Border Control – Protecting your IP From Misuse In Your Export Markets

By Catherine Logan*

It is all very well to be conscientious about protecting your intellectual property (IP), and this is relatively easy within Australia given that our laws in this area are about as sophisticated as they come.

However, in other jurisdictions, the protections may not be as strong. In fact, there might not even be any system of protection for the various types of IP.

Therefore, depending upon the country you are proposing to export to, there may be an unavoidable level of risk that your IP may end up being exploited there.

You will also want to ensure that in launching your service or product you are not inadvertently infringing an existing player’s IP (see box).

There is no substitute for getting professional advice from experts within the country itself. This, in part, is why many Australian law firms have entered into strategic alliances with commercial law firms worldwide.