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Frequently Asked Questions What Is PIIPA? What is PIIPA's role with applicants? What is PIIPA's role with IP professionals? How can PIIPA state that it's nonpartisan but provide legal representation and assistance in the area of IP? What is the difference between an Applicant and a Client? Does PIIPA Determine Who is Assigned to Each Client? Who are the IP professionals? Does PIIPA only Assist with Legal Matters? How does PIIPA recruit professionals who are willing to volunteer? Are there professionals within PIIPA's network from my country? As an Applicant, how do I know that PIIPA's professionals will best serve my needs? Will my case be treated with less importance than a paying customer? What is PIIPA's role after the Applicant engages an IP Professional? What costs are covered? What expenses must the Applicant pay? What long term obligation do I have if I agree to use PIIPA's services? What is my obligation at the end of the case? Besides assisting with actual legal cases, what other services does PIIPA provide? Where does PIIPA get its’ funding? What Are Patents, Trademarks, Servicemarks, and Copyrights? What Is a Patent? What Is a Trademark or Servicemark? What Is a Copyright? What Is PIIPA? PIIPA is a nonprofit, nonpartisan, international organization created to assist less developed countries with understanding, managing, exercising, and challenging intellectual property rights (IP) . PIIPA accomplishes this role through a corps of intellectual property professionals who have agreed to provide their expertise pro bono publico or on a significantly reduced fee basis. PIIPA’s services are intended to meet the needs of organizations for advice and assistance from qualified IP professionals. back to top What is PIIPA's role with applicants? PIIPA works with applicants as follows: (a) PIIPA helps the applicant articulate its specific needs in particular cases, and determines if legal advice is needed, (b) if so, PIIPA introduces the applicant to one of more IP professionals with appropriate qualifications, and (c) helps the applicant and professional establish a case-specific pro bono engagement. back to top What is PIIPA's role with IP professionals? PIIPA recruits IP professionals worldwide who are willing to provide advice and expertise in the area of IP. PIIPA obtains information regarding work history, certifications, educational level, languages read and spoken, and other related matters necessary to determine a good fit for an applicant in need of assistance in the area of IP. back to top How can PIIPA state that it is nonpartisan but provide assistance in the area of IP? PIIPA strongly believes that the public interest is served when all parties have access to professional advice, representation, education, and whatever other assistance is needed for them to decide the course of action that best fits their needs and desired outcomes. PIIPA generally does not take sides in any specific disputes but rather seeks to ensure a level playing field by permitting all parties to be well-represented. back to top What is the difference between an Applicant and a Client? Applicant – An Applicant is someone seeking assistance with an intellectual property matter. PIIPA provides general information to Applicants and works directly with Applicants to determine their fundamental needs and goals related to IP. PIIPA conducts a screening process with the applicant, and will make suggestions to the applicant regarding IP Professionals who can assist the applicant further if required. PIIPA does not provide legal or professional advice. Client - An Applicant who is seeking legal or professional advice is matched with an attorney or other professional advisor. If the Applicant and IP Professional decide to enter into a professional engagement, the PIIPA Applicant becomes a client of the IP Professional . The term client is only used when referring to a relationship between the legal advisor and the party they are serving. back to top Does PIIPA Determine Who is Assigned to Each Client? Through PIIPA’s database of professionals, a list of suggestions is compiled for an applicant to review. While it will not always be possible, PIIPA will try to obtain 2 – 3 professionals for each applicant to choose from. If an applicant determines that none of the proposed professionals meet their requirements, they are under no obligation to use a PIIPA volunteer. back to top Who are the IP professionals? An IP Professional is an individual specializing in the area of intellectual property including attorneys, patent agents, licensing executives, researchers, economists, government officials, agricultural specialists, and others who have extensive experience in the area of intellectual property. back to top Does PIIPA only Assist with Legal Matters? While most clients may need legal assistance, PIIPA’s corps of professionals comes from a wide range of backgrounds. If a client needs assistance with non-legal matters related to IP, their needs will be assessed like any other case, and assistance will be provided if a match can be made. back to top How does PIIPA recruit professionals who are willing to volunteer? PIIPA recruits professionals through professional associations, one-to-one professional networking, PIIPA’s website, suggestions by applicants, and publications. Through collaborating with organizations worldwide, PIIPA is building an international network. Professionals may submit an application via the website or by downloading an application and sending it directly to PIIPA. back to top Are there professionals within PIIPA's network from my