RJM Litigation Group

To schedule a consultation with Richard Mooney,
call 415-763-0321 or send us a request through email.

To schedule a consultation with Richard Mooney,
call 415-763-0321 or send us a request through email.

Representing Clients From More Than 30 Countries On Three Continents

Complexity, exemplified in transnational disputes

| Jan 26, 2021 | International Law |

Some strategic partnerships can benefit both a company and the communities in which transnational business agreements develop. However, global integration often comes with a cost of cultural mistakes and communication trials. It also tends to concern different laws.

Intellectual property (IP) disputes are quite common in innovation. Therefore, inventors attracted to global expansion should mitigate risk. A knowledge of problematic business scenarios can help.

Claims may be present under circumstances which include:

Indigenous traditions. In cases where research relates to traditional healing, assumed IP protections may include deeply held religious beliefs. As such, the disclosure of one’s study of natural therapies could come into question. This may be especially troublesome if those results are published and used elsewhere to create and patent remedies for profit.

Collaborative ownership. Depending on the agreements formed, those directly involved in bringing a product to fruition should get recognition. However, the cost-prohibitive nature of taking legal action against an organization in an industrialized nation could leave researchers lacking proper credit, rights and proceeds.

Global development. Inventors with patents on products being manufactured around the globe could face disputes under various jurisdictions. For example, those producing required components may want to protect their interests through royalty payments, according to their licensing agreement.

Regardless of whether projects involve entities in member countries of the World Intellectual Property Organization (WIPO), success often rests on much more than strategy. While working within your legal rights, you may need to develop a balance between protecting your immediate interests and that of a long-term working relationship.