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Protecting Your IP When Exporting: A Practical Guide for Australian Businesses

01 May 2025

01 May 2025

 

Know What IP You’ve Got

Before you can protect or commercialise your intellectual property (IP), you need to know what it is. For most Australian businesses, your trade mark is often your most valuable IP asset — whether it’s your brand name, logo or product label. Even if you think patents or designs aren’t relevant to you now, don’t rule them out completely.

Prioritise Your Target Markets

Not every market is worth the same investment. Be strategic. Which countries are mission-critical for your growth plans? Where are you manufacturing or planning to sell in the next 12–24 months? Ideally, you'd secure registered protection in every country you operate in — but that’s not always practical. Instead, focus your spend on jurisdictions that align with your commercial priorities. An IP Solved advisor can help you map out a cost-effective filing strategy.

Global Target Markets

Timing is Everything

Don’t wait until after launch to sort your IP. Sorting trade marks, patents, or designs before going to market — especially in your core export destinations — can save you from massive headaches later. Trade mark registration can take over a year, and patents even longer. If you’re forced to rebrand or pull a product due to an IP conflict, the costs can be severe. Start your export countdown early and build IP clearance into your launch plan.

Nail Down Ownership

Who actually owns the IP? This matters more than many realise. Investors, potential buyers and overseas partners want to see that the company, not an individual, owns the IP. It boosts your business valuation, reduces tax complications, and avoids messy issues like an ex-employee walking off with a key asset. Make sure ownership is clear and consolidated from the get-go.

Lock It In With Strong Contracts

Whether you’re dealing with manufacturers, distributors, franchisees or licensing partners, make sure your contracts are rock solid and include clear IP terms. You don’t want your overseas distributor registering your trade mark before you do — it happens more than you'd think. Include confidentiality clauses and trade secret protections where needed. Talk to the team at IP Solved for help structuring the right agreements.

Keep Your IP Strategy Current

Your IP strategy should evolve as your business does. Filing trade marks or patents is just the start — it’s about building a framework to manage your IP over time, stay ahead of competitors, and deal with third-party risks. Review your IP portfolio regularly to ensure it still aligns with your growth and export plans.

Need Expert Help?

At IP Solved, we’ve worked with hundreds of Australian businesses to protect their brands, innovations and designs — both locally and across global markets. If you’re thinking of exporting and want to make sure your IP is protected, reach out to your usual IP Solved attorney, or drop us a line at info@ipsolved.com.

01 May 2025
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