a mistaken belief that the USG can provide a political resolution to a legal problem mayfind that their rights have been eroded or abrogated due to doctrines such as statutes <strong>of</strong>limitations, laces, estoppels, or unreasonable delay in prosecuting a law suit. <strong>In</strong> noinstance should USG advice be seen as a substitute for the obligation <strong>of</strong> a rights holderto promptly pursue its case.It is always advisable to conduct due diligence on partners. Negotiate from the position<strong>of</strong> your partner and give your partner clear incentives to honor the contract. A goodpartner is an important ally in protecting IP rights. Keep an eye on your cost structureand reduce the margins (and the incentive) <strong>of</strong> would-be bad actors. Projects and salesin the EU require constant attention. Work with legal counsel familiar with local laws tocreate a solid contract that includes non-compete clauses, and confidentiality/nondisclosureprovisions.It is also recommended that small and medium-size companies understand theimportance <strong>of</strong> working together with trade associations and organizations to supportefforts to protect IPR and stop counterfeiting. There are a number <strong>of</strong> theseorganizations, both EU- and U.S.-based. These include:• The U.S. Chamber and local American Chambers <strong>of</strong> Commerce• National Association <strong>of</strong> Manufacturers (NAM)• <strong>In</strong>ternational <strong>In</strong>tellectual Property Alliance (IIPA)• <strong>In</strong>ternational Trademark Association (INTA)• The Coalition Against Counterfeiting and Piracy• <strong>In</strong>ternational Anti-Counterfeiting Coalition (IACC)• Pharmaceutical Research and Manufacturers <strong>of</strong> America (PhRMA)• Biotechnology <strong>In</strong>dustry Organization (BIO)A wealth <strong>of</strong> information on protecting IPR is freely available to U.S. rights holders. Someexcellent resources for companies regarding intellectual property include the following:• For information about patent, trademark, or copyright issues -- includingenforcement issues in the US and other countries -- call the STOP! Hotline: 1-866-999-HALT or register at www.StopFakes.gov.• For more information about registering trademarks and patents (both in the U.S.as well as in foreign countries), contact the US Patent and Trademark Office(USPTO) at: 1-800-786-9199.• For more information about registering for copyright protection in the US,contact the US Copyright Office at: 1-202-707-5959.• For US small and medium-size companies, the <strong>Department</strong> <strong>of</strong> Commerce <strong>of</strong>fersa "SME IPR Advisory Program" available through the American Bar Associationthat provides one hour <strong>of</strong> free IPR legal advice for companies with concerns inBrazil, China, Egypt, <strong>In</strong>dia, Russia, and Thailand. For details and to register,visit: http://www.abanet.org/intlaw/intlproj/iprprogram.html• For information on obtaining and enforcing intellectual property rights andmarket-specific IP Toolkits visit: www.StopFakes.gov This site is linked to theUSPTO website for registering trademarks and patents (both in the U.S. as wellas in foreign countries), the U.S. Customs & Border Protection website to recordregistered trademarks and copyrighted works (to assist customs in blocking2/18/2010 <strong>Country</strong> Commercial Guide for France 28INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICEAND U.S. DEPARTMENT OF STATE, © 2010. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.
Copyrightimports <strong>of</strong> IPR-infringing products) and allows you to register for Webinars onprotecting IPR.- For an in-depth examination <strong>of</strong> IPR requirements in specific markets,toolkits are currently available in the following countries/territories: Brazil,Brunei, China, Egypt, European Union, <strong>In</strong>dia, Italy, Malaysia, Mexico,Paraguay, Peru, Russia, Taiwan, Thailand, and Vietnam.- For assistance in developing a strategy for evaluating, protecting, andenforcing IPR, use the free Online IPR Training Module onwww.stopfakes.gov.The EU’s legislative framework for copyright protection consists <strong>of</strong> a series <strong>of</strong> Directivescovering areas such as the legal protection <strong>of</strong> computer programs, the duration <strong>of</strong>protection <strong>of</strong> authors’ rights and neighboring rights, and the legal protection <strong>of</strong>databases. Almost all Member States have fully implemented the rules into national law;and the Commission is now focusing on ensuring that the framework is enforcedaccurately and consistently across the EU.Key Link: http://ec.europa.eu/internal_market/copyright/documents/documents_en.htmThe on-line copyright Directive (2001/29/EC) addresses the problem <strong>of</strong> protecting rightsholders in the online environment while protecting the interests <strong>of</strong> users, ISPs andhardware manufacturers. It guarantees authors’ exclusive reproduction rights with asingle mandatory exception for technical copies (to allow caching), and an exhaustive list<strong>of</strong> other exceptions that individual Member States can select and include in nationallegislation. This list is meant to reflect different cultural and legal traditions, and includesprivate copying "on condition right holders receive fair compensation."Key Link: http://eurlex.europa.eu/pri/en/oj/dat/2001/l_167/l_16720010622en00100019.pdfPatentsEU countries have a "first to file" approach to patent applications, as compared to the"first to invent" system currently followed in the United States. This makes early filing atop priority for innovative companies. Unfortunately, it is not yet possible to file for asingle EU-wide patent that would be administered and enforced like the CommunityTrademark though negotiations are progressing (see below). For the moment, the mosteffective way for a company to secure a patent across a range <strong>of</strong> EU national markets isto use the services <strong>of</strong> the European Patent Office (EPO) in Munich. It <strong>of</strong>fers a one-stopshopthat enables rights holders to get a bundle <strong>of</strong> national patents using a singleapplication. However, these national patents still have to be validated, maintained andlitigated separately in each Member State.Key Links: http://ec.europa.eu/internal_market/indprop/patent/index_en.htmhttp://www.european-patent-<strong>of</strong>fice.org2/18/2010 <strong>Country</strong> Commercial Guide for France 29INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICEAND U.S. DEPARTMENT OF STATE, © 2010. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.
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WEEE & RoHSEU rules on waste electr
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President Sarkozy in 2007. In an Am
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U.S. Banks in FranceAMERICAN EXPRES
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Professional equipment may be tempo
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The Trans European Policy Studies A
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