Exporting goods and services provides new markets and significant growth for both goods and services businesses. Exports are also beneficial for the broader economy and the Australian government is taking various steps to increase export markets available to Australian companies. This includes executing Free Trade agreements with growing economies of the world and various grants such as the export marketing and development grant (EMDG) to support businesses develop an export market.
Advantages of exports include:
Several international treaties are in place to assist business register and protect their intellectual property in overseas countries. These include the Paris Convention for the Protection of Industrial Property which helps inventors and creators protect including patents, trademarks, industrial designs, utility models, service marks, trade names and geographical indications.
Intellectual property is generally jurisdictional meaning patents, trade marks and designs registered in Australia cannot be enforced overseas unless they are also registered in overseas countries. To secure intellectual property rights such as patents, trade marks and designs in foreign markets, companies or individuals need to file applications for protection in each chosen jurisdiction where they want to sell their goods and/or services.
Australian start-ups and established companies considering exports should develop a global IP strategy that matches their business’s expansion and export strategy. A Patent in foreign jurisdiction provides the right to exclude others from making, using, and selling their invention within the jurisdiction granting the patent. It is important to file any patents, trade marks and designs in any export market well before you actually start exporting products and services because these rights can take a number of months to grant and become enforceable.
Once patent, trade mark and designs rights are secured in a foreign markets, the owner has the right to manufacture, export or import goods covered by their intellectual property and can also decide who may use the intellectual property.
IP owners may also earn income by giving companies in export countries permission, using agreements and licenses in exchange of royalties or lump sum amounts to use registered intellectual property on mutually agreed terms.
Companies operating in export markets need to have an IP strategy that is based on an understanding of the value created by having intellectual property including patents, trade marks and designs in export jurisdictions. As part of their due diligence they should be aware of existing competitive intellectual property rights in the target export countries. This can be done by way of freedom to operate searches. Many Australian start-ups and businesses start exporting their goods and services to other countries without the appropriate due diligence and they can unexpectedly become involved in intellectual property infringement cases in those countries.
If you are thinking about exporting your goods and services and want to make sure your intellectual property strategy supports your business expansion goals, reach out to our team at IP Guardian. Our attorneys are experienced at handling Intellectual Property matters across the globe and understand how to support your export business.
Registered Patent and Trade Mark Attorney with significant experience obtaining all forms of registered intellectual property. I hold a Bachelor of Science in Engineering, a Masters of Business Administration and a Masters of Intellectual Property. I’m passionate about showing my clients how they can protect their brands through trademark registrations.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
