USPTO VS EUIPO

U.S. PATENT AND TRADE MARK OFFICE IP ATTACHE NETWORK

The USPTO’s IP Attaché Program is a valuable resource for U.S. businesses and legal practitioners who are experiencing problems with protecting their IP rights abroad or who are considering entering a foreign market.

The IP Attaché Program consists of 13 attachés, who are IP experts posted to U.S. embassies and consulates in 10 countries throughout the world: Belgium, Brazil, China, India, Kuwait, Mexico, Peru, Switzerland, Thailand, and Ukraine. Other than the  attachés based in China and Switzerland, each attaché has regional coverage. Their mission is to advocate for U.S. IP policies and stakeholder interests in their countries or regions.

1. Europe (Belgium): EU, European Institutions, UK, Iceland, Liechtenstein, Norway and Switzerland
2. Brazil: Mercosur, French Guyana and Suriname
3. China-Beijing (National issues in China plus Beijing and Shenyang)
4. China-Guangzhou (Southern, Southwestern, and Southeastern China including Hong Kong and Macao)
5. China- Shangai (Eastern and Central China plus Taiwan)
6. India (Southeast Asia)
7. Mexico (Mexico, Central America and the Caribbean)
8. Peru (Bolivia, Chile, Colombia, Ecuador, and Peru)
9. Thailand (Southeast Asia
10. Ukraine (Central Asia and the Western Balkans)
11. United Arab Emirates (Middle East and North Africa)
12. US Mission to WIPO/WTO (WIPO, United Nations, and WTO)

The IP attachés are a free resource for U.S. businesses and other stakeholders, who can provide detailed information about the laws and regulations, legislative developments, and legal and administrative means to protect, enforce and license IP rights in a particular country or region. The attachés can also apprise stakeholders about the region-specific risks to a particular industry or field, such as mandatory requirements for the licensing of technology, or notorious trade routes or ports with high trafficking of counterfeit goods.

In addition, the IP attachés work closely with the Office of the U.S. Trade Representative and the U.S. Department of State to engage with and educate foreign government officials on why and how to improve the effectiveness of IP systems. As diplomats, the attachés can meet with foreign government officials who may be inaccessible to U.S. stakeholders. U.S. businesses or their counsel who are experiencing IP issues abroad can contact the attaché to seek assistance.  Attaché assistance may include advocating with foreign officials to improve systematic issues with an IP system.

The IP attachés also work with U.S. businesses and their counsel to organize and conduct training workshops for judges, prosecutors, police, and customs officials about best practices for IP enforcement. The workshops address a variety of topics, such as how to identify and seize counterfeit and pirated goods, as well as strategies for executing search warrants and charging entities engaged in IP misappropriation and theft. These workshops have led to tangible improvements in the enforcement regimes in regions and countries in which they have been held, often resulting in the seizure of counterfeit goods.

IP attachés may train officials on digital enforcement of IP rights, including how to investigate and prosecute digital piracy.

EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) IP ATTACHE NETWORK

The EUIPO is deploying IP experts in certain regions or countries where the European Commission (DG Trade) needs to reinforce its capacity to offer expert IP support to EU businesses. Among other things, IP Attachés represent the EUIPO and facilitate the relations with the respective country/region’s authorities and stakeholders in the IP field, including trade marks and designs. IP Attachés answer to both the European Commission and the EUIPO.

The EUPIO IP Attaché Program consists 5 attachés

1. China (Beijing)
2. Latin America (Buenos Aires, Argentina)
3. South East Asia  (Bangkok, Thailand).
4. Switzerland EU Delegation in Geneva (WIPO, United Nations, WTO)
5. Belgium (Brussels European Commission (DG Trade)

In practice

The EUIPO deploys IP experts in regions and countries where the European Commission has felt the need to reinforce its capabilities on intellectual property matters. The IP attachés work hand in hand with other EU staff in EU delegations in third countries to defend EU interests. The main objective is to offer a more tailored support to EU business.

The IP Attaché’s tasks

The IP attachés provide the EU Delegations with expert knowledge on intellectual property matters. Moreover, they play an important role in terms of intelligence analysis and reporting to EU headquarters. Their tasks consist of:

• Representing the EUIPO and facilitating the relations with both the respective country/region’s authorities and the country/region’s stakeholders in the field of IP, including trade marks and designs;
• Raising IP awareness in the countries’ private sector companies in order to boost EU registrations from non-EU rights holders;
• Offering advice on enforcement to EU rights holders that decide to move their business to the countries from IP Attaches’ assigned geographical areas;
• Promoting the use of existing tools (such as TMview or DesignView) developed by the EUIPO that should complement their daily work, especially when tasked with helping protect the IP rights of EU businesses.

In addition, IP attachés work in close contact with EU intellectual property cooperation projects in their geographical area that are managed by the EUIPO, such as IP Key Latin America, South-East Asia and China.