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Prevent international infringement
You'll need to monitor international markets to help prevent infringement of your IP.
Maintaining your overseas IP rights
Each of your overseas intellectual property (IP) rights has to be maintained to keep it active.
Keep your details updated
You'll need to make sure the IP rights details are kept up to date, especially for changes in ownership (assignment) or contact information.
Renew your IP right
Your IP right will need to be renewed if you want it to remain active. If you don't renew it by a certain deadline your protection will lapse.
The timeframe and fees involved in renewing the IP right will vary depending on the type of IP and the target country.
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Trade marks
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Patents
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Design Rights
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Plant breeder's rights
Trade marks
How to update your details
You'll need to make updates to:
- The owner's name
- The owner's address
- Your agent or IP attorney.
You'll also need to record:
- Any assignment to a new owner
- Cancellation of your trade mark
- Amendments to the goods or services on your trade mark
- Claimed interest in your trade mark, such as licences and security interests.
Make these updates through the:
- Country's IP office if your trade mark is directly registered with them
- World Intellectual Property Organization (WIPO) if your trade mark was registered through the Madrid System.
How to renew your trade mark
You can renew your trade mark through the:
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Country's IP office if your trade mark is directly registered with them
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World Intellectual Property Organization (WIPO) if your trade mark was registered through the Madrid System.
Renewal for trade marks registered through the Madrid System is due 10 years after the registration date. All designated countries or regions on the international registration will have the same renewal date, even if a designation was made later.
Patents
How to update your details
You'll need to make updates to:
- The applicant's address
- The applicant's name
- The inventor's name
- Your agent or IP attorney.
You'll also need to record:
- Any assignment to a new owner
- Addition or removal of the number of inventors
- Claimed interest in your patent, such as licences and security interests.
Make these updates through the:
- Country's IP office if your patent is directly registered with them
- World Intellectual Property Organization (WIPO) if your PCT application is still within the international phase.
How to renew your patent
You need to renew your patent in each country you have protection in.
Design rights
How to update your details
You'll need to make updates to:
- The owner's name
- The owner's address.
You'll also need to record:
- Any assignment to a new owner
- Claimed interest in your design right, such as licences and security interests.
You can make these updates through the IP office where the design right is registered.
How to renew your design right
You need to renew your design right through the IP office where your design was registered.
Plant breeder's rights
How to update your details
You'll need to make updates to:
- The owner's name
- The owner's address
- Your agent or IP attorney.
You'll also need to record:
- Any assignment to a new owner
- Claimed interest in your plant breeder's rights, such as licences and security interests.
You can make these updates through the registration office where the plant variety is registered.
How to renew your plant breeder's rights
You need to renew your plant breeder's right through the relevant registration office where the plant variety is registered.
Managing your overseas IP can be tricky. If you need help to update your details or renew your IP, you can engage an IP professional to assist you.
You can also contact the country's IP office for further guidance.
