Expanding your business overseas is an exciting business venture that you should prepare for. However, before you start providing your products or services internationally, ensure you pay attention to the importance of your intellectual property (IP). This article will explore some IP issues every business owner should consider before expanding their business overseas.
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Why Do I Need to Protect My IP?
Your IP is a crucial asset for your business and brand. Indeed, putting in place protection mechanisms for your IP can be highly beneficial in the long run.
For example, you might perform diligent checks on brand name availability overseas and take the necessary steps to register your trade mark in your global target markets before registering your IP in Australia.
Amongst other benefits, you might also:
- avoid infringing upon other registered IP rights, saving you potentially immeasurable cost and inconvenience;
- ensure you have a clear path for landing your own brand; and
- pull out and enforce your international trade mark registration against copycats.
Trade Mark Availability
Trade mark registration is country-specific, and standards will vary from country to country. Each country has a database of registered and pending trade mark applications available to search. You can also access the World Intellectual Property Office’s (WIPO) Global Brand Database to search trade mark records worldwide.
However, trade mark registration rights attach to exact replications of trade marks and deceptively similar or substantially identical trade marks. Therefore, even if your exact trade mark may appear available in your target countries, you should consult with a trade mark lawyer or attorney to check whether other obstacles are likely to arise. These discussions can increase the longevity of your business venture by ensuring you are well set up for success in the future.
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It is a good idea to consider where you will offer your products and services. You may want to target one market. For example, say you want to sell your products on Amazon in the US solely. In this case, you may file a direct application to the US to register your trade mark. This is often a cheaper and faster way to achieve your goal.
Alternatively, if you plan to expand internationally in many different countries, consider applying through the Madrid Protocol to group several countries in one application. Like a round-the-world ticket, this can be a cost-effective way to register your IP in multiple countries!
Additional Requirements
Some countries have additional requirements for entering their trade mark database. In places like the US, you will need to support your application with a declaration that you intend to use your trade mark with all of the products and services you include in your application.
Copyright Considerations
In Australia, copyright is an automatic intellectual property right that attaches to the expression of creative and original material works. Hence, there is no formal copyright register in Australia where you register your copyright. However, this is only the case in some countries around the world.
For example, in the USA, it is encouraged to register your original works for copyright to entitle you to defend your copyright in the case of infringement. Fortunately, Australia has copyright relations with many other countries worldwide through its membership in specific treaties. These include the:
- Berne Convention for the Protection of Literary and Artistic Works; and
- Universal Copyright Convention.
Therefore, copyright in Australian works will be recognised in all member countries of the Berne Convention and will extend to 70 years after the author’s death.
Key Takeaways
The best time to plan your international business expansion adventure is before you make arrangements with manufacturers or overseas suppliers. Considering how you will protect your IP and avoid infringing on anyone else’s registered rights is imperative. Planning can save you a fortune in time and money in the long run, and your travelling companions (or business partners or investors) will be thoroughly impressed.
If you need help understanding your IP rights, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
In Australia, copyright is an automatic intellectual property right that attaches to the expression of creative and original material works. There is no formal copyright register in Australia where you register your copyright. However, this is only the case in some countries around the world.
If you plan to expand internationally in many different countries, consider applying through the Madrid Protocol to group several countries in one application. By filing through the Madrid Protocol, you only need to file one application with WIPO and nominate which member countries you would like to apply to.
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