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International protection
Protect your overseas markets
You need to seek IP protection in each country according to the laws and conventions of that 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.
Seek advice before you publish or use your IP
Once you apply for protection in one country, you may apply for protection in other member countries under international conventions, providing it is within the following time limits:
- patents and plant breeder's rights-12 months from the date of the first application in a member country;
- designs and trade marks-6 months from the date of the first application in a member country.
This gives you the opportunity to obtain exclusive rights to your IP in overseas markets. Your applications in those countries will have a 'priority date' which is the filing date of your original application.
While you can apply outside these time limits, you cannot obtain the benefit of the international convention and any earlier disclosure of your invention or design may invalidate your rights in those countries.
Please note that some countries are not members of the convention and any publication or use of your IP can prevent you obtaining protection in those countries.
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