DEALING WITH INTELLECTUAL PROPERTY INFRINGEMENT IN EMERGING MARKETS

As the world grows more and more interconnected and interdependent, it’s easier for more and more businesses of even moderate size and budgetary reach to do business on an international scale. While this opens up the world markets and the possibilities of profits and revenues far beyond what a similarly-sized company might have expected even just a decade ago, it also brings with it increased challenges, especially concerning intellectual property in emerging markets that may end up requiring copyright infringement arbitration in various jurisdictions including California.

Challenges of the Emerging Market

There are several challenges to intellectual property rights in emerging markets:

• Discovery: infringement of intellectual property rights such as copyrights, trademarks and patents can often go undetected for some time in emerging markets because of the deep understanding of the culture and the market itself becomes increasing important.
• Lack of cultural protections: Some markets exist in cultures where intellectual property such as copyright is not as revered or respected as in the United States.
• Lack of legal protections: Many emerging markets have not yet developed the robust legal mechanisms required to effectively combat intellectual property violations, making copyright infringement mediation and arbitration often the only viable option.

Using California Copyright Infringement Arbitration

In many cases, launching arbitration in California over copyright infringement is the best possible approach, as the legal system in the emerging market may not be reliable, and arbitration is often a low-cost but effective way to both highlight and expose infringement and get real satisfaction concerning a resolution to the problem. Furthermore, arbitration awards are often enforceable in the US against foreign infringers which is particularly important for emerging markets. Where arbitration is an agreed upon vehicle for resolution, disputes can often be faster and less expensive than litigation.