File IP Rights and Enforce at Factories’ Home Court
As we have suggested many times on this blog and during our presentations around the United States (SCOE Seattle, Midwest eCom, Amazon Sellers Group in NY, etc.), you need to create and enforce your rights where the infringers are located.
Amazon Sellers with Private Labels – File IP Rights Where your Factory is Located
While they are not our client, a US company, Garage Pioneers of New Technologies, (GPNE Corp.) has filed suit in China against Apple for directly infringing GPNE’s patent that China issued back in 2001.
GPNE Corp., is a telecommunications research and licensing company that currently holds more than 30 patents worldwide and focuses on wireless and wired data communications.
GPNE Corp. did exactly what we are suggesting to all Amazon sellers with private label products: file for the protection of your intellectual property offshore.
The lawsuit claims that “computerized communications devices and computerized tablet devices,” like the iPhone and iPad made by apple, are infringing on patents GPNE owns. Gabriel Wong, founder of Hawaii based GPNE says that the patent at issue relates to “general packet radio service.” Essentially, this technology, as part of the 3G standard for GSM radio frequencies, allows for features like picture and video messaging, push-to-talk over cellular, always-on Internet access and point-to-point networking. GPNE is claiming indemnity of about $129 million.
According to Wong, the patent is protected in 14 countries, which includes the US, China, and Japan.
Prior to suing Apple, GPNE also filed suit against Motorola, Cisco, BlackBerry, Samsung, LG, Sony Ericsson, Sharp, HTC and Huawei in regard to the alleged patterns infringements. These companies mostly have reached patent permission agreements with GPNE, but not Apple. The litigation with these other companies began on January 28, 2013.
How Amazon Sellers Can File in Other Countries
Amazon sellers with private labels can do the same thing as GPNE, Corp.. If you are having your private label products manufactured in China, Vietnam, India or Thailand, or anywhere else, obtain the IP protections in those countries. File for your protection wherever you fear your products or goods will be copied.
The method for filing for trademark, copyright and patent protection in other countries can often be as simple as filling out a WIPO (World Intellectual Property Organization) form and paying fees less than $300.00.
Amazon sellers can protect themselves just like GPNE Corp., protected itself – file IP rights internationally in the countries where you feel the infringers are located.
By: CJ Rosenbaum, Esq., and Rob Segall, ASL Paralegal and future Associate Attorney