Going into Southeast Asia? Check your IP before you check your flights
More Hunter businesses are being encouraged to look north for growth.
The NSW Government is holding an ASEAN Market Update in Newcastle this week, highlighting opportunities across Indonesia, Malaysia, the Philippines, Singapore, Thailand and Vietnam.
The Hunter has particular strengths in advanced manufacturing, clean technology, mining equipment, food and beverage and technology. Local businesses already operating in the region include Newcastle geospatial and AI company Anditi and Gateshead-based fuel-management technology company Banlaw.
For regional businesses considering the same move, there is one piece of preparation that should happen early:
Check your IP position before entering the market.
Australian intellectual property rights do not automatically follow you overseas.
An Australian trade mark registration, for example, generally protects the brand in Australia. If Indonesia, Vietnam or Singapore is an important future market, you need to consider protection there separately.
The same principle applies to patents.
If a business has developed genuinely new technology, discussing it publicly or showing it to potential partners before obtaining advice can also affect its ability to secure patent rights in some countries.
Then there are the commercial arrangements.
An overseas distributor may need permission to use your trade mark. A manufacturer may receive confidential specifications or technical know-how. A local technology partner may help improve your product.
Those agreements should make clear:
who owns the IP;
exactly what the overseas party is allowed to use;
who owns improvements;
how confidential information is handled; and
what happens to those rights when the relationship ends.
None of this means businesses should be nervous about exporting.
The Hunter is full of businesses with products, technology and expertise that can compete internationally.
But entering a new market is much easier when you know what you own, what needs protecting and who you are trusting with it.
Do that work early.
Fixing an overseas IP problem after the business has taken off is usually much harder — and much more expensive.