Discover answers to frequently asked questions about international growth and intellectual property (IP), from how to create a robust international IP strategy to how to achieve global IP protection cost-effectively.
1. How does market development impact a company's international IP strategy?
Expanding into new geographic markets requires more than a commercial go-to-market plan. From an IP perspective, rights are territorial, meaning your nationally registered trademark, patent or design does not always offer protection overseas. An effective international IP strategy ensures your intellectual assets are registered in target countries prior to entry, reducing the risk of infringement, counterfeiting or domain conflicts.
2. What IP risks should be assessed when entering new international markets?
Key IP risks in global expansion include:
- Brand conflicts with pre-existing trademarks in the new jurisdiction;
- Lack of design protection, allowing local competitors to copy product appearance; and
- Translation or cultural issues, where brand names may be legally or culturally problematic.
A trademark clearance search, combined with market-specific advice, helps avoid launch delays or costly legal disputes.
3. How do I build an effective international IP strategy?
An effective international IP strategy involves:
- Prioritising trademark and design filings in core markets;
- Using international frameworks such as the Madrid Protocol for efficiency;
- Ensuring alignment between IP filings and commercial roll-out timelines; an
- Implementing a trademark watching system for third-party filings and an online brand protection program for infringements.
Early-stage strategic planning prevents fragmentation and protects future revenue.
4. When should I implement a cross-border IP protection strategy?
Ideally, before you begin commercial engagement in a new country. Key moments to act include:
- Negotiating with international partners or distributors;
- Launching global marketing campaigns; and
- Registering domains or localising your website.
Delaying IP filings often leads to third parties acquiring rights or filing in bad faith.
5. How can I coordinate IP enforcement globally during expansion?
Global enforcement requires a centralised strategy with local execution. This includes:
- Monitoring IP rights via global watching and online brand protection services;
- Working with local attorneys or agents to take action where needed; and
- Defining enforcement thresholds and escalation procedures.
Our Novagraaf attorneys often serve as the coordinating hub across jurisdictions, ensuring consistent legal positioning across markets.
6. What legal considerations should I be aware of in international market development?
Aside from IP, market entry involves legal considerations such as:
- Local trademark laws and opposition timelines;
- Import/export regulations; and
- Contractual risk with local agents or licensees.
From an IP angle, ensure timely filings and don't assume national or EU rights provide automatic coverage elsewhere. A comprehensive legal risk scan is a crucial first step in market development.
7. How does IP support growth strategies like market development or diversification?
While frameworks like Ansoff's Matrix can guide strategic planning, IP rights are what protect and enable growth in practice. For example:
- In market development, international trademark registrations preserve brand equity in new territories; and
- In diversification, registered designs can protect innovation when launching new product lines.
IP is not an afterthought – it's an enabler of scalable, defensible growth.
Want to find out more about strategies for global IP protection?
Download our white paper 'Scaling across borders: A practical IP guide for international growth' or watch our webinar 'Expanding internationally?' to hear from IP experts on building an effective global IP protection strategy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
