Each country has its own intellectual property laws and requirements and, when facing a cross-border intellectual property dispute, each country’s laws should be carefully considered.

Challenges in International IP Litigation Disputes

Some of the key issues and challenges arising in international IP litigation disputes include:

• Navigating any language barriers and translations of documents
• Determining which country or jurisdiction’s laws will be applied to the dispute
• Deciding where the dispute should be adjudicated
• Learning of any local laws on data privacy and protection that may be relevant in the litigation
• Understanding how parties can enforce any judgments received internationally
• Exploring a possible option of participating in international arbitration

How to Navigate Cross-Border Intellectual Property Disputes 

In many situations, companies may begin to establish a process on how to navigate cross-border IP disputes before a dispute ever arises. For example, if you are entering into an IP license agreement with a company in a different country, this agreement should address what steps may be taken in case of future disputes. These may include a mutual agreement on which country’s courts and laws may be applied in disputes. The agreement may also include an arbitration clause. Where possible, having procedures in place to address cross-border IP disputes would be best.

However, if you are involved in a dispute that is unanticipated, navigating the laws and litigation procedures of different jurisdictions can be tricky. Conducting a cost-benefit analysis when you first learn of a dispute may help decide what the best course of action may be. 

In order to protect and enforce your intellectual property rights across multiple jurisdictions, having the right team in place is also essential to help navigate the challenges that may arise in cross-border IP disputes and may increase the chances of a successful outcome.

An Experienced IP Litigation Attorney Can Help 

If you are involved in a cross-border IP dispute, negotiating a cross-border IP licensing agreement, or looking to implement best practices and protection for your IP in international markets, speaking to an intellectual property attorney specializing in cross-border IP protection and litigation can be very helpful. 

Our attorneys are experienced in handling all types of international intellectual property matters. We can help you with your cross-border IP matters and offer guidance throughout the process. Feel free to schedule a consultation with an IP attorney at our firm or give us a call at 212 520 7881.