EU-US Intellectual Property Strategies to Maximize the Commercialization of Digital Innovations

A Comparison of Key Intellectual Property Concepts and Strategies in the European Union and United States 

by Arundeep Pradhan, Michael Batalia, and Kristin Rencher

Intellectual property (IP) laws in the European Union (EU) and the United States (US) vary in both scope and application, especially with respect to digital innovations. Understanding the differences in each jurisdiction is crucial to maximize the likelihood of sound IP protection and to ensure promising commercialization outcome.

To develop an appropriate IP strategy, it is necessary to know both the type of protection that patents, copyrights, and trademarks provide in each jurisdiction, as well as the intrinsic nature of digital works that can be covered under each jurisdiction’s IP laws. Once these are understood, a comprehensive strategy can be devised to maximize potential for success.