called “PJD Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United States however, this is as known as piracy, and is illegal. If a citizen of Canada had digital files of PJD Publishing’s works and decided to distribute them for free, although this would legal in Canada, they would be in violation of The United States copyright law. Creating a consistent legal framework internationally are the efforts of international intellectual property law. In achieving this, intellectual property owners do business internationally while being protected by global intellectual property standards.

Copyrights, along with trademarks and patents, are examples of intellectual property. Intellectual property can be defined as the products of the mind.  Opposed to real or personal property, such as a house or car, intellectual property is intangible, but interpreted in such a way that allows a physical existence, and possesses exclusive property rights. Examples of intellectual property would be images, symbols, names, designs, industrial processes, artistic, literary, and musical works, and software.

Intellectual property in the international arena is highly treaty bound, and works toward enabling the enforcement of private rights across borders.  A challenge in determining international intellectual property law is determining what rights an intellectual product is subject to in a country other than the one it was produced in.

The internationalization of the market for intellectual goods has caused for nations to design an increasingly elaborate web of treaties between one another. Such efforts have resulted in a layer of international law making that interacts with each nation’s domestic intellectual property laws. These treaties have been designed to ensure that foreign intellectual property owners will be treated equitably in terms of local Intellectual property norms, and have coordinated international norms for what typical intellectual property protection should look like.

For more information about INTERNATIONAL INTELLECTUAL PROPERTY, contact the AMD Law Group at or 800-605-0785.

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