Minimizing the possibility of Copyright Infrindgement Investigations

[Dave]

Hello!
Lets say we have developed a rather complex product with lots of sub-modules (some of which might be similar to the competition). I need to say we have not take ANYTHING from competition and we will be introducing entirely new ways of doing things in our sector.

I have this question if some of our competitor suddenly thinks that we have infringed on their copyright – WHICH WOULD BE THE BEST PLACE TO BE INCORPORATED THEN?

Will the competitor have to file the suit against us in our INCORPORATION COUNTRY?

Woudl a country with the least legislation relating the COPYRIGHT PROTECTION be the best one to be in in such a case – or it does not matter…

We are selecting among these (links are to the IP laws):

Marshall Islands
Marshall Islands: IP Laws and Treaties

Cook Islands (they have Copyright Act 2013 (2013)
Cook Islands: IP Laws and Treaties

Saint Vincent and the Grenadines
Saint Vincent and the Grenadines: IP Laws and Treaties

let me know what you think (Marshall Islands seems to be the least copyright-minded of these)

 

[negon]

Will the competitor have to file the suit against us in our INCORPORATION COUNTRY?

Yes that's where they have to file it and why people most often use countries that ignore such situations. I would use a country like Tanzania or Costa Rica for this purpose.

Woudl a country with the least legislation relating the COPYRIGHT PROTECTION be the best one to be in in such a case – or it does not matter…

I agree it would and that's why you don't want to use any of the countries you listed there but look into more unknown jurisdictions which have simple laws and even may not be recognized by other countries.

 

[Dave]

thank you)) Marhshal islands looks more or less OK for an internet startup - Costa Rica would scare the clients off I guess.

 

[negon]

Your focus was on protecting your assets if any copyright infringment is rised from your competition. I assume you don't have a large budget to spend on lawyers. For that reason I would find a country to have IP / software rights ONLY and a trading company for everything else. They are forced to start a law suite against the company that holds the IP rights!

 

[Dave]

ON THE OTHER SIDE if we go for the leaset protected country - we cannot then PROTECT OUR OWN IP RITGHS IN OTHER COUNTRIES YES?

 

[adoffshore]

You can protect your IP rights if you keep them in a country like Labuan, Panama or Tanzania, they stay 100% protected there compare to the listed one AND it is very costly and almost impossible to run a law suite against you in these countries. Using a trading company (as @auric already suggested) will let you trade with your services and goods and if something happen you can continue endless in another trading company as far as the IP rights are protected in a separated company structure.

 

[Dave]

thnak you very much for you reply...how do I transfer the IP rights to an offshore company and use another company to trade - we woudl need to sign the license agreement with the trading company?
How is it called correctly? Can you show me an example?

 

[adoffshore]

You are looking for legal advice now! Contact a lawyer that can help you with all the documents that need to be done.

To transfer the IP rights to the offshore corp will simply require a lawyer in the country of your choice for the offshore corp. and your signature or who is holding the rights right now! so you will just have a license in the trading company to sell the service / product. Pretty simple! Typically transfer pricing!

 

[FFLC]

thnak you very much for you reply...how do I transfer the IP rights to an offshore company and use another company to trade - we woudl need to sign the license agreement with the trading company?
How is it called correctly? Can you show me an example?

I wonder now where is your INCORPORATION COUNTRY?

There is similar topic I rise - to find a country with least copyright laws enforcement. Someone suggested Marshall Islands.