Intellectual property
Intellectual property (IP) is an integral part of Australia's international trade and investment profile and is increasingly important to the Australian economy. It's in our interest to promote agreed international standards on the protection and exploitation of IP rights which help underpin trade and investment, and enable innovation and creativity for all Australians.
The Department of Foreign Affairs and Trade (DFAT) leads whole-of-government engagement in Australia's international intellectual property negotiations and institutions as they relate to trade and investment, supported by other agencies responsible for intellectual property policy.
DFAT works closely with IP Australia, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (Office for the Arts), the Attorney General's Department (Copyright), the Department of Agriculture, Fisheries and Forestry and the Australian Border Force on Australia's international IP commitments.
About intellectual property
Intellectual property (IP) includes:
- patents
- trade marks
- copyright and related rights
- geographical indications
- industrial designs
- plant breeder's rights
- know-how and trade secrets.
IP in Australia
An effective intellectual property system is vital to Australia's economic success and ensures that Australia's innovators can retain and develop their intellectual property rights.
Australian businesses with IP rights account for around 35% of Australia's Gross Domestic Product (GDP) and around 51% of Australia's total exports (Australian Intellectual Property Report 2023, IP Australia).
International studies indicate the significant contribution IP-related industries make to employment in Australia. IP-related industries play an important role in driving Australia's international competitiveness in innovation - Australia is 24th on the Global Innovation Index – (2023) (World Intellectual Property Organization). IP imports and exports also support the development of Australian industries such as the mining, services, innovation and technology, and creative industries.
Protecting our IP interests
Australia has a strong tradition of research and innovation and a need for access to new technologies, underpinning an interest in agreed, effective and balanced international standards of protection and exploitation of IP rights. We protect those interests by working across the international IP arena, particularly within the:
- World Trade Organization (WTO) to promote balanced implementation and development of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- World Intellectual Property Organization (WIPO).
WTO and TRIPS
The TRIPS Agreement is one of a set of agreements making up the integrated WTO system of trade rules.
TRIPS supports the contribution of IP systems to economic growth through trade and investment by:
- establishing minimum standards for IP rights protection in the national systems of WTO Members
- prescribing agreed mechanisms for administration and enforcement of IP rights
- creating a transparency mechanism – each WTO Member is required to provide details of their national IP laws and systems, and to answer questions about their IP systems
- creating a predictable, rules-based system for the settlement of disputes about trade-related IP issues between WTO Members
- allowing for mechanisms that ensure national IP systems support widely accepted public policy objectives such as stamping out unfair competition, facilitating transfer of technology, protecting public health and promoting environmental protection.
Part of the TRIPS package is an undertaking by member economies to provide technical assistance for the implementation of TRIPS. Australia supports the development of TRIPS-consistent IP systems in developing countries in our region.
Geographical indications
Geographical indications identify a good as originating in a specific territory, region or locality where a particular quality, reputation or other characteristic is essentially attributable to its geographical origin.
Australia has been an active participant in the WTO negotiations for a multilateral register for wine and spirit geographical indications. The WTO website provides information on the history of the geographical indications negotiations.
Australia provides robust protections for geographical indications (GIs). The Department of Agriculture, Fisheries and Forestry manages wine GIs and IP Australia is responsible for the registration of GIs as certification trade marks for all goods. Food Standards Australia New Zealand provides further enforcement mechanism for GIs for spirits.
TRIPS and WTO dispute settlement
The TRIPS Agreement 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.
A binding dispute settlement mechanism to enforce obligations under TRIPS can support Australian exporters to expand and diversify trading opportunities in IP and value-added products.
World Intellectual Property Organization
Australia is an active member of the World Intellectual Property Organization (WIPO), the United Nations agency responsible for international IP administration, services and policy development.
Australia is involved across the WIPO agenda, including in the WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources and Traditional Knowledge and Folklore.
On 24 May 2024, the WIPO announced the conclusion of negotiations on a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Australia welcomed the announcement and supported the treaty's conclusion. Signature and ratification of the treaty will occur as part of the standard treaty making process.
WIPO has welcomed Australia s $2 million (AUD) contribution to the fourth iteration of the WIPO Australia Funds In Trust arrangement, to assist least developed and developing countries in the Asia and the Pacific Region build their intellectual property systems and capabilities to facilitate innovation, investment and technology transfer.
IP in free trade agreements
Australia looks to include commitments on IP in our free trade agreements to address developments in, and achieve a consistent international approach to, IP protection and enforcement.
Free trade agreements support Australia's intellectual property interests and do not drive domestic policy outcomes.
Under the ASEAN–Australia–New Zealand Free Trade Agreement (AANZFTA), Australia co-chairs the Intellectual Property Committee with ASEAN members and New Zealand. The committee continues to develop capacity-building programs to support AANZFTA IP protection, capacity building and cooperation in our region.
APEC IP Experts Group
The APEC Intellectual Property Experts' Group (IPEG) promotes efficient, TRIPS-consistent IP protection among our APEC trading partners.
More about IP
Resources
- World Trade Organization
- World Intellectual Property Organization (WIPO)
- WTO TRIPS Agreement Website
- The TRIPS Agreement
- TRIPS Council
- IP Australia: Understanding Intellectual Property
- International Union for the Protection of New Varieties of Plants (UPOV)
- Asia-Pacific Economic Cooperation (APEC) Forum
- Organisation for Economic Co-operation and Development (OECD)
- Food and Agriculture Organization of the United Nations (FAO)
- Austrade: Australian intellectual property laws