Protecting intellectual property abroad involves registering and enforcing trademarks, patents, designs, and copyrights across borders. At Musch Legal, we regularly assist with international IP registration via EUIPO, WIPO, and local offices. IP protection is territorial: what is registered in the Netherlands does not automatically apply elsewhere. Those who expand without a strategy often lose trademark rights in new markets.
What is the legal issue? (Why do you have to register IP per country?)
IP protection is territorial. A Dutch trademark does not work in Germany, China, or the US. Anyone operating internationally must register IP in every relevant market. China applies a first-to-file policy: whoever registers first gets the right — a well-known example of trademark squatting. Neglecting international IP protection often costs more than the registration itself.
What does the law say? (Which frameworks affect international IP?)
For trademarks: Regulation (EU) 2017/1001 (EU trademark via EUIPO) and Madrid Protocol (1989) for international trademarks via WIPO. For designs: Regulation (EC) 6/2002 (Community design). For patents: European Patent Convention (1973) and Patent Cooperation Treaty (1970). Since 1 June 2023, the Unitary Patent has been in force with central enforcement via UPC. For copyright, Berne Convention (1886).
TRIPS Agreement (1994) under the WTO provides minimum standards in all WTO members.
IP type
International route
Indicative costs
EU Trademark
Union Trademark via EUIPO
850-1050 euros per trademark per class
Worldwide Trademark
Madrid Protocol via WIPO
650+ CHF base + per country
EU Patent
European Patent or Unitary Patent
5,000-10,000 euros per country
Patent worldwide
PCT application via WIPO
3,000-5,000 euros PCT + per country
EU design
Community design via EUIPO
350-1,000 euros depending on volume
IP type
International route
Indicative costs
EU trademark
Union trademark via EUIPO
850-1,050 euros per trademark per class
Trademark worldwide
Madrid Protocol via WIPO
650+ CHF basis + per country
EU Patent
European Patent or Unitary Patent
5,000-10,000 euros per country
Worldwide Patent
PCT application via WIPO
3,000-5,000 euros PCT + per country
EU Model
Community design via EUIPO
350-1,000 euros depending on volume
What risks do companies face? (What goes wrong with IP abroad?)
Unprotected IP in new markets can be claimed by third parties (trademark squatting in China under first-to-file). Upon termination of cooperation, a former partner may compete with your IP. Unclear ownership rules lead to legal disputes over reports, software, and designs. Without confidentiality and non-aggression clauses, trade secrets are lost. Damage to IP is often irreversible.
Practical example from our practice (How do we save Vietnamese trademark position?)
Musch Legal advised a Dutch design studio on a collaboration with a Vietnamese production partner. No NNN agreement, no Vietnamese trademark registration. The partner registered the design locally and blocked export by third parties. The client temporarily lost Vietnam as a market. Upon contract renewal, we registered trademarks via the Madrid Protocol with designation of Vietnam, concluded an NNN agreement under Vietnamese law, and arranged a structured IP transfer. Subsequent extensions proceeded without issues.
What can you do? (What IP strategy are you building?)
Build an IP portfolio per market. Register trademarks via the Madrid Protocol before market entry. For the EU: Union trademark via EUIPO. For patents: PCT application within 12 months of the national application. Construct NNN agreements for production in high-risk countries. Document design history. Plan IP renewals (trademarks every 10 years). Engage Musch Legal with IP specialists for a portfolio audit.
Registering trademarks internationally