country? PIIPA is striving to find professionals within every country. Please submit your country name and we will get back to you. back to top As an Applicant, how do I know that PIIPA's professionals will best serve my needs? PIIPA is building a broad network of volunteer professionals who are qualified in all the relevant aspects of intellectual property (such as patents, trademarks, trade secrets, and copyrights); in all types of IP matters (such as obtaining, challenging, and transferring IP rights); and in all countries. Prior to submitting a professional's name to an applicant, PIIPA pre-screens the professional's qualifications to seek relevant background information. PIIPA also requires that each professional agree to handle each case with respect and as a high priority. back to top Will my case be treated with less importance than a paying customer? Before any professional is assigned to a case, PIIPA obtains a commitment to treat all pro bono cases with the same level of care as non-pro bono cases. back to top What is PIIPA's role after the Applicant engages an IP Professional? During the course of the relationship between the professional and the client, PIIPA is available to facilitate the relationship if the parties desire, and at the conclusion of the matter, the IP Professional is expected to report the outcome of the representation. If additional or different representation is desired, an Applicant can seek assistance from PIIPA again. back to top What costs are covered? All professional volunteers agree to provide their professional services without charge to the client, for a set number of hours (currently 50 hours) or completion of a project.. If it is determined that a matter requires more than the suggested number of hours, a professional may agree to assist for longer without charge, or to charge a significantly reduced fee compared to normal rates. back to top What expenses must the Applicant pay? The IP professional may or may not require payment for disbursements. Generally, the professional will not pay for substantial out-of-pocket costs such as travel expenses and government filing fees. PIIPA is seeking funding assistance for such costs, but the Applicant may need to bear such costs. Professionals may choose not to seek reimbursement for smaller items such as postage, long-distance phone calls, faxes, etc. To avoid confusion regarding this matter, each client should seek clarification from the professional handling the case, prior to entering into an agreement. PIIPA encourages open disclosure and agreement about this topic, but at present does not regulate it. back to top What long term obligation do I have if I agree to use PIIPA's services? You are under no obligation to continue using a PIIPA volunteer beyond a period that you are comfortable with. If you enter into an arrangement with a pro bono professional and feel that the arrangement is not working out, simply notify the professional and PIIPA. back to top What is my obligation at the end of the case? PIIPA requests that all parties complete a short evaluation form at the end of each arrangement. If the information is to be kept confidential, that needs to be stated in the evaluation. The information gathered from the Applicants can be used to rate the professionals, and to make improvements to the general operation of PIIPA. back to top Besides assisting with actual legal cases, what other services does PIIPA provide? PIIPA conducts seminars and training programs, provides background information in the area of IP on a country by country basis, and assists governments and government agencies with creating, implementing and executing policies, laws, and procedures involving intellectual property rights. PIIPA also works with collaborators to design special outreach programs that are topic specific (e.g. biodiversity) or country-specific (e.g. for India). back to top Where does PIIPA get its funding? PIIPA receives support from foundations, professional organizations, governmental agencies, corporations, philanthropies, and individual donors. back to top What Are Patents, Trademarks, Servicemarks, and Copyrights? (Excerpted from General Information Concerning Patents print brochure, USPTO) Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes. What Is a Patent? A patent for an invention is the grant of a property right to an inventor, issued by a national Patent Office. The term of a new patent is generally 20 years from the earliest date on which the application for the patent was filed, subject to the payment of maintenance fees. Patents are granted country-by-country. For example, US patent grants are effective only within the US, US territories, and US possessions. The right conferred by the patent grant is “the right to exclude others from making, using, offering for sale, or selling” the invention in the country or “importing” the invention into the country. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. What Is a Trademark or Servicemark? A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks may be registered with the government trademark office in each particular country. There are some multinational trademark registrations as well. The registration procedure for trademarks differs by country. What Is a Copyright? Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Many rights are international. The 1976 US Copyright Act the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. Copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights may be registered by the Copyright Office (in the US, at the Library of Congress). back to top What does Pro Bono mean? Click here. back to top