Growing your export business

Intellectual property (IP) represents the property of your mind or intellect. In business terms, this also means your proprietary knowledge.

Why you need to protect your IP

Intellectual property is perhaps one of the most valuable business assets that your company owns. Your intellectual property may take the form of some unique design, formula, invention, process or system. IP often provides the leverage needed for companies to successfully stay ahead of the competition. That makes protecting your IP essential.

Ownership of IP rights is the legal recognition you receive for your creative effort. It gives you the right to fully exploit your IP to own, sell, license or bequeath your IP in much the same way as you can with real estate.

Types of IP rights

• Patents
• Trade marks
• Designs
• Copyright
• Circuit layout rights
• Plant breeder's rights
• Confidentiality/trade secrets

IP and export: what you need to remember to avoid common pitfalls

Registering your IP rights in Australia does not give you automatic protection in overseas markets. You need to seek IP protection in each country; although there are international agreements in place which make it easier to obtain rights in other countries. This is a costly process, particularly when it involves the translation of applications into other languages.

Do not prematurely disclose your idea that may be worth formally protecting. If you tell someone about your ideas before seeking appropriate protection, or sell unpatented products, your competitors can use them. Your products will no longer be considered new so you will be unable to obtain a patent. Nor will you be able to protect your products from being copied.

Check if your trade mark already exists in the export market

Do a patent and literature search before you start. Someone else may own the rights to your idea already. It is crucial to know your potential market. Will your idea or product satisfy the local need? Are there adequate solutions to this need already available in that market?

Clearly define issues relating to IP ownership with your partners

If you are developing a joint venture with your partner or modifying the design, package or trade mark of a product to suit the market, ensure that it is clear (preferably in the form of a written contract) who will be the owner of any IP generated.

To license IP in a foreign market, the IP needs to be protected in that market

If you are seeking to license the manufacturing of your product in a number of markets, you should ensure that your IP is protected and is not in the public domain in those markets - that is, protection has been obtained and has not expired.

Check if your trade mark has undesired connotations or is likely to be rejected in that country

Fiat, a sporty Italian auto manufacturer, found that it had to rename its "uno" when selling it in Finland. "Uno" means "garbage" in Finnish.

There are deadlines for applying IP protection abroad

Once you have applied for patent or design protection in Australia, you have a limited period of time to apply for protection abroad. For example, patents for 12 months; designs for six months; trade marks for six months (though you may still apply afterwards).

Find out more about IP

IP Australia is the Australian Government agency responsible for administering patents, trade marks, designs and plant breeder's rights.

By granting these rights and contributing to the improvement of Australian and international IP systems, IP Australia is supporting Australia's economic development.

IP Australia incorporates the Patent, Designs, Trade Marks and Plant Breeder's Rights (PBR) Offices. It is a prescribed agency within the Department of Innovation, Industry, Science and Research (DIISR), but operates independently and reports directly to the Minister.

IP Australia's customers now recognise that IP protection is integral to business planning, market strategy planning and product and/or service development.

Related sites

• IP Australia
• Canadian Patent Database
• European Patent Office
• UK Patent Office
• US Patent and Trade Mark Office