Intellectual Property and International Trade

Intellectual property includes patents, trade marks, copyright and related rights, geographical indications, industrial designs, know-how and trade secrets. Intellectual property is an integral part of international trade, and its importance is increasing as the effective use of knowledge contributes ever more to national economic prosperity. The current value of intellectual property in Australia is over $30 billion.

As a trading nation with a strong research tradition and a need for access to new technologies, Australia has interests in the agreed international standards on the protection and exploitation of intellectual property rights.

Consequently, Australia protects those interests, notably in its work within the World Trade Organization (WTO) to promote the effective and balanced implementation and development of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

The Office of Trade Negotiations (OTN) within the Department of Foreign Affairs and Trade (DFAT) is responsible for the overall coordination of Australia's engagement with the WTO. Within OTN, the International Intellectual Property Section (IPS) has particular responsibility for intellectual property issues. Please contact us for any further information.

WTO and TRIPS

The World Trade Organization was established in 1995 at the conclusion of the Uruguay Round of multilateral trade negotiations, building on the earlier General Agreement on Tariffs and Trade system. The WTO, under the direction of its Member economies, administers a wide-ranging system of rules for international trade, aimed at liberalising and expanding trade under agreed and enforceable rules for reciprocal benefit. This system has led to significant benefits for Australian exporters, yielding improved market access and lower tariffs in many sectors. The Agreement on Trade-Related Aspects of Intellectual Property Rights (pdf) (TRIPS) is one of the set of agreements making up the integrated WTO system of trade rules.

What does TRIPS do?

TRIPS is intended to maximise the contribution of intellectual property systems to economic growth through trade and investment by:

establishing minimum standards for intellectual property rights protection in the national systems of WTO members
prescribing agreed elements of an effective mechanism for administration and enforcement of intellectual property rights
creating a transparency mechanism - each WTO member is required to provide details of their national intellectual property laws and systems, and to answer questions about their intellectual property systems
creating a predictable, rules-based system for the settlement of disputes about trade-related intellectual property issues between WTO members
allowing for mechanisms that ensure that national intellectual property systems support widely accepted public policy objectives, such as stamping out unfair competition, facilitating transfer of technology, and promoting environmental protection

TRIPS and WTO dispute settlement

TRIPS established a binding, transparent and rules based dispute settlement mechanism. The WTO Understanding on the Rules and Procedures Governing the Settlement of Disputes enforces the commitments made by WTO Members under TRIPS. The availability of a binding dispute settlement mechanism to enforce obligations under TRIPS helps to ensure that Australian exporters can continue to expand and diversify trading opportunities in intellectual property and value-added products.

DFAT's WTO Trade Law Branch has responsibility for managing and advising on all WTO Disputes.

Asia Pacific Economic Cooperation Forum (APEC)

The APEC Intellectual Property Experts' Group (IPEG), formed in 1995 under the auspices of APEC's Committee for Trade and Investment, plays a valuable supporting role in promoting efficient, TRIPS-consistent intellectual property protection among our APEC trading partners. Part of the TRIPS package is an undertaking by member economies to provide technical assistance for the implementation of TRIPS. Australia has supported the development of TRIPS-consistent intellectual property systems in developing countries in our region.

International intellectual property sites

For further information on intellectual property issues you may wish to consult the following sites:

Contact us

International Intellectual Property Section
Services and Intellectual Property Branch
Department of Foreign Affairs and Trade
R.G.Casey Building
Barton ACT 0221
Email: ip@dfat.gov.au