CHAPTER 10
Key Issues Related to IP Rights Internationally Societal Recognition of IP Rights A prime reason that IP laws vary from country to country is that the concepts of property have developed differently among the societies of the world in two respects: recognition of intangible property rights and recognition of individual property rights. Initially, recognition of intangible property rights occurred primarily in Europe, the Americas, and countries and territories under their influence. The laws of many countries have therefore failed until the modern era to protect property rights in intellectual works. Even today, some countries are more progressive than others in expanding their IP laws to cover new types of works. In countries ruled under socialist or communist law, the political philosophy disfavors individual property rights in favor of communal rights. Although these countries have and are developing modern IP laws, enforcement of IP rights is often difficult because the populace has been educated to understand that property rights are common to all. An international trader will therefore find more protection and ready enforcement of IP rights in some countries and regions of the world than in others. If a trader is operating in countries with minimal IP protection, the trader may need to take his or her own measures to protect IP from infringement as much as possible. CULTURAL ISSUES RELATED TO DEVELOPMENT OF IP
Cultural differences will affect the value, meaning, and acceptance of your IP in foreign markets. The IP you choose to market or to use in connection with your products or services will be successful in capturing a significant market share only if you have taken into account cultural differences. You must be sufficiently flexible in developing and using your IP to ensure that the culture of your customers is respected. The success of your business depends on it. In a commercial context, culture is a set of conventions that indicate the preferences of a society in relation to marketplace. These conventions suggest the etiquette, traditions, values, and living styles of a group of people. When trading internationally, you must be aware of and sensitive to other cultures, and you must adapt your IP to the preferences of the foreign market. Culture applies to people, not to nations. Although it may be possible to identify an overall culture for a particular country, many subcultures are likely to exist. Once you have identified the foreign countries where you intend to market your IP and have learned the cultural rules that you think might apply, you should avoid clinging to the rules as preconceived notions. Flexibility and adaptation are extremely important, particularly in the fast pace of today’s world where people
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