For intellectual property (IP) owners who have spent substantial amount of investment in protecting your IP internationally, at some point of your registration, you may receive letters or emails about your IP registration from unknown parties posing as World Intellectual Property Organization (WIPO) or any IP legal authorities. This is because once you have filed an international registration, such as Madrid Trademark or Patent Corporation Treaty (PCT), your contact details will be published in the public database. Therefore, you should be wary of the letters coming from the senders which you have not communicated before.
IP Publications
One of the most common unsolicited mails which you may receive could be the publication of your trademark, patent and design in a journal form. It is correct that publication of IP is part of the mandatory requirements in the registration process. However, the publication of such items should only come from statutory body like Government IP Offices or WIPO.
Most of the unsolicited mails inviting you to publish your IP in their journal are commercial driven to spoof IP owners to bilk exorbitant fees, which do not serve any legal purpose.
In this regard, you should examine carefully when you received letters of this kind, including checking who are the senders, the email address & etc. Bring out the Sherlock Holmes in you!
Consult Your IP Consultant
Admittedly, it may be difficult for lay persons to identify whether such letters are legit. This is the time when your trusted IP Consultant comes into picture. Check with your IP consultant immediately on the legality of the letters as soon as you receive it!
Of course, if you have not engaged one, please feel free to reach out to IP Gennesis, we would be pleased to serve :)
Written by,
IP Legal Executive
LL.B (HONS)
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor (Non-Practising)
Disclaimer: The above information is merely for general sharing and does not constitute any legal advice. Readers are advised to seek individual advice from professionals.
© 2022 by IP Gennesis Sdn Bhd.
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