Exporting a product protected by intellectual property rights
Do you want to enter a foreign market with a new product that you have protected with intellectual property rights? Keep in mind that IP rights may differ per country. Check if you need to extend the IP protection for your chosen export country.
Check if you can enter the foreign market
Someone abroad may already hold an IP right for your technology, trade mark, or design. If you launch your product on the market there, you may infringe that IP right. So, always check national IP registers before launching your product in another country. For example, you can:
These checks can sometimes be complex. You can also get help from a specialist. They can determine which checks are relevant to your situation.
Investigate how to expand your IP rights
A registered IP right is only valid in the country or territory for which it was granted. You should therefore check in advance whether it is possible to extend your IP rights to the country or territory you want to export to. Read more about the various procedures for:
Do you have unregistered IP rights, such as copyright? If so, check which rules apply in the other country.
What does intellectual property protection cost?
Expanding your IP rights costs money. Both national and international agencies charge for registration. You must also pay if you want advice from a patent attorney.
Protect your IP for all of Europe
You can often register trade mark rights and design rights for the entire European Union with 1 application. It is different with patents. You can apply for a European patent. When that patent has been granted, you must choose specific countries in which to validate it. You can choose these countries separately or choose a unitary patent that currently applies to 18 countries at the same time.
Do you need help choosing between a unitary patent or a European patent with separately selected countries? An infographic by the Netherlands Patent Office (in Dutch) sets out some of the key choices to consider.
Beware of the exhaustion of European IP rights
Have you put your product on the market somewhere else within the European Economic Area (EEA)? Or has someone else done so with your permission? Then the product can be freely resold or traded within Europe. This applies to all EEA countries, including countries where you own the IP right. This is called the exhaustion of intellectual property rights.
Product requirements for export
Your product must comply with the regulations of the country where you are selling it. You may need to adapt your product. So make sure you check the product requirements for the export destination.
Determine how you export
There are 2 ways to export your product with IP rights. You can export the product yourself. Or you can license your product to a party in another country. With this licence, you give someone permission to make and/or sell your invention on the local market. This way you earn money from foreign markets that you cannot or do not want to enter yourself.
Would you like to find a licensee for your patent? Then look for potential licensees in, for example, patent databases or through a licensing broker. Make clear agreements about the terms of the deal, and write everything down in a licence agreement.
Consult a patent adviser
Do you need help or advice? The patent advisers at the Netherlands Patent Office (Octrooicentrum Nederland) can provide personalised support (in Dutch). For example, help with searching for patent information, workshops, conversations, and webinars.
Questions about trade marks and designs
Do you have questions about the protection of your trade mark or design? Then contact the Benelux Office for Intellectual Property (BOIP).
Economic Security Information Point
Do you do business internationally and work in a high-tech field? Or does your company make knowledge-intensive products? Would you like to know more about economic security risks? For example, industrial espionage or theft of sensitive data. The Economic Security Information Point for Businesses (Ondernemersloket Economische Veiligheid, OLEV, in Dutch) answers questions about these topics. OLEV also helps you recognise and manage risks, so that you can protect your intellectual property and trade secrets.