This IP First Response website has been designed to help IP rights holders navigate IP infringement and enforcement by making it visible, accessible, and to provide information about the factors involved in pursuing different options. It does not provide legal, business or other professional advice, and none of the content should be regarded as recommending a specific course of action. We welcome any feedback via our IP First Response feedback form and by emailing us.
What is it?
IP rights only apply in the countries or regions where they are granted. Australian registrations do not cover activities beyond Australia’s borders.
If you plan to sell, license or manufacture overseas, you can seek similar rights in other countries so businesses in those countries cannot legally copy your idea.
These are some of the main ways you can apply for protection overseas:
- You can directly lodge separate applications with each country’s IP office. You will usually work with a local expert (an IP lawyer or patent attorney or trade mark attorney) who understands that office’s rules.
- International systems:
- Patent Cooperation Treaty (PCT) for patents gives a single international application up to 30 months (or 31 months in some countries, like Australia and New Zealand) from the first filing date (‘priority date’) before you need to choose specific countries to apply in (‘national phases’).
- Madrid System (Madrid Protocol) for trade marks covers 131 member countries under a single application, enabling extension of your Australian trade mark abroad.
- Hague System (Hague Agreement) for design rights allows one international design right application to be extended to 92 member countries. Note that Australia is not a contracting party to the Hague Agreement, and that Australians need to meet eligibility criteria to use the Hague System.
- Copyright registration — While copyright is automatic in all Berne Convention countries, some jurisdictions (for example, the United States Copyright Office) allow or require a simple registration or recordation to strengthen enforcement.
International protection can be costly and complex, so planning early helps you focus on the markets that matter most. You may wish to speak with an IP professional experienced in the overseas jurisdictions you are considering.