This Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.
Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted in the United States and abroad, and discuss potential opportunities for U.S. job creation. Part IV will explore the complexity of navigating through the multitude of federal agencies that regulate exports, which often discourage U.S. businesses that want to export their technology but need assurances and advice on how to minimize unforeseen risks. The author next proposes creating a quasi-public "Virtual Protocol" that will allow inventors, authors, and registered and unregistered IP owners to identify prospective partners, track IP licensed abroad, and notify infringers of violations. This Virtual Protocol can be accessible to agencies such as the United States Patent and Trademark Office that grants IP protections; the United States Commerce Department that licenses exports; and the Justice Department and Federal Bureau of Investigation (FBI), which enforce IP protections. This Article concludes that the environment to foster transborder licensing has to be developed with active participation from academic and research institutions along with their students and alumni, and should integrate technology to achieve maximum benefits.
Andrea L. Johnson, Transborder Licensing: A New Frontier for Job Creation, 13 TUL. J. TECH. & INTELL. PROP. 103 (2010).