          
          
          
          
                                Enforcement
          
               After securing valuable intellectual property rights, 
          the owner must enforce them vigorously to derive the 
          maximum benefit.  The ease of enforcement depends on local 
          law, the resources of the intellectual property owner, the 
          attitude of local officials, and many other factors.
          
               In general, the United States views intellectual 
          property as a private right to be enforced by its owner.
          
               Enforcement must be accomplished through local law. In 
          the United States and many countries, intellectual property 
          rights are enforced by a civil suit for infringement. The 
          intellectual property owner may be awarded damages or an 
          injunction against infringement.
          
               In the United States, the owner may protect against 
          importation of infringing goods by recording a trademark or 
          copyright with the U.S. Customs Service. An intellectual 
          property owner also may bring a proceeding before the 
          International Trade Commission for an exclusion order to 
          prevent infringing goods from entering the country or a 
          cease and desist order to prevent an infringing use once 
          the goods have entered the country.
          
               In more serious matters, criminal penalties may apply. 
          The "Trademark Counterfeiting Act of 1984" imposes heavy 
          criminal penalties for trafficking in goods or services 
          which bear a counterfeit mark. These penalties can amount 
          to a fine of as much as one million dollars and fifteen 
          years imprisonment of individuals. Civil penalties can 
          include the recovery by the trademark owner of treble 
          damages and attorney's fees. Ex parte seizure orders are 
          also authorized.
          
               Piracy of copyrighted materials is also subject to 
          criminal penalties. In the United States, a person who 
          willfully infringes a copyright for financial gain is 
          subject to a $25,000 fine, one year imprisonment, or both. 
          If the offense involves a substantial number of infringing 
          copies of phonorecords or motion pictures or trafficking in 
          counterfeit labels for phonorecords, motion pictures or 
          other audiovisual works, the penalties may be as much as 
          $250,000 and five years imprisonment. In addition, a court 
          may order seizure and destruction or other disposition of 
          infringing copies and equipment used in their manufacture.
          
          The Remedies Vary
          
               Some foreign countries provide criminal penalties for 
          infringement, either as the exclusive remedy or in addition 
          to private suits. The remedies available against an 
          infringer will vary from country to country.
          
               Ease of enforcement will depend on a number of 
          factors. If a government action is required, as with 
          criminal penalties, are the local authorities cooperative? 
          If private remedies are available, may the intellectual 
          property owner get an injunction as well as damages? How 
          long will it take to get enforcement? What methods are 
          available to obtain proof? These and other questions are 
          part of the detailed study that should be done for each 
          country before investing.
          
          
