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Get professional assistance
Applying for international IP can be tricky. We explain how you can find an IP professional to represent you in your target country or region.
If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.
Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.
What types of IP can you register?
In the EU, you can protect your IP with a trade mark, patent, design right or PBR.
What to consider
Before applying, make sure you:
- Understand what's considered a trade mark in the EU and if your trade mark is eligible for protection
- Consider whether you should apply for a trade mark in Australia first
- Know the cost of applying for a trade mark in the EU and through the Madrid System
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in the EU. An IP professional can help you with this.
How to apply
There are 4 ways to apply for a trade mark in the EU:
- On a national basis in individual countries of interest
- Through the European Union Intellectual Property Office (EUIPO)
- Through the Madrid System
- To the Benelux Office of Intellectual Property (BOIP) for protection in Belgium, the Netherlands and Luxembourg.
What to consider
Before applying, make sure you:
- Understand what's considered a patent in the EU and if your idea is eligible for protection
- Consider whether you should apply for a patent in Australia first
- Know the cost of applying for a patent in the EU
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been protected in the EU. An IP professional can help you with this.
How to apply
There are 3 ways to apply for a patent in the EU:
- On a national basis in individual countries of interest: If you have a provisional application, you'll need to file within 12 months to secure your priority date.
- Through the European Patent Office (EPO): A single European patent will give you patent protection in the 38 states that are members of the European Patent Convention.
- Through the Patent Cooperation Treaty (PCT): If you have an international application, you can apply to EPO and convert your application into a European patent application. This is called 'entering the national phase' and can be considered as converting your PCT application to a patent application either at the EPO or in individual states.
You may also be entitled to fast track examination under the Global Patent Prosecution Highway.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in the EU and if your design is eligible for protection
- Consider whether you should file your design right application in Australia first
- Know the cost of registering a design right in the EU
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't already been protected in the EU. An IP professional can help you with this.
How to apply
There are 2 ways to apply for a design right in the EU:
- On a national basis in individual countries of interest
- Through EUIPO
- To the Benelux Office of Intellectual Property (BOIP) for protection in Belgium, the Netherlands and Luxembourg.
What to consider
Before applying, make sure you:
- Understand what's considered a PBR in the EU and if your plant variety is eligible for protection
- Consider whether you should apply for a PBR in Australia first
- Know the cost of registering a PBR in the EU
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been registered in the EU. An IP professional can help you with this.
How to apply
There are 2 ways to apply for a PBR in the EU:
- Through the country's national authority, typically either an IP office or agriculture ministry
- Through the CPVO.
What other IP can you register?
The EU also administers IP rights for integrated circuit layouts and geographical indications.
Integrated circuit layouts
In some EU countries, integrated circuit layouts have to be registered in order to obtain protection.
Geographical indications
In the EU, the EU quality scheme protects geographical indications.
Although the EU has the power to legislate for member states on IP matters, member states may implement specific IP arrangements differently. Therefore, it's important to understand the specific IP environment of the member state in where you want IP protection.
What can be protected without registration?
Copyright
As in Australia, copyright in the EU arises automatically when creative material is made.
Trade secrets
There's no formal application or registration process for trade secrets in the EU.
Unregistered designs
In the EU, unregistered designs may be protected in certain circumstances.
Further guidance
- To learn more about intellectual property in the EU, visit the European Union Intellectual Property Office.
- To find out about the EU's World Intellectual Property Organization (WIPO) membership, check out the EU's World Intellectual Property Office's (WIPO) member page.
- If you're considering exporting to the EU, the Export Council of Australia provides information on licensing, clearances and access to finance and trade agreements.
- For information about the EU's export market and economy, visit DFAT's EU page. You may also wish to check Austrade's countries and economies page, where you can search for the EU member state you're interested in.
- A directory of IP offices is available on the WIPO website.
