Intellectual property (IP) is an integral part of Australia's international trade and investment. Effective IP rules help Australian businesses trade and invest with confidence, protect innovation and creativity, and support access to new technologies and markets. Australia works internationally to promote consistent IP standards that advance these interests and support economic growth.
The Department of Foreign Affairs and Trade (DFAT) leads whole-of-government engagement in Australia's international IP negotiations and institutions relating to trade and investment. We work with other Australian government agencies responsible for IP policy, management and enforcement.
DFAT works closely with IP Australia, the Department of Infrastructure, Transport, Regional Development, the Office for the Arts, the Attorney-General's Department (copyright), the Department of Agriculture, Fisheries and Forestry and the Australian Border Force (border enforcement).
About IP
IP refers to legal rights that protect creations, inventions, brands and commercially valuable information. 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
Australia's IP system allows people and businesses to protect and commercialise inventions, brands, designs and creative work. It supports innovation, investment and Australia’s economic competitiveness.
Industries that rely on IP make an important contribution to employment and competitiveness in Australia. Australia ranked 20th in WIPO’s 2026 Global Innovation Index. 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 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (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
- recognising that IP protection should support broader public interests, including public health, facilitating technology transfer, and measures against unfair competition.
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 (GIs) 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 provides robust protections for 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.
Australia is introducing a new GIs system as part of the implementation of the Australia-EU Free Trade Agreement.
TRIPS and WTO dispute settlement
WTO members can use the WTO dispute settlement system to resolve disputes about obligations under the TRIPS Agreement. 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, 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. Australia signed the Treaty in December 2024. Ratification of the treaty will occur as part of the standard treaty making process.
WIPO has welcomed Australia’s $2.3 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.
Australia's approach to intellectual property in free trade agreements reflects our domestic policy objectives and international obligations.
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