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Case Study 70: Belgian SME - IP protection strategy in Singapore

  1. Background 

A Belgian SME, specialising in decontamination and maintenance of personal protective equipment (PPE), spent several years conducting intensive research and development activities. This led to it developing a new technology for deep cleaning of PPE: the technology consisted of specific software embodied in a novel device. To commercialise its innovation and find local partners in SEA, the SME planned to attend an industry trade fair in Singapore. One of its employees, who was aware of the specific support offered by the SEA IP SME Helpdesk (SEA HD) from a previous job, decided to reach out. A couple of weeks before the business trip to Singapore in May 2025, an online consultation was scheduled with an SEA HD IP Business Advisor (IPBA).

 

  1. IP issue raised

The SME was seeking advice on its IP protection strategy and the management of its portfolio of IP rights (IPRs) in the Singaporean market, including legal protection for its technology and brand identity. 

 

  1. Results & actions taken.

First, the IPBA conducted a thorough review of the SME’s existing IPRs, including its patents (those granted and those pending registration), trade secret protection, and its registered trademarks in a few key countries. The SME’s CEO had a solid knowledge of IP matters, and the IPBA provided further advice to strengthen the company’s IP protection strategy:

  • As the SME had several patents pending registration, the IPBA introduced useful tools to verify patent status and reminded the company that, depending on the timing, a patent could be extended to cover new territories. For Singapore or other countries of the region, the SME would be able to use the Patent Cooperation Treaty (PCT) System and also the acceleration programmes currently available. Most importantly, the IPBA highlighted the importance of avoiding disclosures that could jeopardise any future patent or utility model application (i.e. the need to preserve novelty, which is a key requirement).
  • The SME already had a trade secret management programme in place, and the IPBA further outlined the legal regime for protecting secret and valuable business information in SEA (some countries use civil law while others use common law or a mix of both systems). The IPBA highlighted trade secret protection measures any SME should consider. Those included legal measures (adding specific clauses in contracts and agreements), technical measures (cybersecurity and IT protection), and physically protecting access to and storage of data (security on access doors or restricting access only to key employees). Based on the SME’s technology, the IPBA suggested using both patent and trade secret protection as complementary regimes to protect different features of the product and the underlying processes.
  • The IPBA also introduced the SME to two less commonly known IPRs:  industrial designs (to protect the Graphical User Interface (GUI) of software and the shape of the hardware) and utility models (which is a good alternative to patent protection in most SEA countries, but which cannot be used in Singapore since it does not recognise this IP type). The IPBA further explained that the novelty requirement should apply to both IPRs and that utility model protection is commonly used to protect the second or third generation of a product.

The SME was then advised to record IP related agreements – such as franchising or licensing contracts – signed with a local partner in SEA before the relevant national IP offices as this may be mandatory in some countries. Moreover, the IPBA provided the SME with a list of external IP experts in SEA, who work in collaboration with the SEA HD, so the SME could seek local assistance if needed.

The IPBA also provided the SME with additional IP information that would be relevant to its expansion in SEA, notably the possibility of leveraging active EU Free Trade Agreements in the region (in Vietnam and Singapore) and useful contacts in Singapore (Delegation of the EU to Singapore, Belgian governmental trade support, local chambers of commerce, and business associations).

Result: Even though the SME already had an existing IP protection strategy, it could now consider registering new types of IPRs to protect other assets of the business, i.e. industrial designs and utility models. Based on the IPBA’s recommendation, the SME contacted a local IP expert to assist it in adapting its IP strategy before the business trip to Singapore. The SME acknowledged that the IPBA’s assistance was key to preparing for the business event in Singapore and subsequently securing a local partnership to distribute its technology in SEA.

 

  1. Lessons Learnt: 

IPRs are territorial by nature. This means that if a company wants to get appropriate IP protection in Singapore, it should consider registering its IPR locally either via the local route (before the national IP office) or via the international route (several international treaties and systems).

An IP strategy needs to be carefully discussed and planned ahead of the internationalisation phase. Each product, industry and technology requires a tailored IP strategy based on several factors (e.g. countries of interest, available resources and budget, timing of market entry).

Each country has local specificities in SEA: not all IPRs are recognised and registrable worldwide (e.g. utility models, unregistered designs) and the legal framework for each right may vary depending on the country (e.g. the name of the IPR, the duration of protection and the registration requirements). Therefore, working with a local IP expert is key to adapting your strategy to the local regulations and practice.

Once your IPRs are registered, managing your IPR portfolio is key. This implies being aware of where your assets are protected and the exact status of your IPRs (registered, pending registration, date of expiration). Organising and updating your IPRs portfolio is crucial. Keep in mind that not protecting one asset or neglecting to perform one action (renewal/maintenance or updating owner information) in due time may lead to serious issues, i.e. loss of an IPR, loss of revenue or market share.