Certainty in uncertain times: Borders, trade tariffs and international IP protection

From trade tariffs to changing import regulations, geopolitical uncertainty can cause many issues for international companies. At such times of change, intellectual property offers stability and protection, as Michaël Sumer explains. 

In this article, we discuss the impact of recent trade developments, the associated risks and opportunities for companies operating internationally, and the strategic role of intellectual property (IP) rights. 

Developments in global trade  

In recent years, major shifts in trade policy have been visible worldwide. Think of the trade war between the US and China, Brexit and its aftermath, sanctions against Russia, and rising tensions surrounding technological dependence on China.  

For many companies, this means facing sudden import tariffs on products that drive up costs. The increased market uncertainty is also making it more difficult to access foreign markets. Many entrepreneurs are reassessing their business strategies, therefore, opting for alternative production countries or sales markets. 

How cross-border IP protection provides support 

By providing the legal basis for companies to create, launch and enforce brand names, IP offers a crucial foundation for successful brand development. Yet, IP is often only considered when a problem arises, for example, a dispute with a partner or the discovery of counterfeit products. By integrating IP earlier into your business strategy, you can safeguard your valuable rights, prepare to enter markets, and avoid or overcome common legal challenges.  

Given recent developments in global trade, cross-border IP protection is a strategic tool for, among other things:  

• Risk management: As production shifts or suppliers change, cross-border IP protection helps keep your brand, design or technology protected; 
• Market access: A trademark registration or patent can lower barriers to enter new markets and facilitate collaboration with local partners; 
• Value retention: In negotiations with partners, investors or buyers, a strong IP portfolio serves as proof of innovation and reliability.  

Global IP management best practices: How to future-proof your rights 

An IP audit will help you to assess the effectiveness of your rights, identifying gaps in coverage and cost-saving opportunities.  

• Step 1: To conduct the IP audit, your Novagraaf attorney will work with you to make an inventory of your IP portfolio.
• Step 2: Based on this inventory, we carry out a check for accuracy, completeness and relevance, for example, which countries are relevant and where possible legal and economic risks lie; 
• Step 3: Based on this information, we will advise you on the next steps for international IP protection. If necessary, we recommend completing additional registrations, centralising IP rights, or cancelling any duplicate and/or irrelevant registrations.  

Global trade is constantly changing. With these changes come risks, but also opportunities. Together we can reinforce your cross-border IP rights and global IP management processes to prepare your business to avoid the risks and maximise the opportunities. 

To find out more about how an audit could help align your global IP management and business strategy, speak to your Novagraaf attorney or contact us below.   

Michaël Sumer is an IP Consultant and Trademark Attorney at Novagraaf in Amsterdam.