How can you protect your company's intellectual property rights when negotiating with a foreign supplier?

Protecting IP rights when dealing with foreign suppliers is a perennial a difficult issue, especially when operating in situations where rule of law looks vastly different. IP and contract rights are a critical aspect. But, from the beginning you should remain clear that the legal rights will be insufficient. I lock my front door even though my house is protected by law against intrusion. Likewise, take affirmative steps to maintain control of tech and info. A key internal step is limiting what information needs to be shared in the first place. Provide suppliers only the info necessary for them to fulfill the transaction. Truthfully, most suppliers will appreciate this - it helps them be efficient and can actually raise trust levels.

a good way to share and hence limit information transfer is to use secured datarooms, with controlled access. Then you can audit who and when things were seen in the dataroom, what was downloaded, and who saw what document. Secure datarooms also allow you to control access, some people get access to some folders, other people to other folders. The audit trail is key. And when you see a breach evidence by the audit trail, your supplier must be informed.

1. Understand and Identify Your Intellectual Property: - - Clearly identify the intellectual property that your company owns, such as patents, trademarks, copyrights, and trade secrets. - Conduct a thorough IP audit to ensure that all relevant assets are identified and protected.

I repeat to all, pursuant all U.S. law no corporation, foreign citizen nor domestic or foreign government has no civil rights nor IPR. Compare IPR to non-assignable U.S. Voting Rights! Any lacking Individual U.S. Voting Rights lacks legal standing to claim IPR.

#2 Any and all entities MUST understand the Supremacy Clause of all Federal Law protects only U.S. Voters, (birth right or Naturalized Citizens), on a case-by-case basis and no foreign nation, National nor foreign regulation or statute has legal standing in any level of U.S. Court. ONLY U.S. Law matters with all Voters being Worldwide CREDITORS and all other litigants being operation of law DEBTORS, (that is automatic and incontestable). Only U.S. Judicial Branch decides issues of Rights between Individual U.S. Citizens only having legal standing or Property Rights (IPR) or right to due process.

When dealing with foreign suppliers, there is often the question of dispute resolution and venue, e.g., arbitration in Germany. But as a US company, do you really want to arbitrate in Germany? Then suppose you get the award, how will you enforce it? I try to negotiate hard that the dispute will be resolved in courts in the USA. And also in the contract, put in language that allows for a lien on anything in the USA that can be securable to get my money. Also, be very clear in deliverables, timelines, time zones, exclusivities, etc. Remedies should be spelled out completely.

Always have a local attorney review the agreement for enforceability. Ask about the legal protection of trade secrets and getting injunctions in practice.