6 tips for international business and intellectual property

Do you want to push your boundaries as an innovative entrepreneur? In addition to international legislation, networks and grants, consider intellectual property rights (IP rights). These IP rights can differ per country or territory. Read the 6 tips and an inspiring example from start-up Speaksee.

Tip 1: Consider confidentiality at international trade shows

Do you want to explore the market by showing your innovative products at international trade shows? If you disclose the technology of your product, you can no longer patent it. So before a trade show visit, discuss with your employees what falls under trade secrets so that no one unknowingly divulges something that should remain secret.

Learn more about trade secret

Tip 2: Investigate whether you are infringing on others' IP rights

A product may have several IP rights. If someone else has these rights, this does not necessarily mean that you have to stop immediately. What is important is that you get permission from the rights holder, for example through cooperation or a license.

You, as an importer or exporter, are responsible for preventing infringement of IP rights of others. It does not matter whether you act through your own establishment or through an exporter or importer. Be mindful of this even if you license intellectual property to others. Research the local infringement risks in the country or area where you want to operate. That you do not infringe with your product in the Netherlands may not provide the same guarantee in other countries or vice versa.

Learn more about infringing the IP rights of others

Freedom-to-operate

With a freedom-to-operate investigation, you conduct a risk analysis. You look at whether you violate the rights of others when you go to market with your product. That risk exists for technology, but also for software, trademarks and design, for example. Octrooicentrum Nederland helps you get started free of charge in the Espacenet patent database. In TM View and DesignView you will find trademarks and designs.

Read how to convince investors with freedom-to-operate

Tip 3: Register your intellectual property rights in key countries

The registration of IP rights is often a strategic consideration. Several factors play a role in country selection, such as:

• your business strategy - what importance do you attach to a country for the coming years?
• on the economic front - what is the market size? What are the costs and benefits of protection in that country?
• the competition - where are your main competitors located?
• the production - what are your and your competition's production locations?
• the legal field - can you win a lawsuit for an acceptable budget in a fairly short period of time?

Because of national laws, protection and enforcement costs can vary (greatly) from country to country. Do you suspect that products are entering the country that violate your rights? If so, you can ask Customs to keep an eye on that.

Practice example

If you have the ambition to do business internationally, where do you start when it comes to intellectual property? That's what co-founder Jari Hazelebach of Speaksee wondered. Speaksee makes a patented microphone kit for the deaf and hard of hearing that subtitles and translates what is said in group conversations. Hazelebach contacted Octrooicentrum Nederland before expanding internationally. The patent consultants helped Speaksee get started with their international IP strategy.

Speaksee on intellectual property and international business

Tip 4: Consider international procedures

If you are applying for IP rights internationally, take into account different international procedures. For patents, in addition to national procedures, there are, for example, the "worldwide" PCT procedure and the European procedure with the unitary patent. There are rules for the ways and times to go through these procedures.

Learn more about patent filing

Tip 5: Beware of European exhaustion

Are your products marketed anywhere in the EU or EEA by you or others with your permission? Then those products may be freely traded thereafter. Also to countries where you have IP rights. This is called European exhaustion. Exhaustion applies to all intellectual property rights. For example, have you sold the products on the Spanish market at a lower price than on the Dutch market? Do you have an IP right in the Netherlands? Then a third party may still resell those products from Spain in the Netherlands without you being able to do anything about it. So consider the risks of price differences between countries.

Tip 6: Contact a patent attorney

The patent advisors at Octrooicentrum Nederland have a wealth of information about doing international business with innovative products. They answer questions such as:

• What forms of protection are needed to protect my innovation inside and outside the Netherlands?
• What role do patents play in attracting investment?

Contact a patent attorney for a free consultation under confidentiality.

International innovation with RFO

In addition to information on IP rights, Rijksdienst van Ondernemend Nederland (RVO) offers more services if you have international ambitions. For example, RVO helps you with information about specific countries, events such as trade missions, subsidies and financing. Are you an innovative, technological company? If so, see what support from our Horizon Europe program is of interest to you in your plans to innovate internationally.

Specifically to support SMEs in international trade and innovation in Europe, the Enterprise Europe Network (EEN) was set up by the European Commission. This network helps you find business partners worldwide, for example, or with European laws and regulations.