IP and exporting: How to safeguard your business in global markets

On 4 March 2025 we hosted a webinar in collaboration with the Government’s UK Export Academy. Over 100 business owners and directors signed up for what was an interesting discussion about the importance of putting together an intellectual property (IP) export strategy before launching your business overseas. For people who were unable to attend, we have set out the most important things to consider below.

Identify your IP

If your IP is not identified it cannot be properly protected and exploited. Your company will almost definitely have a trade mark that is worth protecting, even if other registered IP rights are not relevant to you.

Consider your key markets

Which countries are critical for success (and therefore justify the spend), and where might IP protection be favourable in the future? Ideally you would have registered protection in all countries where you are manufacturing or selling. In practical terms this may not be possible so we can advise as to when and where to file based on your commercial priorities.

What is your timeline?

Focus on IP clearance and protection prior to launch if you can, particularly in your core markets. Plan your countdown to export and start discussions early – trade marks can take over a year to register, and patents far longer. How risk averse are you and how much of a problem would it be if you were forced to rebrand or stopped from selling in a particular country?

Who should own the IP?

It’s important to know who the owner of any IP is going to be to avoid unnecessary assignments down the line and ensure that everything is under common ownership when it comes to seeking investment or exit. Investors or purchasers will want to know that the company owns the IP rather than an individual – there is nothing to stop an individual from parting ways from the company and taking the IP with them. Any IP will form part of the company’s assets so is a key element of its valuation and may be subject to tax; another reason to carefully consider the ownership model that is adopted.

Implement robust contracts with business partners and include IP clauses in contracts

You want to ensure you have robust contracts in place with your business partners including licensor, franchisor, manufacturer and distributor agreements. This gives you more control over the use of your IP – for example to avoid a situation where a distributor files an application for your trade mark themselves. Think creatively in terms of NDAs/trade secrets as elements of your IP strategy. A patent attorney and/or trade mark attorney will be able to advise you here.

Regularly review your strategy – is it still fit for purpose?

Having an IP strategy is not simply about filing patent and trade mark applications. Be proactive and pivot as the needs of your business change. By putting together an IP strategy you can set up a framework to develop and capture your IP and manage risk relating to third parties.

With thanks to the UK Export Academy for hosting this event.

GJE has helped thousands of growing companies with protecting their inventions, designs and trade marks – both in the UK and overseas. If you are thinking about expanding your business to overseas markets and you would like advice on how to protect your IP, please contact your usual GJE patent or trade mark attorney, or email gje@gje.com.